Part 3

Infected blood compensation

Infected blood compensation scheme
49
1
The Secretary of State or the Minister for the Cabinet Office must by regulations within three months of the passing of this Act establish a scheme (the “infected blood compensation scheme”) for making payments to eligible persons.
2
“Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.
3
The persons within this subsection are persons who—
a
have been infected as a result of being treated with blood, blood products or tissue,
b
have been infected as a result of another person being treated with blood, blood products or tissue, or
c
have been affected by another person being infected as described in paragraph (a) or (b).
4
The regulations may define an eligible person by reference to matters including (but not limited to)—
a
the kind of infection;
b
the duration or effect of an infection;
c
when the treatment occurred;
d
where the treatment was given;
e
who gave the treatment;
f
whether a person was treated with blood, blood products or tissue;
g
in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;
h
in the case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.
5
The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.