Part 2Health service bodies
Chapter 6Miscellaneous
Losses and liabilities of certain health service bodies
71Schemes for meeting losses and liabilities etc of certain health service bodies
1
The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies F3or other persons specified in subsection (2) may make provision to meet—
a
expenses arising from any loss of or damage to their property, and
b
liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies F3or other persons concerned.
C12
The bodies F4 and other persons referred to in subsection (1) are—
F32zb
integrated care boards,
F22a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
NHS trusts,
d
Special Health Authorities,
F19da
NICE,
F33db
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34dc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
NHS foundation trusts,
f
F10the Care Quality Commission , and
F29fa
the Health Research Authority;
F35fb
the Health Services Safety Investigations Body,
F24g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30ga
the Commissioner for Patient Safety,
F6h
the Secretary of State,
F12ha
a company formed under section 223 and wholly or partly owned by the Secretary of State or F31NHS England,
hb
a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State, and
i
but a scheme under this section may limit the class or description of bodies which F5, or other persons who, are eligible to participate in it.
F12A
In subsection (1)(b) “functions”—
a
in relation to the Secretary of State, means the Secretary of State's functions in connection with the health service;
F13ab
in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body;
b
in relation to a body or other person within paragraph (i) of subsection (2), means the body's or person's functions of providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of F16paragraphs (za) to (h) of that subsection.
3
A scheme under this section may, in particular—
a
b
require any body which F7, or other person who, participates in the scheme to make payments in accordance with the scheme, and
c
provide for the making of payments for the purposes of the scheme by the Secretary of State F8 (whether or not a participator in the scheme and, if a participator, whether or not required to make payments as a participator) .
4
If the Secretary of State so directs, a body which is eligible to participate in a scheme must do so.
F95
6
Where a scheme provides for the scheme to be administered by the Secretary of State, F18F31NHS England or a F27... F28... NHS trust, Special Health Authority or NHS foundation trust must carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
7
Subsections (4) and (6) do not affect any other power of direction of the Secretary of State.
8
A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 (c. 8) as respects activities carried out under the scheme.
F29
In subsection (2)(i), the reference to a person providing health services does not include a person providing health services under a contract of employment.
10
In this section “ health services ” means services provided as part of the health service.