The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000 (“the principal Regulations”) which established a scheme under which members of the scheme could make provision for meeting liabilities arising out of negligence in the carrying out of functions and for indemnity for other financial loss.

Regulation 2(2) amends regulation 1(2) of the principal Regulations to insert a definition of “following year” and to omit the definition of “preceding year”.

Regulation 2(3)(a)(i) and (b) amends regulation 7 of the principal Regulations to provide that instead of members' contributions being payable on the basis of estimated liability in advance of any membership year, they will be paid in arrears after the expiry of the membership year on the basis of the claims actually paid during that membership year.

Regulation 2(3)(a)(ii) omits paragraph (2)(d) of regulation 7, with the result that Scottish Ministers will no longer consider in determining the payment to be made by a member, their assessment of the effectiveness of the steps taken by the member to reduce the incidence of qualifying liabilities and financial losses, and any other factors which they consider to be material.

Regulation 2(3)(c) makes consequential amendments to paragraph (4) of regulation 7.

Regulation 2(4) omits paragraph (2)(a) of regulation 9 of the principal Regulations which requires that members intimate a claim to the Scottish Ministers or the managers of the scheme within 2 months of the date the claim is paid.