The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000

Liabilities to which the Scheme applies

4.—(1) The Scheme applies in accordance with the following provisions of this regulation.

(2) Any liability to any person arising from a claim to which a member is subject in respect of or consequent upon personal injury or loss arising out of or in connection with any breach of a duty of care owed by that body to any person in connection with the diagnosis of any illness, or the care or treatment of any person, in consequence of any act or omission to act on the part of a person employed or engaged by a member in connection with any relevant function of that member.

(3) Any liability to any person arising from an incident occurring–

(a) before 1st April 2000 except where the member had before that date a policy of insurance covering liability in respect of that incident;

(b) after 1st April 2000 to which a member or relevant person is subject in respect of loss, damage or injury which arises out of or in connection with any breach arising from–

(i) a liability in respect of personal injury and any consequential loss sustained by a relevant person arising out of and in the course of his or her employment or engagement by the member;

(ii) a liability in respect of or consequent upon personal injury or loss arising out of or in connection with any breach of a duty of care or breach of any statutory duty or breach of a duty under the Occupiers' Liability (Scotland) Act 1960(1) in each case owed by the member to any person in consequence of any act or omission to act on the part of any relevant person;

(iii) a liability in respect of personal injury and any consequential loss to any person or damage to any property of any person or other wrongful act committed by any relevant person;

(iv) a liability arising out of the act or omission to act on the part of a relevant person which is dishonest, fraudulent, criminal or malicious;

(v) a liability arising out of the making or publishing of any defamatory statement by the member or a relevant person;

(4) Any direct financial loss sustained at any time after 1st April 2000 following a single act or omission or series of related acts of fraud or dishonesty committed by a relevant person acting alone or with others, or of theft committed by any other person.

(5) In this regulation–

• “board member” means, in respect of a member, any member of the board of that member whether or not that person is an employee of that member;

• “personal injury” includes bodily injury, death, disease, illness and nervous shock and is to be treated as including wrongful arrest, detention, imprisonment and malicious prosecution;

• “relevant person” means, in respect of a member, a person employed or engaged by that member acting in the course of their employment or engagement.

(1)

1960 c. 30.