Liabilities of membersI18

1

The Scheme applies to—

a

any liability in tort under the law of England and Wales which a member of the Scheme owes to a third party in respect of or consequent upon personal injury or loss specified in paragraph (2), and

b

any contractual liability of a member of the Scheme—

i

arising as a consequence of an arrangement to provide relevant health services referred to in regulation 9(2), and

ii

specified as a qualifying liability of a contractor in regulation 9(4).

2

The personal injury or loss referred to in paragraph (1) is personal injury or loss arising out of or in connection with any breach of a duty of care, which—

a

the member owes to any person in connection with the diagnosis of any illness or the care or treatment of any patient, and

b

is in consequence of any act or omission specified in paragraph (3).

3

The act or omission referred to in paragraph (2) is an act or omission to act on the part of—

a

a person employed or engaged by the member in connection with any relevant function provided by the member, or

b

an employee or agent of a person engaged by the member in connection with the provision of any relevant function.