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NHS Redress Act 2006

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10Scheme members

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(1)Subject to subsection (3), a scheme may make such provision as the Secretary of State thinks fit—

(a)about membership of the scheme on the part of any body or other person to whose liability the scheme applies, and

(b)about the functions of members in connection with the scheme.

(2)A scheme may, in particular—

(a)require or permit a specified body or other person to be a member of the scheme;

(b)require a member of the scheme to carry out specified functions in relation to specified proceedings under the scheme;

(c)authorise members of the scheme to make arrangements under which functions under the scheme are carried out by one member on behalf of another;

(d)require members of the scheme to have regard, in relation to the carrying out of functions under the scheme, to any relevant advice or other guidance issued by the scheme authority;

(e)require, or enable the scheme authority to require, members of the scheme to keep specified records in relation to the carrying out of functions under the scheme;

(f)require, or enable the scheme authority to require, members of the scheme to provide the authority with information or documents relevant to its functions;

(g)require members of the scheme to make payments in accordance with the scheme by way of contribution to specified costs of its operation;

(h)require a member of the scheme to charge an individual of a specified description with responsibility for overseeing the carrying out of specified functions conferred on the member under this Act;

(i)require a member of the scheme to charge an individual of a specified description with responsibility for advising the member about lessons to be learnt from cases involving the member that are dealt with under the scheme.

(3)A scheme must require a member of the scheme to prepare and publish an annual report about cases involving the member that are dealt with under the scheme and the lessons to be learnt from them.

(4)The provision that may be made under this section includes provision which has the effect that a member of a scheme who has arranged for the provision of services has functions under the scheme which relate to someone else’s liability in connection with the provision of the services.

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