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Part IIInjury Benefits

Persons to whom these Regulations apply

3.—(1) Subject to paragraph (3), and regulation 17, these Regulations shall apply to any person who while he—

(a)is in the paid employment of an employing authority;

(b)is a practitioner;

(c)holds an appointment with an employing authority the terms of which declare it to be honorary;

(d)holds an appointment as a member of such body constituted under the 1972 Order as the Department may approve;

(e)is a provider of piloted services other than a person to whom paragraph (2) applies;

(f)is a registered medical practitioner who is a medical scheme employee and whose employment as such requires the consent of a Health and Social Services Board with which the person providing piloted services has agreed to provide piloted services;

(g)is a registered dentist who is a dental pilot scheme employee;

(h)is a registered dentist who is engaged under a contract for services by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme;

(i)is a dental therapist who is a dental pilot scheme employee; or

(j)is a dental hygienist who—

(i)is employed as a dental pilot scheme employee otherwise than by a HSS Trust; and

(ii)was, immediately before the commencement of such employment, a member of the Scheme, to whom these Regulations applied.

(hereinafter referred to in this regulation as “his employment”), sustains an injury, or contracts a disease, to which paragraph (3) applies.

(2) This paragraph applies to a provider of personal dental services under a pilot scheme who is neither a registered dentist or a dental therapist, and—

(a)who—

(i)immediately prior to the commencement of the pilot scheme, was a HSS dental employee, and

(ii)was not at that time a member of the Scheme; or

(b)to whom these Regulations did not apply immediately prior to the commencement of the pilot scheme.

(3) This paragraph applies to an injury which is sustained and to a disease which is contracted in the course of the person’s employment and which is wholly or mainly attributable to his employment and also to any other injury sustained and, similarly, to any other disease contracted if—

(a)it is wholly or mainly attributable to the duties of his employment;

(b)it is sustained while, as a volunteer at an accident or emergency, he is providing health services which his professional training and code of conduct would require him to volunteer; or

(c)it is sustained while he is travelling as a passenger in a vehicle to or from his place of employment with the permission of the employing authority and if in addition—

(i)he was under no obligation to the employing authority to travel in the vehicle but, if he had been, the injury would have been sustained in the course of, and have been wholly or mainly attributed to, his employment, and

(ii)at the time of the injury the vehicle was being operated, otherwise than in the ordinary course of a public transport service, by or on behalf of the employing authority or by some other person by whom it was provided in pursuance of arrangements made with the authority.

(4) These Regulations shall not apply to any person in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct.