Part 3

Infected blood compensation

Duty to co-operate with the IBCA
54
1
Each relevant person must co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.
2
The relevant persons are—
a
the Secretary of State;
b
the Minister for the Cabinet Office;
c
a Special Health Authority established under section 28 of the National Health Service Act 2006;
d
the Welsh Ministers;
e
a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
f
a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
g
the Scottish Ministers;
h
a person who has at any time been appointed by the Scottish Ministers under subsection (4)(d) of section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;
i
the Department of Health in Northern Ireland;
j
the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));
k
any other persons specified as relevant persons in regulations made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this section.
3
Regulations under subsection (2)(k)—
a
may not specify a Welsh body as a relevant person unless the Welsh Ministers consent;
b
may not specify a Scottish body as a relevant person unless the Scottish Ministers consent;
c
may not specify a Northern Ireland body as a relevant person unless the Department of Health in Northern Ireland consents.
4
In subsection (3)—
- “Welsh body” means—
  1. a devolved Welsh authority as defined in section 157A of the Government of Wales Act 2006;
  2. a person providing services to a person within paragraph (a);
- “Scottish body” means—
  1. a person who is a part of the Scottish Administration;
  2. a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998);
  3. a person providing services to a person within paragraph (a) or (b);
- “Northern Ireland body” means—
  1. a Northern Ireland department;
  2. a public authority whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters (within the meaning of the Northern Ireland Act 1998);
  3. a person providing services to a person within paragraph (a) or (b).
S. 54 in force at Royal Assent, see s. 81(1)(a)