The National Health Service (Existing Liabilities Scheme) (England) Regulations 2018

The Scheme

Existing Liabilities Scheme

3.—(1) The Existing Liabilities Scheme (“the Scheme”)(1) established under the 1996 Regulations shall continue to exist in accordance with, and as if it had been established under, these Regulations.

(2) The Secretary of State is to continue to administer the Scheme.

Eligible Bodies

4.  A body is an eligible body if—

(a)the body is—

(i)an NHS Trust,

(ii)an NHS foundation trust, or

(iii)a Special Health Authority; and

(b)the body has—

(i)before 1st April 1995 exercised any relevant function; or

(ii)had transferred to it the liabilities of any other body which exercised any relevant function before that date.

(1)

The 1996 Regulations 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 re-enacted by section 71 of the National Health Service Act 2006. By virtue of paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, anything done under a provision repealed by the NHS Act 2006 continues to have effect as if done under any re-enactment of the repealed provision. 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.