The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018

Miscellaneous E+W

Duty of members to provide information E+W

18.—(1) In this regulation “specified” means specified by the Secretary of State in a notice under paragraph (2).

(2) The Secretary of State may by notice in writing require a member to provide the Secretary of State with specified information.

(3) Specified information includes—

(a) the nature of any relevant function carried on, or to be carried on, by the member in a specified membership year;

(b) the number of the member’s employees who are engaged in the member’s performance of a specified relevant function or in a specified part of any such function;

(c) the qualifications and experience of those employees; and

(d) any event of which the member is aware which it considers might give rise to a liability to which the Scheme applies.

(4) The member must comply with a notice under paragraph (2) and must—

(a) provide the information within 28 days of receiving the notice or within such further period as the Secretary of State may in writing allow;

(b) provide the information in any specified form; and

(c) submit the information in any specified manner.

Commencement Information

I1 Reg. 18 in force at 1.8.2018, see reg. 1(2)

Directions and guidance E+W

19.—(1) The Secretary of State must make the following information available to eligible bodies in such form and at such times as the Secretary of State considers appropriate—

(a) any directions which the Secretary of State gives to a relevant body with respect to the exercise by that body of its functions in connection with administering the Scheme; and

(b) any guidance which the Secretary of State gives to a relevant body as to the manner in which the Scheme is to be administered.

(2) “Relevant body” means a body directed by the Secretary of State under any enactment to carry out functions in connection with the administration of the Scheme.

Commencement Information

I2 Reg. 19 in force at 1.8.2018, see reg. 1(2)

Revocations and savings E+W

20.—(1) Subject to paragraph (2), the instruments specified in the first column of the Table set out in the Schedule are, in relation to England only, revoked.

(2) Where a claim under the Scheme is made before the appointed day—

(a) any determination as to whether the Scheme applies to the liability; and

(b) any determination as to whether to make a payment in respect of the liability (and the amount of any such payment),

is to be made in accordance with the relevant provisions of the 1999 Regulations as if those Regulations remained in force.

Commencement Information

I3 Reg. 20 in force at 1.8.2018, see reg. 1(2)

Transitional provision E+W

21.—(1) An eligible body which, immediately before the appointed day, was a member of the Scheme is to continue to be a member of the Scheme (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)(1)).

(2) Any application for membership of the Scheme which—

(a) has been made under regulation 6 of the 1999 Regulations (membership of the Scheme) before the appointed day; and

(b) has not been determined before the appointed day,

is to be dealt with as if the application had been made under regulation 5 of these Regulations (membership of the Scheme).

(3) For the purposes of regulation 9(1) loss, damage or injury which occurred on or after 1st April 1999 and before 1st May 2014 and which—

(a) before 1st May 2014 was not loss, damage or injury arising out of the carrying out of any relevant function of that member; but

(b) would have been loss, damage or injury arising out of the carrying out of any relevant function of that member, had the change to the definition of “relevant function” in regulation 1(2) of the 1999 Regulations that was made on 1st May 2014 been made before the loss, damage or injury occurred,

is loss, damage or injury arising out of the carrying out of any relevant function of that member.

(4) Any amount payable by a member of the Scheme under regulation 8 of the 1999 Regulations (members’ contributions to the Scheme) which has not been paid before the appointed day is to be treated as payable under regulation 11 of these Regulations (duty of members to make contributions to the Scheme).

(5) Where a period of time specified in the 1999 Regulations is current on the appointed day, and a period of time is also specified in a corresponding provision of these Regulations, these Regulations have effect as if the corresponding provision of these Regulations had been in force when the period began to run.

(6) Except as stated in regulation 20(2)—

(a) anything done, if effective immediately before the appointed day, has effect after the appointed day as if done under or for the purposes of the corresponding provision of these Regulations; and

(b) any matter that is ongoing under or for the purposes of the 1999 Regulations immediately before the appointed day is to be treated as ongoing under these Regulations.

Commencement Information

I4 Reg. 21 in force at 1.8.2018, see reg. 1(2)

[F1 Provision that is consequential on the Health and Care Act 2022: liabilities transferred to integrated care boards and NHS England E+W

22.— (1) A claim for a liability of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board.

(2) A liability of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board.

(3) A claim for a liability of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England.

(4) A liability of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England.

(5) A liability of Monitor which—

(a) arose before 1st July 2022, and

(b) is a liability of the kind which may be claimed by a member under the Scheme,

may be claimed on or after that date by NHS England.

(6) In this Regulation—

“a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act;

“claim” means a claim under the Scheme;

“liability” means a liability to which the Scheme applies;

“Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012;

“NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012;

“relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.]

Textual Amendments

F1 Reg. 22 inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 218(3)

(1)

By virtue of regulation 21(4) of these Regulations, a notice given under regulation 7 of the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999 (termination of membership) has effect as if given under the corresponding provisions of these Regulations in any case where membership of the Scheme has not ceased by the date on which these Regulations come into force.