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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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Miscellaneous

Duty of members to provide information

20.—(1) In this regulation “specified” means specified by the Secretary of State in a notice under paragraph (2).

(2) The Secretary of State may by notice in writing require a member to provide the Secretary of State with specified information.

(3) Specified information includes—

(a)the nature of any relevant function carried on, or to be carried on, by the member in a specified membership year;

(b)the number of the member’s employees who are engaged in the member’s performance of a specified relevant function or in a specified part of any such function;

(c)the qualifications and experience of those employees; and

(d)any event of which the member is aware which it considers might give rise to a liability to which the Scheme applies.

(4) The member must comply with a notice under paragraph (2) and must—

(a)provide the information within 28 days of receiving the notice or within such further period as the Secretary of State may in writing allow;

(b)provide the information in any specified form; and

(c)submit the information in any specified manner.

Directions and guidance

21.—(1) The Secretary of State must make the following information available to eligible bodies in such form and at such times as the Secretary of State considers appropriate(1)—

(a)any directions which the Secretary of State gives to a relevant body with respect to the exercise by that body of its functions in connection with administering the Scheme; and

(b)any guidance which the Secretary of State gives to a relevant body as to the manner in which the Scheme is to be administered.

(2) “Relevant body” means a body directed by the Secretary of State under section 71(6) of the 2006 Act to carry out functions in connection with the administration of the Scheme.

Revocations and savings

22.—(1) Subject to paragraphs (2) to (4), the instruments specified in the first column of the Table set out in the Schedule are, in relation to England only, revoked to the extent stated in the third column of that Table.

(2) Paragraphs (3) and (4) apply where any payment falls to be made on or after the appointed day by a member of the Scheme in connection with a claim in respect of a liability and the circumstances to which the claim relates arose, or first arose, before the appointed day.

(3) Where the claim is made before the appointed day—

(a)any determination as to whether the Scheme applies to the liability; and

(b)any determination as to whether to make a payment in respect of the liability (and the amount of any such payment),

is to be made in accordance with the relevant provisions of the 1996 Regulations as if those Regulations remained in force.

(4) Where the claim is made on or after the appointed day—

(a)any determination as to whether the Scheme applies to the liability is to be made in accordance with the relevant provisions of the 1996 Regulations as if those Regulations remained in force; and

(b)any determination as to whether to make a payment in respect of the liability (and the amount of any such payment) is to be made in accordance with regulations 14 to 19 of these Regulations.

Transitional provision

23.—(1) Any application for membership of the Scheme which—

(a)has been made under regulation 6 of the 1996 Regulations (membership of the Scheme) before the appointed day; and

(b)has not been determined before the appointed day,

is to be dealt with as if the application had been made under regulation 5 of these Regulations (membership of the Scheme).

(2) Any amount payable by a member of the Scheme under regulation 8 of the 1996 Regulations (members’ contributions to the Scheme) which has not been paid before the appointed day is to be treated as payable under regulation 12 (duty of members to make contributions to the Scheme).

(3) Where a period of time specified in the 1996 Regulations is current on the appointed day, and a period of time is also specified in a corresponding provision of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when the period began to run.

(4) Except as stated in regulation 11(6), 12(4) or 22(2) to (4)—

(a)any thing done, if effective immediately before the appointed day, has effect after the appointed day as if done under or for the purposes of the corresponding provision of these Regulations; and

(b)any matter that is ongoing under or for the purposes of the 1996 Regulations immediately before the appointed day is to be treated as ongoing under these Regulations.

(1)

The directions and guidance given by the Secretary of State are available on request by writing to the Department of Health, Professional Standards, Quarry House, Leeds, LS2 7UA.

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