Health and Personal Social Services (Northern Ireland) Order 1972

[F1 Indemnity cover N.I.

64C.— (1) Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part VI practitioners hold approved indemnity cover.

(2) The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision—

(a) for securing that a person is not to be added to any list unless he holds approved indemnity cover;

(b) for the removal from a list prepared by [F2 the Department] of a Part VI practitioner who does not within a prescribed period after the making of a request by [F2 the Department] in the prescribed manner satisfy [F2 the Department] that he holds approved indemnity cover.

(3) For the purposes of this Article—

• “approved body” means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Department or by such other person as may be prescribed;

• “approved indemnity cover” means indemnity cover made—

  (a)

  on prescribed terms; and

  (b)

  with an approved body;

• “indemnity cover”, in relation to a Part VI practitioner (or person who proposes to provide Part VI services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which—

  (a)

  arises out of the provision of Part VI services in accordance with arrangements made by him with [F3 the Department] under this Part; and

  (b)

  is incurred by him or any such person in respect of the death or personal injury of a person;

• “list” has the same meaning as in paragraph 1(8) of Schedule 11;

• “Part VI practitioner” means a person whose name is on a list;

• “personal injury” means any disease or impairment of a person's physical or mental condition and includes the prolongation of any disease or such impairment;

• and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.

(4) The regulations may provide that a person of any description who has entered into a contract or arrangement which is—

(a) in a form identified in accordance with the regulations in relation to persons of that description; and

(b) made with a person or persons so identified,

is to be treated as holding approved indemnity cover for the purposes of the regulations.]

F1 2001 c. 3 (NI)

F2 Words in art. 64C(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 37(2); S.R. 2022/102, art. 2(b)

F3 Words in art. 64C(3) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 37(3); S.R. 2022/102, art. 2(b)