Citation, commencement, interpretation and extent

1.-(1) These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2000, and shall come into force on 27th September 2000.

(2) In these Regulations "the principal Regulations" means the National Health Service (Clinical Negligence Scheme) Regulations 1996(3).

(3) These Regulations extend to England only(4).

Amendment of regulation 3 of the principal Regulations

2.-(1) Regulation 3 of the principal Regulations(5) (eligible bodies) is amended as follows.

(2) At end of sub-paragraph (b) omit the word "or".

(3) At the end of sub-paragraph (c) insert-

"or

(d)a Primary Care Trust(6).".

Amendment of regulation 6 of the principal Regulations

3.-(1) Regulation 6 of the principal Regulations (membership of the Scheme) is amended as follows.

(2) For sub-paragraph (b) of paragraph 4 substitute-

"(b)specify the date that the eligible body wishes its membership to begin.".

(3) In paragraph (7) delete the words after the words "effect from" to the end and substitute the words "such date as may be determined by the Secretary of State.".

Amendment of regulation 8 of the principal Regulations

4.-(1) Regulation 8 of the principal Regulations (members' contributions to the Scheme) is amended as follows.

(2) In paragraph (3) for sub-paragraph (c) substitute the following sub-paragraphs-

"(c)where the member was admitted to the Scheme on or after 1st April 2000-

(i)as respects its first membership year, by no later than 6 months from the date of receipt by the Secretary of State of its application in accordance with regulation 6(3),

(ii)as respects its second membership year, by no later than 1st July in that year; and

(d)as respects any subsequent membership year, by no later than 31st October in the preceding year;".

(3) In paragraph 6 for sub-paragraph (c) substitute the following sub-paragraphs-

"(c)where the member was admitted to the Scheme on or after 1st April 2000-

(i)in relation to its first membership year, by no later than 8 months from the date of receipt by the Secretary of State of its application in accordance with regulation 6(3),

(ii)in relation to its second membership year, by not later than 1st August in that year; and

(d)in relation to any subsequent membership year, by no later than 30th November in the preceding year.".

Amendment of regulation 9 of the principal Regulations

5.-(1) Regulation 9 of the principal Regulations (payments under the Scheme) is amended as follows.

(2) In paragraph (2)(b) for the words "the beginning of its first membership year," substitute the words "it became a member,".

(3) In paragraph (2)(b)(i) for the words "the beginning of the first membership year," substitute the words "it became a member,".

(4) In paragraph (2)(b)(iii) for the words "beginning of the first membership year," substitute the words "date on which the member became a member,".

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Clinical Negligence Scheme) Regulations 1996 which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions in England.

Regulation 2 provides for Primary Care Trusts to be eligible to participate in the Scheme.

Regulation 3 amends the requirements as to the timing for applications for membership and admission to the Scheme.

Regulations 4 and 5 make consequential amendments regarding the timing of notices sent to members in relation to contributions and payments under the Scheme.