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The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018

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Medical Indemnity Insurance

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115.—(1) The contractor must at all times have in force in relation to it an indemnity arrangement which provides appropriate cover.

(2) The contractor must not sub‑contract its obligations to provide clinical services under the contract unless it has satisfied itself that the sub‑contractor has in force in relation to it an indemnity arrangement which provides appropriate cover.

(3) In this paragraph—

(a)“indemnity arrangement” means a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;

(b)“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services; and

(c)a contractor is regarded as having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to a person employed or engaged by the contractor in connection with clinical services which that person provides under the contract or, as the case may be, sub-contract.

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