2002 No. 1073
NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred by section 126(4) of the National Health Service Act 19771, and section 21 of the National Health Service and Community Care Act 19902 and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:

Citation, commencement, interpretation and extent1.

(1)

These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002, and shall come into force on 6th May 2002.

(2)

In these Regulations “the principal Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 19963.

(3)

These Regulations extend to England only4.

Amendment of regulation 1 of the principal Regulations2.

In regulation 1(2) of the principal Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13, 14 or 155.”.

Amendment of regulation 3 of the principal Regulations3.

Regulation 3(1) of the principal Regulations6 (eligible bodies) is amended as follows:—

(a)

at the end of sub-paragraph (c) omit the word “or”, and

(b)

at the end of sub-paragraph (d) add—

“, or

(e)

the Public Health Laboratory Service Board7.”.

Amendment of regulation 4 of the principal Regulations4.

In regulation 4 of the principal Regulations (liabilities to which the Scheme applies) insert “(1)” at the beginning and at the end add the following paragraph—

“(2)

The reference in paragraph (1) to any act or omission to act on the part of a person engaged by a member includes any act or omission to act on the part of an employee or agent of the person so engaged.”.

Signed by authority of the Secretary of State for Health

Hazel Blears
Parliamentary Under Secretary of State
Department of Health
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Clinical Negligence Scheme) Regulations 1996 which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions.

Regulation 3 provides for the Public Health Laboratory Service Board to be eligible to participate in the Scheme.

Regulation 2 amends the definition of “relevant function” to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 4 provides that the liabilities to which the Scheme applies includes those in consequence of any act or omission to act on the part of any employee or agent of a person engaged by a member in connection with any relevant function of that member.