PART 1General

Citation, commencement and application1.

(1)

These Regulations may be cited as the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018.

(2)

These Regulations come into force on 1st August 2018.

(3)

These Regulations apply to England only.

Interpretation2.

In these Regulations—

“the 1999 Regulations” means the National Health Service (Liabilities to Third Parties Scheme) Regulations 19992;

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

“the 2012 Act” means the Health and Social Care Act 20123;

“the appointed day” means the day on which these Regulations come into force;

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

“membership year” means, in relation to an eligible body, any period of 12 months beginning on 1st April during any part of which that body is a member of the Scheme;

“qualifying liability” has the meaning given by regulation 9;

“relevant function” means—

(a)

arranging for the provision of, or providing services for the purposes of, or exercising functions in relation to, the health service continued under section 1(1) of the NHS Act 2006;

(b)

a power exercised by virtue of section 7 of the Health and Medicines Act 19884;

(c)

a power exercised under section 13W, 14Z5, 43(3) or 44 of, or paragraphs 19 or 20 of Schedule 4 to, the 2006 Act5;

(d)

a power exercised under section 243 or 270 of the 2012 Act;

(e)

a function conferred by regulations made under section 240(1)(a) or (b) of the 2012 Act.