The National Health Service (Property Expenses Scheme) Regulations 1999

Expenses to which the Scheme applies

4.—(1) The Scheme applies to any expense which is incurred by a member–

(a) arising from any loss or damage to its property; and

(b) which is not an expense arising from a liability which is a qualifying liability for the purposes of the National Health Service (Clinical Negligence Scheme) Regulations 1996(1), the National Health Service (Existing Liabilities Scheme) Regulations 1996(2) or the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999(3).

(2) Without prejudice to the generality of paragraph (1), the expenses to which the Scheme applies include expenses arising from–

(a) loss of or damage to property of the member or for which the member was responsible in the course of a relevant function;

(b) loss of use of equipment or other property necessitating immediate repair or replacement of the same before the member can resume normal working;

(c) loss or damage to property arising from a deliberate act of fraud or dishonesty; and

(d) any consequential or ancillary expense which arises in connection with any expense referred to in any of the above categories or in paragraph (1).

(3) The Secretary of State and a member may agree–

(a) a minimum level of expense which must arise before a payment or other provision in respect of such an expense may be made under the Scheme; and

(b) an amount which is to be the maximum amount of any payment or other provision in respect of such an expense which may be made under the Scheme.

(1)

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

(2)

S.I. 1996/686, as amended by S.I. 1997/526.

(3)

S.I. 1999/873.