Amendment of the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004E+W
21.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(1) are amended as follows.
(2) In Schedule 6, in paragraph 120—
(a)after sub-paragraph (2) insert—
“(2A) The Local Health Board, to the extent it considers reasonable and to the extent it may be reimbursed in accordance with the Clinical Negligence Scheme for NHS Trusts and Local Health Boards established by regulation 3 of the 2019 Regulations, shall indemnify the contractor in respect of that contractor’s qualifying liabilities as specified in regulation 9(4) of the 2019 Regulations, provided the contractor—
(a)complies with the Local Health Board’s claims management protocol for contractors (as amended from time to time); and
(b)does not have any other indemnity arrangement in force in connection with clinical services which the contractor provides under the contract at the time the qualifying liability arose.”;
(b)in sub-paragraph (3)—
(i)at the end of paragraph (aa) omit “and”;
(ii)for paragraph (b) substitute—
“(b)a contractor shall be regarded as having in force in relation to it an indemnity arrangement—
(i)if there is an indemnity arrangement in force in relation to a person employed or engaged by it in connection with clinical services which that person provides under the contract or, as the case may be, sub-contract; or
(ii)for its qualifying liabilities specified in regulation 9(4) of the 2019 Regulations, to the extent provided for under paragraph 120(2A);”;
(iii)after paragraph (b) insert—
“(c)“the 2019 Regulations” means the National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019.”
Commencement Information
I1Reg. 21 in force at 1.4.2019, see reg. 1(2)
S.I. 2004/478 (W. 48). Paragraph 120 of Schedule 6 was amended by regulation 11(33) of the National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006 (S.I. 2006/358 (W. 46)) and paragraph 5(a) to (e) of Schedule 2 to the Health Care and Associated Professions (Indemnity Arrangements) Order 2014 (S.I. 2014/1887). There are other amendments but none are relevant.