The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019

Membership of the Scheme E+W

5.—(1) An eligible body may apply to the Welsh Ministers to become a member of the Scheme.

(2) An application made in accordance with paragraph (1) must—

(a) be made in writing,

(b) be made in such form and be submitted in such manner as the Welsh Ministers may require,

(c) specify a date on which the eligible body proposes that its membership should start, and

(d) contain, or be accompanied by, such information as the Welsh Ministers may require.

(3) At any time after receiving an application and before determining it, the Welsh Ministers may in writing require the applicant to provide such further information as the Welsh Ministers consider necessary for the purposes of determining the application.

(4) Information that may be required in accordance with paragraphs (2) and (3) includes—

(a) the nature of the applicant’s functions;

(b) the number of employees and contractors;

(c) qualifications and experience of such employees and contractors;

(d) details of any previous claims in which the applicant has been the defendant in respect of personal injury claims made as a result of the exercise of any relevant function;

(e) such other information as the Welsh Ministers may request for the purposes of determining the application.

(5) The Welsh Ministers must—

(a) within 6 weeks of receiving an application made in accordance with the requirements in paragraphs (2) and (3), determine whether or not to grant it, and

(b) as soon as reasonably practicable, inform the applicant of the determination by a notice in writing which, if the application is granted, must specify the date on which the applicant’s membership is to start.

(6) In determining whether to grant an application, the Welsh Ministers must have regard to—

(a) the information provided by the applicant, and

(b) such other factors as the Welsh Ministers consider relevant.

(7) Where an eligible body’s application is granted, that body’s membership of the Scheme starts on the date specified in the notice given in accordance with paragraph (5)(b).

(8) For the purposes of paragraph (4)(b) and (c), reference to “contractors” is to be construed in accordance with regulation 9(2).

Commencement Information

I1 Reg. 5 in force at 1.4.2019, see reg. 1(2)