Insurance: negligent performanceE+W
79.—(1) The contractor will at all times [F1have in force in relation to it an indemnity arrangement which provides appropriate cover].
(2) The contractor will not sub-contract its obligations to provide clinical services under the agreement unless it has satisfied itself that the sub-contractor [F2has in force in relation to the sub-contractor an indemnity arrangement which provides appropriate cover]
(3) In this paragraph—
(a)[F3indemnity arrangement” means ] a contract of insurance or other arrangement made for the purpose of indemnifying the contractor;
[F4(aa)“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the agreement, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;] and
(b)a contractor or sub-contractor will be regarded as [F5having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to ] an employee of its in connection with clinical services which that employee provides under the agreement or, as the case may be, sub-contract.
Textual Amendments
F1Words in Sch. 3 para. 79(1) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 2 para. 11(a)
F2Words in Sch. 3 para. 79(2) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 2 para. 11(b)
F3Words in Sch. 3 para. 79(3)(a) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 2 para. 11(c)
F4Sch. 3 para. 79(3)(aa) inserted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 2 para. 11(d)
F5Words in Sch. 3 para. 79(3)(b) substituted (17.7.2014) by The Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887), art. 1(2), Sch. 2 para. 11(e)
Commencement Information
I1Sch. 3 para. 79 in force at 1.3.2006, see reg. 1(1)