The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2008

Amendment of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000

2.—(1) The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)–

(a) after the definition of “the Act” insert–

““following year” means, in relation to a membership year, the period of 12 months immediately following that membership year;”; and

(b) omit the definition of “preceding year”.

(3) In regulation 7 (contributions to the Scheme)–

(a) in paragraph (2)–

(i) for sub paragraph (a) substitute–

“(a) the total amount which, by virtue of regulation 9 (payments under the Scheme), was paid during that membership year in respect of all qualifying liabilities and financial losses under the Scheme;”; and

(ii) omit sub-paragraph (d);

(b) for paragraph (3) substitute–

(a) As respects the membership year 1st April 2007 to 31st March 2008, the Scottish Ministers may reconsider the determination of the amount of the contribution due from each member for that membership year, and may, at any time before 30th April 2008, re determine the amount of the payment to be made by that member under paragraph (1) and in that event, they shall give the member notice in writing of that re determined amount; and

(b) The Scottish Ministers shall give notice in writing of the contribution due from each member as respects the membership year 1st April 2008 to 31st March 2009, and any subsequent membership year, by no later than 30th April in the following year.”; and

(c) in paragraph (4)–

(i) omit “which begins after the membership year beginning 1st April 2000”;

(ii) in sub paragraph (b) for “him” substitute “them”; and

(iii) for “membership year to which it relates” substitute “following year”.

(4) In regulation 9 (payments under the Scheme) omit paragraph (2)(a).

(1)

S.S.I. 2000/54, amended by S.S.I. 2000/168 and 2002/239.