# The National Health Service (Injury Benefits) Amendment Regulations 1998, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the National Health Service (Injury Benefits) Regulations 1995 (“the principal Regulations”), principally in consequence of the coming into force of Part I of the National Health Service (Primary Care) Act 1997.
Regulation 1 provides for citation, commencement and interpretation.
Regulation 2 amends the interpretation section of the principal Regulations to extend the operation of the principal Regulations to all pilot scheme providers and medical practitioners who are pilot scheme employees, and in respect of whose employment by the pilot scheme the Health Authority’s consent has been obtained. The Health Authority in question is that which is a party to the pilot scheme agreement. A minor typographical error in the definition of “average remuneration” in regulation 2(1) of the principal Regulations is corrected. The term “relevant pension scheme” in regulation 2(1) of the principal Regulations has been redefined to include pension benefits derived from a personal pension or the State Earnings Related Pension Scheme.
Regulation 3 amends regulation 3(1) of the principal Regulations to ensure that that regulation applies to providers of piloted services under a pilot scheme, and to registered medical practitioners who are pilot scheme employees in respect of whose employment the Health Authority’s consent has been obtained. The Health Authority in question is that which is a party to the pilot scheme agreement.
Regulation 3(2) of the principal Regulations is amended in order to provide that an injury sustained or a disease contracted in the course of a person’s employment must be wholly or mainly attributable to his employment.
Minor amendments are made to regulation 4(6)(b)(ii) of the principal Regulations in order to update references to the Social Security Contributions and Benefits Act 1992 concerning increases in incapacity benefit (regulation 4).
Regulation 5 amends regulation 4A of the principal Regulations in order to clarify that for the purposes of that regulation the Health Authority will be deemed to be the employing authority of a practitioner, pilot scheme provider or a medical practitioner who is a pilot scheme employee. The Health Authority in question is that which is a party to the agreement for the pilot scheme in which the practitioner is participating, or in whose area the practitioner is practising.
These Regulations do not impose any costs on business.

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Source: https://www.legislation.gov.uk/uksi/1998/667/note (the official version)
Page: https://openlegislation.uk/national-health-service-injury-benefits-amendment-regulations-1998/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

