Coronavirus Act 2020

12 Indemnity for health service activity: Scotland

(1) The Scottish Ministers may—

(a) indemnify a person in respect of a qualifying liability incurred by the person, or

(b) make arrangements for a person to be indemnified, in respect of a qualifying liability incurred by the person, by an authorised person.

(2) References in this section to a qualifying liability are to a liability in delict, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.

(3) “Relevant service” means a service which is provided by a person as part of the health service and which—

(a) relates to—

(i) caring for or treating a person who has, or is suspected of having, coronavirus disease, whether or not in respect of that disease,

(ii) caring for or treating a person (other than a person within sub-paragraph (i)) who has been, or is suspected of being, infected or contaminated, in respect of that infection or contamination or suspected infection or contamination, or

(iii) diagnosing or determining whether a person has been infected or contaminated,

(b) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service (other than one within paragraph (a)) as part of the health service being unable to do so in consequence of providing a service within paragraph (a), or

(c) relates to diagnosis, care or treatment and is provided in consequence of another person who usually provides such a service as part of the health service being unable to do so because of a reason relating to coronavirus.

(4) In a case within subsection (1)(a), any question relating to—

(a) whether a person has incurred a qualifying liability, or

(b) the amount of any payment by virtue of subsection (1),

is to be determined by the Scottish Ministers.

(5) In a case within subsection (1)(b)—

(a) any question relating to whether a person has incurred a qualifying liability is to be determined by the authorised person;

(b) any question relating to the amount of any payment by virtue of subsection (1) is to be determined by the authorised person in accordance with the arrangements.

(6) Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.

(7) In this section—

• “authorised person” means a person authorised by the Scottish Ministers;

• “the health service” means the health service continued under section 1(1) of the National Health Service (Scotland) Act 1978.