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The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018

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15.—(1) Except to such extent as the Secretary of State may determine, the following are excluded from the Scheme—

(a)any liability to which the Scheme applies in respect of which a member has made an admission of liability without first obtaining the Secretary of State’s written consent;

(b)any liability to which the Scheme applies in respect of which the liability of a member has been determined by a Court in proceedings conducted by a member otherwise than in consultation with the Secretary of State;

(c)any payment falling to be made by a member where the member has not complied with any condition imposed by the Secretary of State relating to a claim;

(d)any payment falling to be made by a member where, without first obtaining the Secretary of State’s written consent, the member agrees—

(i)to be bound by the determination of any person or body as to the making of a payment by that member in respect of a liability to which the Scheme applies; or

(ii)to make any other payment in respect of the liability otherwise than in the course of legal proceedings or in consequence of a settlement of legal proceedings agreed to by the member;

(e)any amount payable by a member, in respect of a liability to which the Scheme applies, that is less than the amount agreed by the member and the Secretary of State as being the minimum amount payable under the Scheme; and

(f)any amount payable by a member, in respect of a liability to which the Scheme applies, to the extent that the amount exceeds the amount agreed by the member and the Secretary of State as being the maximum amount payable under the Scheme.

(2) In paragraph (1), references to “member” include a former member of the Scheme—

(a)in respect of which the requirements of regulation 13(7)(c) and (d) are met (agreement that Scheme to cover existing claim not met before membership ceases); or

(b)to which regulation 14 applies (liabilities of former members).

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