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The National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1999

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1.  These Regulations may be cited as the National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1999 and shall come into force on 26th May 1999.

Amendment of regulation 6 of the National Health Service (Existing Liabilities Scheme) Regulations 1996

2.  In regulation 6 of the National Health Service (Existing Liabilities Scheme) Regulations 1996(1) (payments under the scheme)—

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

(b)in paragraph (2), after sub-paragraph (a), insert the following—

(aa)any payment which falls to be made by the eligible body where that body has not complied with any condition imposed by the Secretary of State relating to the claim;

(ab)any payment into court which the eligible body has made without the prior consent in writing of the Secretary of State;, and

(c)in paragraph (3)

(i)omit the words “to an eligible body”;

(ii)in sub-paragraphs (a), (b)(iii) and (c), after the words “costs incurred by”, and in paragraph (d)(2), after those words appear for the second time, insert the words “or on behalf of”;

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

(iii)in sub-paragraph (e)(3), 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 eligible body”;

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

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

Insertion of regulation 6A into the National Health Service (Existing Liabilities Scheme) Regulations 1996

3.  After regulation 6 add the following regulation—

Payments on Account

6A.(1) Where, in any year, a payment (including a payment into court) falls to be made by an eligible body in connection with a claim in respect of which a payment may become payable by the Secretary of State under regulation 6, the Secretary of State may make a payment on account of any amount which may become payable by him under that regulation.

(2) Such payment on account may be made to or on behalf of the eligible body.

(3) Where the amount of any such payment on account exceeds the amount of any payment the Secretary of State subsequently determines to make under regulation 6 the excess shall be recoverable from the eligible body.

Signed by authority of the Secretary of State for Health.


Parliamentary Under Secretary of State,

Department of Health

27th April 1999

Jim Dowd

Jane Kennedy

Two of the Lords Commissioners of Her Majesty’s Treasury

4th May 1999

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