PART 2
The Scheme
Liabilities to Third Parties SchemeI13
1
The Liabilities to Third Parties Scheme (“the Scheme”)6 established under the 1999 Regulations shall continue to exist in accordance with, and as if it had been established under, these Regulations.
2
An eligible body may participate in the Scheme only if it is a member of the Scheme.
3
The Secretary of State is to continue to administer the Scheme.
Eligible BodiesI24
1
The bodies which are eligible to be members of the Scheme are—
a
F7NHS England,
b
F2an integrated care board,
c
an NHS Trust,
d
a Special Health Authority,
e
NICE8,
F3f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
an NHS foundation trust,
i
the Care Quality Commission,
j
the Health Research Authority, F5...
k
a company formed under section 223 of the 2006 Act and wholly owned by the Secretary of StateF6, and
l
the Commissioner for Patient Safety
Membership of the SchemeI35
F1A1
Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).
1
Any eligible body may apply to the Secretary of State to become a member of the Scheme.
2
An application under paragraph (1) must—
a
be in writing;
b
be made in such form and submitted in such manner as the Secretary of State may require;
c
specify a date on which the eligible body proposes that its membership should start; and
d
if required by the Secretary of State, contain, or be accompanied by the information specified in paragraph (4).
3
At any time before determining an application, the Secretary of State may in writing require the applicant to provide such further information as the Secretary of State considers necessary for the purposes of that determination.
4
Information that may be required under paragraph (2) is—
a
the nature of the applicant’s relevant functions;
b
the number of employees of the applicant who are engaged in the performance by the applicant of any relevant function specified by the Secretary of State, or any part of such a function;
c
the qualifications and experience of such employees; and
d
the details of any claim made against the applicant in respect of any qualifying liability arising from loss, damage or injury sustained by third parties as a result of the exercise by the applicant of any relevant function.
5
The Secretary of State must—
a
within six weeks of receiving an application made in accordance with requirements under paragraph (1), determine whether or not to grant it; and
b
as soon as reasonably practicable, inform the applicant of the determination by a notice in writing which, if the application is granted, must specify the date on which the applicant’s membership is to start.
6
In determining whether to grant an application, the Secretary of State must have regard to—
a
the information provided by the applicant; and
b
such other factors as the Secretary of State considers relevant.
7
Where an eligible body’s application is granted, the body’s membership of the Scheme starts on the date specified in the notice under paragraph (5)(b).
Cancellation of membership by a memberI46
1
This regulation applies only in relation to a member which has been a member of the Scheme for at least three consecutive membership years.
2
The member may cancel its membership of the Scheme by giving the Secretary of State notice in writing of the cancellation.
3
Where a notice under paragraph (2)—
a
is given before 1st September in a membership year, the notice takes effect at the end of that membership year;
b
is given on or after 1st September in a membership year, the notice takes effect at the end of the following membership year.
Cancellation of membership by the Secretary of StateI57
1
The Secretary of State may cancel a member’s membership of the Scheme where any of paragraphs (2) to (4) apply.
2
This paragraph applies where the member is liable to make a payment to the Secretary of State under regulation 11 (duty of members to make contributions to the Scheme) and that payment remains unpaid for a period of 28 days or more which starts on the date on which the payment becomes due.
3
This paragraph applies where the member has failed to provide any information required under regulation 18 (duty of members to provide information)—
a
before the end of the period of 28 days which starts on the date on which the Secretary of State requests the information; or
b
if the Secretary of State in writing allows a further period for providing such information, before the end of that further period.
4
This paragraph applies where the Secretary of State considers that it would be detrimental to the efficient administration of the Scheme or the interests of other members for the member to remain a member of the Scheme.
5
Where the Secretary of State cancels a member’s membership under paragraph (1) the Secretary of State must inform the member by notice in writing that its membership of the Scheme is to cease with effect from a date specified in the notice and that date must not be earlier than the 28th day after the day on which the notice is sent.
6
The Secretary of State may determine not to cancel the membership by giving the member a further notice in writing to that effect.
7
A notice given under paragraph (6) must be given before the date on which membership was to cease as specified in the notice given under paragraph (5).
Automatic termination of membershipI68
Where a member ceases to be an eligible body, its membership ceases immediately.