The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022

Amendment of the National Health Service (Clinical Negligence Scheme) Regulations 2015

215.—(1) The National Health Service (Clinical Negligence Scheme) Regulations 2015(1) are amended as follows.

(2) In regulation 5, after paragraph (1) insert—

“(1A) 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)).”.

(3) After regulation 23 insert—

“Provision that is consequential on the Health and Care Act 2022: liabilities transferred to integrated care boards and NHS England

24.— (1) A claim for a liability of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board.

(2) A liability of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board.

(3) A claim for a liability of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England.

(4) A liability of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England.

(5) A liability of Monitor which—

(a) arose before 1st July 2022, and

(b) is a liability of the kind which may be claimed by a member under the Scheme,

may be claimed on or after that date by NHS England.

(6) In this Regulation—

“a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act;

“claim” means a claim under the Scheme;

“liability” means a liability to which the Scheme applies;

“Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012(2);

“NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012(3);

“relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.”.

(1)

S.I. 2015/559.

(2)

2012 c. 7.

(3)

S.I. 2012/901.