This Statutory Instrument has been made in consequence of defects in S.S.I. 2000/54 and is being issued free of charge to all known recipients of that Statutory Instrument.

2000 No. 168

NATIONAL HEALTH SERVICE

The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2000

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred upon them by sections 2(5), 85B, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2000 and shall come into force on 27th June 2000.

2

In these Regulations, “the principal Regulations” means the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 20002.

Amendment of regulation 1 of the principal Regulations2

1

Regulation 1 of the principal Regulations is amended as follows.

2

In paragraph (2) (interpretation) for the definition of “Special Health Boards” there is substituted the following–

  • “Special Health Boards” means any body established as a Special Health Board by order under the Act.

Amendment of regulation 3 of the principal Regulations3

1

Regulation 3 (members of the Scheme) of the principal Regulations is amended as follows.

2

At the end of paragraph (c) there is added the word “and”.

3

Paragraphs (e) and (f) are deleted.

Amendment of regulation 4 of the principal Regulations4

1

Regulation 4 (liabilities to which the Scheme applies) of the principal Regulations is amended as follows.

2

In the heading after the word “Liabilities” there is inserted “and financial losses”.

3

For paragraph (1) there is substituted–

1

The Scheme applies to the liabilities and financial losses described in the following provisions of this regulation.

4

In sub-paragraph (3)(b) at the beginning there is inserted “on or”.

5

In paragraph (4) after the words “at any time” there is inserted “on or”.

Amendment of regulation 7 of the principal Regulations5

1

Regulation 7 (contributions to the scheme) of the principal Regulations is amended as follows.

2

In paragraph (4) after the words “which begins after” there is inserted “the membership year beginning”.

SUSAN C DEACONA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(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 (S.S.I. 2000/54) (“the principal Regulations”) to correct a number of defects in those Regulations.

Regulation 2 amends the principal Regulations to substitute a new definition of “Special Health Board”. In terms of the new definition, as read with regulation 3(c) of the principal Regulations, any body which is established as a Special Health Board will be a member of the Clinical Negligence and Other Risks Indemnity Scheme (“the scheme”).

Regulation 3 amends regulation 3 of the principal Regulations to delete the references to the Mental Welfare Commission for Scotland and the Scottish Council for Postgraduate Medical and Dental Education. The Mental Welfare Commission is not included in the list of bodies in section 85B(2) of the National Health Service (Scotland) Act 1978 (c. 29) that may be members of the scheme. The Scottish Council for Postgraduate Medical and Dental Education is a Special Health Board, and therefore specific reference to it is unnecessary as it is a member of the scheme by virtue of regulation 3(c) of the principal Regulations.

Regulation 4 amends regulation 4 of the principal Regulations to make clear that the scheme applies to the liabilities and financial losses described in regulation 4 of the principal Regulations. It also provides that the scheme applies to certain liabilities and financial losses occurring on 1st April 2000.

Regulation 5 amends regulation 7 of the principal Regulations to make clear that it relates to any membership year which begins after the membership year beginning 1st April 2000.