The Health and Personal Social Services Act (Northern Ireland) 2001 (Fund-holding Practices) (Transfer of Assets, Rights and Liabilities and Transitional Provisions) Order (Northern Ireland) 2002

Rights and liabilities remaining with former members

5.—(1) Subject to paragraphs (2) and (3), any liability which did not become enforceable against the Health and Social Services Board in accordance with Article 3, shall nevertheless be paid for by the Health and Social Services Board if the liability—

(a) is one which falls within Article 3(2); or

(b) is incurred on or after 1st April 2002 pursuant to written consent granted before that date.

(2) The Health and Social Services Board shall be liable to pay for a liability of the former members of the fund-holding practice under paragraph (1) up to any limitation on the sum to be applied set out in the written consent.

(3) Where the former members of a fund-holding practice become aware of any claim relating to a liability falling within paragraph (1), they shall—

(a) notify the Health and Social Services Board of the claim; and

(b) take such action as the Health and Social Services Board shall reasonably require to avoid, dispute, resist, compromise, defend or appeal against the claim.