Liabilities to which the Scheme applies and exclusionsI15
1
The Scheme applies to any liability in tort under the law of England and Wales that arises as a consequence of a breach of a duty of care owed by an eligible person to a third party in connection with a relevant function where—
a
an act, or an omission to act, on the part of the eligible person, or any other person specified in paragraph (2), results in personal injury or loss to the third party;
b
the act, or omission to act, is in connection with the diagnosis of an illness or the provision of care or treatment to the third party; and
c
the act, or omission to act, occurs on or after 1st April 2019.
2
The persons specified for the purposes of paragraph 5(1)(a) are—
a
an employee of the eligible person; or
b
any other individual who is otherwise engaged, or permitted, by the eligible person to carry out an activity connected to a relevant function.
3
Where a liability of an eligible person is a liability to which both paragraph (1) and regulation 8(1) (liabilities to members) of the National Health Service (Clinical Negligence Scheme) Regulations 20157 (“CNST Regulations”) apply, the Secretary of State must determine whether the liability is to be met under this Scheme or the scheme under the CNST Regulations.