The appropriate authority may—
References in this section to a qualifying liability are to a liability in tort, in respect of or consequent on death, personal injury or loss, arising out of or in connection with a breach of a duty of care owed in connection with the provision, after the coming into force of this section, of a relevant service.
"Relevant service" means a service which is provided by a person as part of the health service and which—
In a case within subsection (1)(a), any question relating to—
is to be determined by the appropriate authority.
In a case within subsection (1)(b)—
Subsection (1) does not apply where arrangements are already in place (whether under an insurance policy or otherwise) for the person to be indemnified in respect of the liability.
In this section—
"the appropriate authority" means—
(a)in relation to a relevant service provided as part of the English health service, the Secretary of State;
(b)in relation to a relevant service provided as part of the Welsh health service, the Welsh Ministers;
"authorised person" means a person authorised by the appropriate authority;
"the health service" means the English health service or the Welsh health service;
"the English health service" means the health service continued under section 1(1) of the National Health Service Act 2006;
"the Welsh health service" means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006.