- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) Except to such extent as the Welsh Ministers may determine, the following are excluded from the Scheme—
(a)any liability admitted by a member without first obtaining the Welsh Ministers’ consent in writing;
(b)any liability determined by a Court in proceedings which are conducted by a member otherwise than in consultation with the Welsh Ministers;
(c)any payment falling to be made by a member where the member has not complied with any condition imposed by the Welsh Ministers relating to a claim;
(d)any payment falling to be made by a member where, without first obtaining the Welsh Ministers’ consent in writing, the member agrees—
(i)to be bound by the determination of any person or body as to the making of a payment by that member in respect of a liability, or
(ii)to make any other payment in respect of the liability otherwise than in the course of legal proceedings or in consequence of a settlement of legal proceedings agreed to by the member;
(e)any liability that is of an amount less than the amount which is for the time being agreed between a member and the Welsh Ministers as being the minimum amount of any liability in respect of which a payment is to be made under the Scheme;
(f)any liability of a primary medical services provider which was either incurred, or falls to be met, in a membership year in relation to which that primary medical services provider was included in a notification to the Welsh Ministers by the Local Health Board.
(2) In paragraph (1)—
(a)references to “member” include a former member of the Scheme—
(i)in respect of which the requirements of regulation 13(5)(c) and (d) are met (agreement that the Scheme is to cover existing claim not met before membership ceases), or
(ii)to which regulation 14 applies (liabilities of former members);
(b)in sub-paragraph (f), “notification” means a list of primary medical services providers whose qualifying liabilities are not to be covered by the Scheme for the membership year.
Commencement Information
I1Reg. 15 in force at 1.4.2019, see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: