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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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2.—(1) In these Regulations—

“the 1996 Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 1996(1);

“the 2006 Act” means the National Health Service Act 2006;

“the 2012 Act” means the Health and Social Care Act 2012(2);

“the appointed day” means the date on which these Regulations come into force;

“a CCG” means a clinical commissioning group;

“eligible body” means a body specified in sub-paragraphs (a) to (l) of regulation 4(1);

“insolvency” has the meaning given in section 247(1) of the Insolvency Act 1986 (meaning of “insolvency” and “go into liquidation”)(3);

“membership year”, in respect of any eligible body, means any 12 month period starting on 1st April during which the body is a member of the Scheme;

“relevant function” means—

(a)

arranging for the provision of services for the purposes of the health service(4);

(b)

providing services for the purposes of the health service;

(c)

exercising functions in relation to the health service;

(d)

exercising powers under, or by virtue of, section 7 of the Health and Medicines Act 1988(5);

(e)

exercising powers under section 13W, 14Z5, 43(3) or 44 of, or paragraphs 19 and 20 of Schedule 4 to, the 2006 Act(6);

(f)

exercising powers under section 243 or 270 of the 2012 Act; or

(g)

exercising powers by virtue of section 240(1)(a) or (b) of the 2012 Act;

“relevant health services”—

(a)

means health services provided in England for the purposes of the health service, but

(b)

does not include primary care services;

“the Scheme” means the scheme known as the Clinical Negligence Scheme for Trusts(7).

(2) In the definition of “relevant health services” in paragraph (1), the reference to “primary care services” is to health services provided under a contract, arrangement or agreement made under or by virtue of any of the following provisions of the 2006 Act—

(a)section 83(2) (primary medical services)(8);

(b)section 84(1) (general medical services contracts)(9);

(c)section 92 (arrangements by the Board for the provision primary medical services)(10);

(d)section 100(1) (general dental services contracts)(11);

(e)section 107(1) (arrangements by the Board for the provision of primary dental services)(12);

(f)section 115(4) (primary ophthalmic services)(13);

(g)section 117(1) (general ophthalmic services contracts)(14);

(h)section 126(1) (arrangements for pharmaceutical services)(15);

(i)section 127(1) (arrangements for additional pharmaceutical services)(16);

(j)section 134 (pilot schemes)(17);

(k)Schedule 12 (local pharmaceutical services schemes)(18).

(3)

1986 c.45. Section 247(1) was amended by paragraph 33(1) and (2) of Schedule 17 to the Enterprise Act 2002 (c. 40).

(4)

“The health service” is defined in section 275 of the National Health Service Act 2006.

(5)

1988 c. 49. Section 7 was amended by paragraph 34 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19); by section 5 of the Health and Social Care Act 2001 (c. 15); by section 37(2) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13); by paragraphs 115 and 116 of Schedule 1 and Schedule 4 to the National Health Service (Consequential Provisions) Act 2006 (c. 43); by paragraph 45 of Schedule 5 to the 2012 Act; and by S.I. 2009/1941.

(6)

Section 13W was inserted by section 23(1) of the 2012 Act. Section 14Z5 was inserted by section 26 of that Act. Section 43(3) was amended by section 164(2) of that Act. Section 44 was amended by section 165 of that Act. Schedule 4 is repealed by section 179(2) of that Act but, at the date of making these Regulations, no date had been appointed to bring that repeal into force.

(7)

The Clinical Negligence Scheme for Trusts (“the Scheme”) was established by the National Health Service (Clinical Negligence Scheme) Regulations 1996 (S.I.1996/251).

(8)

Section 83(2) was substituted by paragraph 30(1) and (2) of Schedule 4 to the 2012 Act.

(9)

Section 84(1) was amended by paragraph 31(1) and (2) of Schedule 4 to the 2012 Act.

(10)

Section 92 was amended by paragraph 36 of Schedule 4 to the 2012 Act.

(11)

Section 100(1) was amended by paragraph 43(1) and (2) of Schedule 4 to the 2012 Act.

(12)

Section 107(1) was substituted by paragraph 48(1) and (2) of Schedule 4 to the 2012 Act.

(13)

Section 115(4) was substituted by paragraph 54(1) and (4) of Schedule 4 to the 2012 Act.

(14)

Section 117(1) was amended by paragraph 55(1) and (2) of Schedule 4 to the 2012 Act.

(15)

Section 126(1) was amended by paragraph 63(1) and (2) of Schedule 4 to the 2012 Act.

(16)

Section 127(1) was amended by paragraph 64(1) to (3) of Schedule 4 to the 2012 Act.

(17)

Section 134 was amended by paragraphs 6 and 8 of Schedule 1 to the Health Act 2009 (c. 21) and by paragraph 71 of Schedule 4 to the 2012 Act.

(18)

Schedule 12 was amended by section 29(1) and (5) to (15) of, and Schedule 6 to, the Health Act 2009; by section 207(12) of, and paragraph 93 of Schedule 4 to, the 2012 Act; and by paragraph 52(1)(b) and (2) of Schedule 9 to the Crime and Courts Act 2013 (c. 22).

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