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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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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.

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