The Secretary of State for Health, in exercise of powers conferred on him by section 126(4) of the National Health Service Act 1977 1977 c. 49; section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”). 1990 c. 19. See, for the definition of “regulations”, section 128(1) of the 1977 Act, as amended by section 26(2)(i) of the 1990 Act. Section 21 of the 1990 Act was amended by paragraph 79 of Schedule 1 to the Health Authorities Act 1995 (c. 17).
These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 1999 and shall come into force on 26th May 1999.
In regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996 S.I. 1996/251, as amended by S.I. 1997/527.
in paragraph (1), for the words “pay to that member an amount” substitute the words “pay to or on behalf of that member an amount”;
Head (iia) was inserted by S.I. 1997/527, regulation 4(b). any payment which falls to be made by a member where the member has not complied with any condition imposed by the Secretary of State relating to the claim, any payment into court which the member has made without the prior consent in writing of the Secretary of State,
in paragraph (3)—
omit the words “to a member”;
in sub-paragraphs (a), (b)(iii), and (c), after the words “costs incurred by”, and in sub-paragraph (d) Sub-paragraph (d) was inserted by S.I. 1997/527, regulation 4(c).
in sub-paragraph (b)(i), after the word “paid”, insert the words “or payable”;
in sub-paragraph (e) Sub-paragraph (e) was inserted by S.I. 1997/527, regulation 4(c).
where the member has decided to make a payment into court, the amount of that payment;
Where, in any membership year, a payment (including a payment into court) falls to be made by a member in connection with a claim in respect of which a payment may become payable by the Secretary of State under regulation 9, the Secretary of State may make a payment on account of any amount which may become payable by him under that regulation. Such payment on account may be made to or on behalf of the member. Where the amount of any such payment on account exceeds the amount of any payment the Secretary of State subsequently determines to make under regulation 9 the excess shall be recoverable from the member.
Signed by authority of the Secretary of State for Health
These Regulations further amend the National Health Service (Clinical Negligence Scheme) Regulations 1996 which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions.
In particular they provide for the Secretary of State to make payments under the Scheme to third parties on behalf of members. They also make minor amendments relating to the matters the Secretary of State shall consider in determining payments under the Scheme and provide for additional circumstances where he may refuse to meet any liabilities. Provision is also made, by the insertion of a new regulation 9A, enabling the Secretary of State to make payments on account of any payment which may become payable by him under regulation 9.