1 Citation, commencement, interpretation and extent

(1)    These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002, and shall come into force on 6th May 2002.

(2)    In these Regulations “the principal Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 1996.

(3)    These Regulations extend to England only.

NOTES
Initial Commencement
Specified date

Specified date: 6 May 2002: see para (1) above.

Extent

These Regulations apply to England only: see para (3) above.

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2 Amendment of regulation 1 of the principal Regulations

2Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal 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 or 15.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 May 2002: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

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3 Amendment of regulation 3 of the principal Regulations

3Amendment of regulation 3 of the principal Regulations

Regulation 3(1) of the principal Regulations (eligible bodies) is amended as follows:—

(a)    at the end of sub-paragraph (c) omit the word “or”, and

(b)    at the end of sub-paragraph (d) add—

“, or

(e)    the Public Health Laboratory Service Board.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 May 2002: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

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4 Amendment of regulation 4 of the principal Regulations

4Amendment of regulation 4 of the principal Regulations

In regulation 4 of the principal Regulations (liabilities to which the Scheme applies) insert “(1)” at the beginning and at the end add the following paragraph—

“(2)    The reference in paragraph (1) to any act or omission to act on the part of a person engaged by a member includes any act or omission to act on the part of an employee or agent of the person so engaged.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 May 2002: see reg 1(1).

Extent

These Regulations apply to England only: see reg 1(3).

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Signature

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under Secretary of State

Department of Health

11th April 2002

John Heppell

Tony McNulty

Two of the Lords Commissioners of Her Majesty's Treasury

11th April 2002

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations further amend the National Health Service (Clinical Negligence Scheme) Regulations 1996 which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions.

Regulation 3 provides for the Public Health Laboratory Service Board to be eligible to participate in the Scheme.

Regulation 2 amends the definition of “relevant function” to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 4 provides that the liabilities to which the Scheme applies includes those in consequence of any act or omission to act on the part of any employee or agent of a person engaged by a member in connection with any relevant function of that member.

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