The National Health Service (Clinical Negligence Scheme) Amendment (No. 2) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations have been issued free in consequence of a defect in the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 (S.I. 2006/2390) which, contrary to Statutory Instrument Practice, did not include the signatures of two Lords Commissioners of the Treasury.

Regulation 4 revokes S.I. 2006/2390, and regulations 2 and 3 re-make the provisions of S.I. 2006/2390 which amended the National Health Service (Clinical Negligence Scheme) Regulations 1996 (“the principal Regulations”) which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions.

Regulation 2 amends regulation 4 of the principal Regulations to include as liabilities to which the scheme applies certain liabilities incurred by third parties whom a PCT has engaged to provide services under the National Health Service Act 1977 which, immediately before that engagement, it was providing itself. It further provides that for the purposes of the Scheme, such liabilities shall be treated as if they were liabilities of the PCT which has engaged the person.

Regulation 3 makes consequential amendments to regulation 9 of the principal Regulations relating to payments under the Scheme to allow such payments to be made in cases relating to the liabilities to which the Scheme is applied by the foregoing amendments.