The National Health Service (Clinical Negligence Scheme) Amendment Regulations 2013

Amendment of regulation 1 of the principal Regulations

2.—(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.

(2) In paragraph (2)—

(a) prior to the definition of “the Act”, insert—

““the 2006 Act” means the National Health Service Act 2006;”;

(b) after the definition of “the Act”, insert—

““CCG” means a clinical commissioning group;”;

(c) after the definition of “an eligible body”, insert—

““first contracting party” means an NHS trust, an NHS foundation trust, a local authority or another body which provides relevant health services, the provision of which is the subject of an arrangement made between it and the Board, a CCG or a Special Health Authority;

“insolvency” has the same meaning as in section 247(1) of the Insolvency Act 1986(“insolvency” and “go into liquidation”)(1);”;

(d) after the definition of “preceding year”, insert—

““primary care services” means health services provided under a contract, arrangement or agreement made under or by virtue of the following sections of the 2006 Act—

(a)

section 83(2) (arrangements by the Board for the provision of primary medical services);

(b)

section 84(1) (general medical services contracts);

(c)

section 92 (other arrangements for primary medical services);

(d)

section 100(1) (general dental services contracts);

(e)

section 107(1) (other arrangements for the provision of primary dental services);

(f)

section 115(4) (power of the Board to make arrangements for the provision of primary ophthalmic services);

(g)

section 117(1) (general ophthalmic services contracts);

(h)

section 126(1) (pharmaceutical services);

(i)

section 127(1) (additional pharmaceutical services);

(j)

section 134 (pilot schemes); or

(k)

Schedule 12 (local pharmaceutical services schemes);

“primary provider body” means a body described in sub-paragraph (i) of regulation 3(1);”;

(e) for the definition of “relevant function”, substitute—

““relevant function” means the function of arranging for the provision of, or providing, services for the purposes of the health service;”;

(f) after the definition of “relevant function”, insert—

““relevant health services” means health services provided in England for the purposes of the health service, except primary care services;”; and

(g) after the definition of “the Scheme”, insert—

““sub-provider body” means a body described in sub-paragraph (j) of regulation 3(1);”.

(1)

1986 c.45. Section 247(1) was amended by section 248(3) of, and paragraphs 9 and 33(1) and (2) of Schedule 17 to, the Enterprise Act 2002 (c.40).