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

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Liabilities of Eligible Bodies

Liabilities of eligible bodies to which the Scheme applies

5.—(1) The Scheme applies to any liability in tort owed by an eligible body to a third party in respect of, or consequent upon, personal injury or loss where—

(a)the personal injury or loss falls within paragraph (2), and

(b)the liability is owed in consequence of an act or omission on the part of any person employed or engaged by the eligible body in connection with any relevant function of that body.

(2) Personal injury or loss falls within this paragraph if it arises out of or in connection with a breach before 1st April 1995 of a duty of care owed by the eligible body to any person in connection with the diagnosis of any illness, or the care or treatment of any patient.

(3) Where the liability meets the criteria in—

(a)paragraph (1); and

(b)regulation 9(1) of the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018(1),

the Secretary of State must determine whether the Scheme or the scheme provided for in the regulations referred to in sub-paragraph (b) is to apply.

(4) In paragraphs (1)(b) and (2) a reference to an eligible body includes a reference to a body the liabilities of which have been transferred to an eligible body as mentioned in regulation 4(b)(ii).

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