8.—(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.
Commencement Information
I1Reg. 8 in force at 1.4.2019, see reg. 1(2)