Liabilities to Third Parties Scheme
3.—(1) The Liabilities to Third Parties Scheme (“the Scheme”)(1) established under the 1999 Regulations shall continue to exist in accordance with, and as if it had been established under, these Regulations.
(2) An eligible body may participate in the Scheme only if it is a member of the Scheme.
(3) The Secretary of State is to continue to administer the Scheme.
The 1999 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1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, anything done under a provision repealed by the NHS Act 2006 continues to have effect as if done under any re-enactment of the repealed provision.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.