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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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Other liabilities for which members are treated as liable

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10.—(1) In this regulation, “health services provider” means an NHS trust, NHS foundation trust, local authority or other body which provides relevant health services.

(2) The Scheme applies to the qualifying liabilities of a health services provider (“the sub-contractor”) where its provision of relevant health services is the subject of—

(a)an arrangement made between it and another health services provider; and

(b)an arrangement made between—

(i)the Board, a CCG or a Special Health Authority; and

(ii)a health services provider which is a member of the Scheme.

(3) In determining whether paragraph (2) applies in any case, it does not matter whether the provision of relevant health services by the sub-contractor is the subject only of the arrangements referred to in paragraph (2)(a) and (b) or is also the subject of further arrangements made between health services providers.

(4) Qualifying liabilities to which the Scheme applies under paragraph (2) are to be treated for the purposes of the Scheme and these Regulations as if they were liabilities of the health services provider which entered into the arrangement referred to in paragraph (2)(b).

(5) Qualifying liabilities of a sub-contractor are any liability in tort under the law of England and Wales which—

(a)the sub-contractor owes to a third party in respect of or consequent upon personal injury or loss as specified in paragraph (6); and

(b)is in consequence of the arrangement referred to in paragraph (2)(a).

(6) The personal injury or loss referred to in paragraph (5)(a) is personal injury or loss arising out of or in connection with any breach of a duty of care which—

(a)the sub-contractor owes to any person in connection with the diagnosis of any illness or the care or treatment of any patient; and

(b)is in consequence of any act or omission specified in paragraph (7).

(7) The act or omission referred to in paragraph (6)(b) is an act or omission to act in connection with the provision of relevant health services on the part of—

(a)the sub-contractor;

(b)a person employed or engaged by the sub-contractor; or

(c)an employee or agent of a person engaged by the sub-contractor.

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