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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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16.—(1) Except to such extent as the Secretary of State may determine, the following are excluded from the Scheme—

(a)any liability admitted by a member without first obtaining the Secretary of State’s written consent;

(b)any liability determined by a Court in proceedings which are conducted by a member otherwise than in consultation with the Secretary of State;

(c)any payment falling to be made by a member where the member has not complied with any condition imposed by the Secretary of State relating to a claim;

(d)any payment falling to be made by a member where, without first obtaining the Secretary of State’s written consent, the member agrees—

(i)to be bound by the determination of any person or body as to the making of a payment by that member in respect of a liability; or

(ii)to make any other payment in respect of the liability otherwise than in the course of legal proceedings or in consequence of a settlement of legal proceedings agreed to by the member;

(e)any liability that is of an amount less than the amount which is for the time being agreed between a member and the Secretary of State as being the minimum amount of any liability in respect of which a payment is to be made under the Scheme.

(2) In paragraph (1), references to “member” include a former member of the Scheme—

(a)in respect of which the requirements of regulation 14(5)(c) and (d) are met (agreement that Scheme to cover existing claim not met before membership ceases); or

(b)to which regulation 15 applies (liabilities of former members).

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