(This note is not part of the Regulations)
These Regulations establish the Clinical Negligence and Other Risks Indemnity Scheme whereby NHS Trusts and certain other bodies providing services under the National Health Service (Scotland) Act 1978 (c. 29), who will be members of the Scheme, may make provision for meeting liabilities arising out of negligence in the carrying out of the bodies' functions (regulations 2, 3 and 4). The Scheme also provides for indemnity for financial losses arising during the course of the carrying out of the bodies' functions (regulation 4).
The Scheme will be administered by the Scottish Ministers and managed by a person or body appointed by the Scottish Ministers (regulation 5). The Regulations also provide for members of the Scheme to give information to Scottish Ministers and the manager of the Scheme (regulation 6). Regulation 7 provides for contributions to be made by members to the Scheme. Regulations 8 deals with the submission of claims by members and regulation 9 makes provision for payments to members in connection with claims in respect of liabilities and financial losses.