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

Contributions to the Scheme

7.—(1) A member shall pay to the Scottish Ministers in respect of each membership year such amount as shall be determined in relation to that member, and notified to it, in accordance with this regulation.

(2) When determining in relation to any member the amount of the payment to be made under paragraph (1), the Scottish Ministers shall have regard to–

(a) their estimate of the total amount which will, by virtue of regulation 9 (payments under the Scheme), fall to be paid during that membership year in respect of all qualifying liabilities and financial losses under the Scheme;

(b) the nature of the member’s relevant functions;

(c) the number of employees of the member who are engaged in its performance of a relevant function, or any part of such a function, and the qualifications and experience of those employees; and

(d) their assessment of–

(i) the effectiveness of any steps being taken, or to be taken, by the member, with a view to reducing the incidence of qualifying liabilities and financial losses in connection with any relevant function; and

(ii) the effectiveness of any such steps which may previously have been taken; and may have regard to any other factor concerning that or any other member or the Scheme which they consider to be material to their determination.

(3) The Scottish Ministers shall give notice in writing of the contribution due from each member–

(a) for the first year’s membership by no later than 30th April 2000;

(b) as respects any other membership year, by no later than 31st December in the preceding year;

(4) Where, after notice has been given to a member in accordance with paragraph (3) in relation to any membership year which begins after 1st April 2000, it appears to the Scottish Ministers that–

(a) the amount specified in the notice was–

(i) incorrectly calculated; or

(ii) determined by reference to information which was incorrect; or

(b) in the light of further information which has become available to him, the determination of that amount ought to be reconsidered,

they shall reconsider the determination and may, at any time before the end of the membership year to which it relates, revise the amount of the payment to be made under paragraph (1).

(5) Where an amount is revised under paragraph (4), the Scottish Ministers shall give to the member notice in writing of the revised amount, and that paragraph shall have effect in relation to that amount as if the notice had been given under paragraph (3).

(6) Any amount which falls to be paid by a member under paragraph (1) shall be paid by the member to the Scottish Ministers no later than the date specified in the notice issued under paragraph (3).