SCHEDULE 2Amendments to and revocations of other subordinate legislation

Amendment of the National Health Service (General Medical Services Contracts) Regulations 20041

In Schedule 6 (other contractual terms) to the National Health Service (General Medical Services Contracts) Regulations 200445—

a

in paragraph 122(1), for “hold adequate insurance against liability arising from negligent performance of clinical services under the contract”, substitute “have in force in relation to it an indemnity arrangement which provides appropriate cover”;

b

in paragraph 122(2),for “holds adequate insurance against liability arising from negligent performance of such services”, substitute “has in force in relation to it an indemnity arrangement which provides appropriate cover”;

c

in paragraph 122(3)(a), for ““insurance” means”, substitute ““indemnity arrangement” means”;

d

in paragraph 122(3), after paragraph (a) (but before the following “and”) insert—

aa

“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;

e

in paragraph 122(3)(b), for “holding insurance if it is held by”, substitute “having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to”; and

f

in paragraph 123, for “the insurance” substitute “an indemnity arrangement”.