Explanatory Notes

Health service indemnification

29 The Bill includes powers to provide indemnity coverage for clinical negligence of health care workers and others carrying out NHS and Health and Social Care (HSC) activities connected to care, treatment or diagnostic services provided under the arrangements for responding to the covid-19 pandemic. This indemnity is intended to act as a ‘safety net’ where clinical negligence arising from the provision of such services is not already covered under a pre-existing indemnity arrangement, for example under state indemnity schemes, private medical defence organisation or commercial insurance policies or through membership of a professional body.

30 Existing indemnity arrangements in England include the Clinical Negligence Scheme for Trusts and the Clinical Negligence Scheme for General Practice. Existing indemnity arrangements in Wales include state indemnity for clinical negligence indemnity provided by the Welsh Risk Pool and under the General Medical Practice Indemnity scheme.  Existing indemnity arrangements in Scotland include the Clinical Negligence and Other Risks Indemnity Scheme. 

31 Existing indemnity arrangements in Northern Ireland include the Clinical Negligence Scheme for Trusts and indemnity arrangements for General Practice, which also include arrangements with medical defence organisations.  Other existing indemnity arrangements include indemnity provided to members of organisation representing certain professions, indemnity arrangements with medical defence organisations and insurance policies with insurance companies.


Prepared 18th March 2020