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

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 (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.