National Health Service Act 2006

Losses and liabilities of certain health service bodiesE+W

71Schemes for meeting losses and liabilities etc of certain health service bodiesE+W

(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies [F1or 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 [F1or other persons] concerned.

(2)The bodies [F2 and other persons ] referred to in subsection (1) are—

[F3(za)[F4NHS England],

[F5(zb)integrated care boards,]]

F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)NHS trusts,

(d)Special Health Authorities,

[F8(da)NICE,]

[F9(db)the Health and Social Care Information Centre,]

[F10(dc)Health Education England,]

(e)NHS foundation trusts,

(f)[F11the Care Quality Commission] , and

[F12(fa)the Health Research Authority;]

F13(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(ga)the Commissioner for Patient Safety,]

[F15(h)the Secretary of State,

[F16(ha)a company formed under section 223 and wholly or partly owned by the Secretary of State or [F4NHS England],

(hb)a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,] and

(i)a body or other person (other than a body or other person within any of [F17paragraphs (za) to (hb)] ) providing, or arranging the provision of, health services whose provision is the subject of arrangements with a body or other person within any of [F18paragraphs (za) to (h)] ,]

but a scheme under this section may limit the class or description of bodies which [F19, or other persons who, ] are eligible to participate in it.

[F20(2A)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;

[F21(ab)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 [F22paragraphs (za) to (h)] of that subsection.]

(3)A scheme under this section may, in particular—

(a)provide for the scheme to be administered by the Secretary of State [F23or [F4NHS England]] or by a F24... F25...NHS trust, Special Health Authority or NHS foundation trust specified in the scheme,

(b)require any body which [F26, 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 [F27 (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.

[F28(5)The Secretary of State may make a direction under subsection (4) in respect of a body only if the body is within any of paragraphs [F29(c), (d)] [F30and (f)] of subsection (2).]

(6)Where a scheme provides for the scheme to be administered by the Secretary of State, [F31[F4NHS England] or] a F32... F33... 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.

[F34(9)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. ]

Textual Amendments

F1Words in s. 71(1) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 142(2), 170(3)(4); S.I. 2008/2497, art. 5

F2Words in s. 71(2) inserted (1.10.2008) by Health and Social Care Act 2008 (c. 14), ss. 142(3)(a), 170(3)(4); S.I. 2008/2497, art. 5

F3S. 71(2)(za)(zb) inserted (1.10.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 18(2)(a); S.I. 2012/1831, art. 2(2)

F4Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)