The Vaccine Damage Payments (Specified Disease) Order 2016

Statutory Instruments

2016 No. 454

Public Health

The Vaccine Damage Payments (Specified Disease) Order 2016

Made

24th March 2016

Laid before Parliament

1st April 2016

Coming into force

29th April 2016

The Secretary of State for Health, in exercise of the powers conferred by sections 1(2)(i) and 2(2) of the Vaccine Damage Payments Act 1979(1), makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 2016 and comes into force on 29th April 2016.

(2) In this Order, “the Act” means the Vaccine Damage Payments Act 1979.

Additions to the list of diseases to which the Act applies

2.  The following are specified as diseases to which the Act applies—

(a) Meningococcal Group W; and

(b) Meningococcal Group B.

Modification of conditions of entitlement

3.  The conditions of entitlement in section 2(1) of the Act have effect subject to the following modifications—

(a) in relation to vaccination against Meningococcal Group W, in sub-paragraph (ii) of section 2(1)(a), for “5th July 1948” substitute “1st August 2015”;

(b) in relation to vaccination against Meningococcal Group B, in sub-paragraph (ii) of section 2(1)(a), for “5th July 1948” substitute “1st September 2015”;

(c) in relation to vaccination against Meningococcal Group W, in paragraph (b) of section 2(1), for “eighteen” substitute “twenty-six”.

Signed by authority of the Secretary of State for Health.

Jane Ellison

Parliamentary Under-Secretary of State,

Department of Health

24th March 2016

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order adds Meningococcal Group W and Meningococcal Group B to the list of diseases to which the Vaccine Damage Payments Act 1979 applies.

Article 3 modifies the condition of entitlement in section 2(1)(a)(ii) of that Act, which provides that the vaccination in question must have been carried out on or after 5th July 1948. The effect of Article 3 is that in relation to vaccination against Meningococcal Group W, the vaccination must have been carried out on or after 1st August 2015, and in relation to vaccination against Meningococcal Group B, the vaccination must have been carried out on or after 1st September 2015.

Article 3 also modifies the conditions of entitlement in section 2(1)(b) of that Act so that in relation to vaccination against Meningococcal Group W, it is a condition of entitlement that the vaccinated person was aged under 26 at the time the vaccination was given, or that the vaccination was given during an outbreak in the United Kingdom or the Isle of Man.

A full impact assessment has not been prepared for this Order as it has no impact on the private or voluntary sectors.

(1)

1979 c.17.