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The National Health Service (Clinical Negligence Scheme) Regulations 2015

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Liabilities of members

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8.—(1) Subject to paragraph (4), the Scheme applies to any liability in tort under the law of England and Wales which a member of the Scheme owes to a third party in respect of or consequent upon personal injury or loss as specified in paragraph (2).

(2) The personal injury or loss referred to in paragraph (1) is personal injury or loss arising out of or in connection with any breach of a duty of care which—

(a)the member 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 (3).

(3) The act or omission referred to in paragraph (2) is an act or omission to act on the part of—

(a)a person employed or engaged by the member in connection with any relevant function of the member; or

(b)an employee or agent of a person engaged by the member in connection with any such function.

(4) Where the member is a body falling within regulation 4(1)(l) (bodies providing relevant health services under certain arrangements to be eligible for membership), the Scheme only applies if the liability is in consequence of the arrangements described in regulation 4(2), (3) or (4) by means of which the body is eligible to be a member.

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