# The National Health Service Liabilities Schemes Amendment Regulations 2005 S.I. 2005/604 · made 9 March 2005 These Regulations further amend the following Regulations—the National Health Service (Clinical Negligence Scheme) Regulations 1996 (CNS Regulations);the National Health Service (Existing Liabilities Scheme) Regulations 1996 (ELS Regulations );the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (LTPS Regulations);the National Health Service (Property Expenses Scheme) Regulations 1999 (PES Regulations). Made under: National Health Service Act 1977 (Section 126); National Health Service and Community Care Act 1990 (Section 21) PDFs: Printed copy https://openlegislation.uk/national-health-service-liabilities-schemes-amendment-regulations-2005/pdf/uksi_20050604_en.pdf; Explanatory Memorandum https://openlegislation.uk/national-health-service-liabilities-schemes-amendment-regulations-2005/pdf/uksiem_20050604_en.pdf ## Introductory text NATIONAL HEALTH SERVICE, ENGLAND Made 9th March 2005 Laid before Parliament 10th March 2005 Coming into force 1st April 2005 The Secretary of State for Health, in exercise of the powers conferred by section 126(4) of the National Health Service Act 1977, and section 21 of the National Health Service and Community Care Act 1990 and all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations: ## 1 Citation, commencement, interpretation and application (1) These Regulations may be cited as the National Health Service Liabilities Schemes Amendment Regulations 2005, and shall come into force on 1st April 2005. (2) In these Regulations— “the CNS Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 1996; the ELS Regulations” means the National Health Service (Existing Liabilities Scheme) Regulations 1996; “the LTPS Regulations” mean the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999; “the PES Regulations” mean the National Health Service (Property Expenses Scheme) Regulations 1999. (3) These Regulations apply in England. ## 2 Amendment of regulation 1 of the CNS Regulations In regulation 1(2) of the CNS Regulations (interpretation) in the definition of “relevant function” for “or 15” substitute “15 or 15A”. ## 3 Amendment of regulation 3 of the CNS Regulations In regulation 3 of the CNS Regulations (eligible bodies) for paragraph (1)(e) substitute— “the Health Protection Agency.”. ## 4 Amendment of regulation 3 of the ELS Regulations In regulation 3 of the ELS Regulations (eligible bodies) for paragraph (a)(iv) substitute— “the Health Protection Agency;”. ## 5 Amendment of regulation 1 of the LTPS Regulations In regulation 1(2) of the LTPS Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13,14, 15 or 15A”. ## 6 Amendment of regulation 3 of the LTPS Regulations In regulation 3 of the LTPS Regulations (eligible bodies)— (a) at the end of sub-paragraphs (b) and (c) omit “or”; (b) at the end of sub-paragraph (d) insert— “or (e) the Health Protection Agency.”. ## 7 Amendment of regulation 4 of the LTPS Regulations In regulation 4(2) of the LTPS Regulations (liabilities to which the Scheme applies) at the end of the definition of “relevant person” add the words “and includes an employee or agent of the person so engaged.”. ## 8 Amendment of regulation 1 of the PES Regulations In regulation 1(2) of the PES Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13,14, 15 or 15A”. ## 9 Amendment of regulation 3 of the PES Regulations In regulation 3 of the PES Regulations (eligible bodies)— (a) at the end of sub-paragraphs (b) and (c) omit the word “or”; (b) At the end of sub-paragraph (d) insert— “or (e) the Health Protection Agency.”. ## Signature Signed by authority of the Secretary of State for Health Rosie Winterton Minister of State, Department of Health 9th March 2005 Jim Murphy Nick Ainger Two of the Lords Commissioners of Her Majesty’s Treasury 9th March 2005 ## Explanatory note (This note is not part of the Regulations) These Regulations further amend the following Regulations— the National Health Service (Clinical Negligence Scheme) Regulations 1996 (CNS Regulations); the National Health Service (Existing Liabilities Scheme) Regulations 1996 (ELS Regulations ); the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (LTPS Regulations); the National Health Service (Property Expenses Scheme) Regulations 1999 (PES Regulations). Each of these Regulations establishes a Scheme whereby NHS trusts and certain other bodies providing services under the National Health Service Act 1977 may make provision respectively— for meeting liabilities to third parties in connection with personal injury arising out of, negligence in the carrying our of their functions; for meeting liabilities incurred before 1st April 1995 to third parties in connection with personal injury arising out of negligence in the carrying out of their function; for meeting liabilities to third parties in connection with loss, damage or injury arising out of the carrying out of the bodies' functions other than liabilities to which the CNS Regulations, the ELS Regulations and the PES Regulations apply; for claiming reimbursement for expenses arising from liabilities to which the CNS Regulations, the ELS Regulations or the LTPS Regulations apply. Regulations 2,5 and 8 amend the definition of “relevant function” to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 7 amends the definition of “relevant person” in respect of the liabilities to which the LTPS Regulations apply to include an employee or agent of a person engaged by a member of the Scheme. Regulations 3,4,6 and 9 include the Health Protection Agency as an eligible body able to participate in the Schemes and in regulations 3 and 4, the references to the Public Health Laboratory Service Board are omitted. --- Source: https://www.legislation.gov.uk/uksi/2005/604 (the official version) Page: https://openlegislation.uk/national-health-service-liabilities-schemes-amendment-regulations-2005 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.