8. In Schedule 3 (other contractual terms) to the National Health Service (General Dental Services Contracts) 2005 M1—
(a)in paragraph 81(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 81(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 81(3)(a), for “ “insurance” means”, substitute “ “indemnity arrangement” means ”;
(d)in paragraph 81(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 81(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 82(1), for “the insurance”, substitute “ an indemnity arrangement ”;
(g)in paragraph 82(2), for “insurance”, substitute “ indemnity arrangement ”.
Marginal Citations