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

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Miscellaneous

Duty of eligible bodies to provide information

9.—(1) In this regulation “specified” means specified by the Secretary of State in a notice under paragraph (2).

(2) The Secretary of State may by notice in writing require an eligible body to provide the Secretary of State with specified information.

(3) Specified information includes—

(a)the nature of any relevant function carried on, during the period falling before 1st April 1995 by the eligible body or by any body the liabilities of which have been transferred to the eligible body as referred to in regulation 4(b)(ii);

(b)any event of which the eligible body is aware which it considers might give rise to a liability to which the Scheme applies.

(4) The eligible body must comply with a notice under paragraph (2) and must—

(a)provide the information within 28 days of receiving the notice or within such further period as the Secretary of State may in writing allow;

(b)provide the information in the form specified (if any); and

(c)submit the information in the manner specified (if any).

Directions and guidance

10.—(1) The Secretary of State must make the following information available to eligible bodies in such form and at such times as the Secretary of State considers appropriate—

(a)any directions which the Secretary of State gives to a relevant body with respect to the exercise by that body of its functions in connection with administering the Scheme; and

(b)any guidance which the Secretary of State gives to a relevant body as to the manner in which the Scheme is to be administered.

(2) “Relevant body” means a body directed by the Secretary of State under any enactment to carry out functions in connection with the administration of the Scheme.

Revocations and savings

11.—(1) Subject to paragraph (2), 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) Where a claim under the Scheme 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 1996 Regulations and for these purposes those Regulations are to continue to apply.

Transitional provision

12.—(1) Where a period of time specified in the 1996 Regulations is current on the appointed day, and a period of time is also specified in a corresponding provision of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when the period began to run.

(2) Except as stated in regulation 11(2)—

(a)anything done, if effective immediately before the appointed day, has effect after the appointed day as if done under or for the purposes of the corresponding provision of these Regulations; and

(b)any matter that is ongoing under or for the purposes of the 1996 Regulations immediately before the appointed day is to be treated as ongoing under these Regulations.

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