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;”.
S.I. 1996/686, as amended by S.I. 1997/526.
Sub-paragraph (d) was inserted by S.I. 1997/526, regulation 3.
Sub-paragraph (e) was inserted by S.I. 1997/526, regulation 3.