The National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019

Interpretation

2.—(1) In these Regulations—

“2006 Act” means the National Health Service Act 2006;

“ancillary health services”, subject to paragraph (2)(a), means services, other than primary medical services, provided as part of the health service by—

(a)

a Part 4 contractor whose principal activity consists of the provision of primary medical services;

(b)

a primary medical services sub-contractor whose principal activity consists of the provision of primary medical services; or

(c)

a person (“P”) with whom a person specified in paragraph (a) or (b) has made arrangements for P to provide the ancillary health services;

“eligible person” means a person specified in regulation 4;

“health service” means the health service continued under section 1(1) of the 2006 Act;

“Part 4 contractor” means a person providing, or arranging for the provision of, primary medical services in accordance with a contractual arrangement made with that person under one of the specified sections in Part 4 of the 2006 Act;

“primary medical services” means the primary medical services that, pursuant to section 83 of the 2006 Act, the Board(1) is under a duty to secure and which are provided in accordance with a contractual arrangement or agreement (including any such contractual arrangement or agreement that is part of a set of arrangements for the provision of services, in addition to the primary medical services) that is—

(a)

made or entered into under one of the specified sections in Part 4 of the 2006 Act; or

(b)

made between a Part 4 contractor and a primary medical services sub-contractor;

“primary medical services sub-contractor” means a person providing primary medical services under a contractual arrangement made with a Part 4 contractor;

“relevant function” means—

(a)

making arrangements for the provision of primary medical services;

(b)

providing primary medical services;

(c)

making arrangements for the provision of ancillary health services;

(d)

providing ancillary health services;

(e)

carrying out an activity in connection with any of the activities in paragraphs (a) to (d);

“relevant liability” means a liability falling within regulation 5;

“Scheme” means the scheme established under regulation 3(1).

(2) In paragraph (1),—

(a) in the definition of “ancillary health services”, unless determined otherwise by the Secretary of State, a person specified in paragraphs (a) to (c) of that definition excludes a subsidiary company; and

(b) “specified sections in Part 4 of the 2006 Act” means the following sections of the 2006 Act—

(i) section 83(2)(2) (primary medical services);

(ii) section 84(1)(3) (general medical services contracts); and

(iii) section 92(1)(4) (arrangements by the Board for the provision of primary medical services).

(3) For the purposes of paragraph (2)(a)—

(a) “subsidiary” has the same meaning as in section 1159(1) of the Companies Act 2006(5); and

(b) “company” has the same meaning as in subsection (4) of that section.

(1)

The Board is defined in section 275(1) of the National Health Service Act 2006 (“2006 Act”) as the National Health Service Commissioning Board. It was established by section 1H of the 2006 Act which was inserted into the 2006 Act by section 9(1) of the Health and Social Care Act 2012 (c.7). The Board has re-branded itself as “NHS England”.

(2)

Sections 83(1), (2) and (2A) of the National Health Service Act 2006 were substituted for sections 83(1) and (2) as originally enacted by the Health and Social Care Act 2012 (c.7) section 55(1), Schedule 4, Part 4, paragraphs 30(1) and (2).

(3)

Section 84(1) was amended by the Health and Social Care Act 2012, section 55(1), Schedule 4, Part 4, paragraphs 31(1) and (2).

(4)

Section 92(1) was substituted by the Health and Social Care Act 2012, section 55(1), Schedule 4, Part 4, paragraphs 31(1) and (2).

(5)

2006 c. 46.