Part 1: Main Provisions Section 11: Indemnity for health service activity: England and Wales
This section enables the Secretary of State (in relation to the NHS in England) and the Welsh Ministers (in relation to the NHS in Wales) to provide an indemnity for clinical negligence liabilities arising from NHS activities connected to the diagnosis, care or treatment of a person who has been diagnosed as having COVID-19 or is suspected, or is at risk, of having the disease. These powers are not exercisable where indemnity arrangements are already in place (whether under an insurance policy or otherwise) that cover the clinical negligence liability in question.
	The section also extends to indemnity being provided for clinical negligence arising from NHS ‘business-as-usual’ activities that healthcare professionals and others (including retired healthcare professionals assisting with an outbreak) may be asked to carry out in consequence of the pandemic. These are NHS activities that are routinely provided as part of the NHS for England or the NHS for Wales and may include activities undertaken by healthcare professionals and others operating outside the scope of their usual day-to-day practices. In other words, these are NHS activities not connected to the diagnosis, care or treatment of a person who has been diagnosed as having COVID-19 disease, or is suspected, or is at risk, of having the disease. Once again, indemnity for such activities is not available where indemnity arrangements are already in place that cover the clinical negligence liability in question.
	The Secretary of State and the Welsh Ministers also have powers to make arrangements authorising another person to provide such indemnity.
	The territorial extent and application of this section is England and Wales only.