The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2002

Scottish Statutory Instruments

2002 No. 239

NATIONAL HEALTH SERVICE

The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2002

Made

20th May 2002

Laid before the Scottish Parliament

22nd May 2002

Coming into force

14th June 2002

The Scottish Ministers, in exercise of the powers conferred by sections 2(5), 85B, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2002 and shall come into force on 14th June 2002.

Amendment of regulation 3 of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000

2.—(1) Regulation 3 of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000(2) is amended in accordance with the following paragraphs.

(2) At the end of paragraph (c) “and” is omitted.

(3) At the end of paragraph (d) there is added–

“and

(e) the Mental Welfare Commission for Scotland.”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St. Andrew’s House Edinburgh

20th May 2002

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 2000 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 amends regulation 3 of the 2000 Regulations in order to add the Mental Welfare Commission for Scotland as a member of the scheme.

(1)

1978 c. 29; section 85B was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 41 and was amended by the Health Act 1999 (c. 8), (“the 1999 Act”) Schedule 4, paragraph 56 and by the Community Care and Health (Scotland) Act 2002 (asp 5), section 21; section 105(7), which contains provisions relevant to the making of Regulations, was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and by the 1999 Act, Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2000/54, amended by S.S.I. 2000/168.