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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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Clinical Negligence Scheme for Trusts

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3.—(1) The Scheme is to continue to have effect as if it had been established under these Regulations(1).

(2) The purpose of the Scheme is to enable eligible bodies to make provision to meet liabilities to which the Scheme applies.

(3) An eligible body may participate in the Scheme only if it is a member of the Scheme.

(4) The Secretary of State will continue to administer the Scheme.

(1)

The Regulations establishing the Scheme (S.I. 1996/251) were made in exercise of powers conferred by section 126(4) of the National Health Service Act 1977 (c. 49) and powers conferred by section 21 of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”). Section 21 of the 1990 Act was consolidated as section 71 of the National Health Service 2006. By virtue of paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, anything done under a consolidated provision has effect as if it had been done under the corresponding provision of the consolidating Act. These Regulations are made in exercise of the powers conferred by sections 71 and 272(7) and (8) of the National Health Service Act 2006.

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