The National Health Service Liabilities Schemes Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the following Regulations—

• the National Health Service (Clinical Negligence Scheme) Regulations 1996 (CNS Regulations);

• the National Health Service (Existing Liabilities Scheme) Regulations 1996 (ELS Regulations );

• the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (LTPS Regulations);

• the National Health Service (Property Expenses Scheme) Regulations 1999 (PES Regulations).

Each of these Regulations establishes a Scheme whereby NHS trusts and certain other bodies providing services under the National Health Service Act 1977 may make provision respectively—

• for meeting liabilities to third parties in connection with personal injury arising out of, negligence in the carrying our of their functions;

• for meeting liabilities incurred before 1^st April 1995 to third parties in connection with personal injury arising out of negligence in the carrying out of their function;

• for meeting liabilities to third parties in connection with loss, damage or injury arising out of the carrying out of the bodies' functions other than liabilities to which the CNS Regulations, the ELS Regulations and the PES Regulations apply;

• for claiming reimbursement for expenses arising from liabilities to which the CNS Regulations, the ELS Regulations or the LTPS Regulations apply.

Regulations 2,5 and 8 amend the definition of “relevant function” to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 7 amends the definition of “relevant person” in respect of the liabilities to which the LTPS Regulations apply to include an employee or agent of a person engaged by a member of the Scheme.

Regulations 3,4,6 and 9 include the Health Protection Agency as an eligible body able to participate in the Schemes and in regulations 3 and 4, the references to the Public Health Laboratory Service Board are omitted.