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The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 1999

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Amendment of regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996

2.  In regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996(1) (payments under the scheme)—

(a)in paragraph (1), for the words “pay to that member an amount” substitute the words “pay to or on behalf of that member an amount”;

(b)in paragraph (2)(d), after head (iia)(2), insert the following heads:—

(iib)any payment which falls to be made by a member where the member has not complied with any condition imposed by the Secretary of State relating to the claim,

(iic)any payment into court which the member has made without the prior consent in writing of the Secretary of State,;

(c)in paragraph (3)—

(i)omit the words “to a member”;

(ii)in sub-paragraphs (a), (b)(iii), and (c), after the words “costs incurred by”, and in sub-paragraph (d)(3), after those words appear for the second time, insert the words “or on behalf of”;

(iii)in sub-paragraph (b)(i), after the word “paid”, insert the words “or payable”;

(iv)in sub-paragraph (e)(4), for the words “incurred by either party” substitute the words “incurred by the person making the claim and any such costs incurred by or on behalf of the member;”

(v)after sub-paragraph (e) add the following sub-paragraph—

(f)where the member has decided to make a payment into court, the amount of that payment;.

(1)

S.I. 1996/251, as amended by S.I. 1997/527.

(2)

Head (iia) was inserted by S.I. 1997/527, regulation 4(b).

(3)

Sub-paragraph (d) was inserted by S.I. 1997/527, regulation 4(c).

(4)

Sub-paragraph (e) was inserted by S.I. 1997/527, regulation 4(c).

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