Search Legislation

Coronavirus Act 2020

Status:

This is the original version (as it was originally enacted).

Health service indemnification

11Indemnity for health service activity: England and Wales

(1)The appropriate authority may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the appropriate authority.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

  • “the appropriate authority” means—

    (a)

    in relation to a relevant service provided as part of the English health service, the Secretary of State;

    (b)

    in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers;

  • “authorised person” means a person authorised by the appropriate authority;

  • “the health service” means the English health service or the Welsh health service;

  • “the English health service” means the health service continued under section 1(1) of the National Health Service Act 2006;

  • “the Welsh health service” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.

12Indemnity for health service activity: Scotland

(1)The Scottish Ministers may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the health service and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Scottish Ministers.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

  • “authorised person” means a person authorised by the Scottish Ministers;

  • “the health service” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978.

13Indemnity for health and social care activity: Northern Ireland

(1)The Department of Health may—

(a)indemnify a person in respect of a qualifying liability incurred by the person, or

(b)make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2)References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3)“Relevant service” means a service which is provided by a person as part of the system of health and social care and which—

(a)relates to—

(i)caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii)caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii)diagnosing or determining whether a person has been infected or contaminated,

(b)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the system of health and social care being unable to do so in consequence of providing a service within paragraph (a), or

(c)relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the system of health and social care being unable to do so because of a reason relating to coronavirus.

(4)In a case within subsection (1)(a), any question relating to—

(a)whether a person has incurred a qualifying liability, or

(b)the amount of any payment by virtue of subsection (1),

is to be determined by the Department of Health.

(5)In a case within subsection (1)(b)

(a)any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b)any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6)Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7)In this section—

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources