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.