Commentary on Sections Section 11: Scheme authority
36.This section requires the Secretary of State to make provision in a scheme as to the functions of the scheme authority (subsection (1)). The scheme authority has to be a Special Health Authority: it is intended that this will be an existing Special Health Authority, namely the National Health Service Litigation Authority (NHSLA)(5).
37.Subsection (2) lists some functions that may be given to the NHSLA in its capacity as the scheme authority. A scheme might provide, for example, for the role of the scheme authority to include giving advice on the amount of compensation to be offered under the scheme, and acting as agent for scheme members in the making of payments under the scheme (subsection (2)(b)). A scheme may also require the scheme authority to issue advice and guidance about specified matters (subsection (2)(c)). A scheme may require the scheme authority to collect contributions from scheme members in order to fund the scheme (subsection (2)(e)).
38.Subsection (3) ensures that a Special Health Authority can be created to undertake the functions of a scheme authority. Section 11 of the National Health Service Act 1977 normally only allows the creation of a Special Health Authority for the purpose of exercising a function that can be conferred under or by virtue of the National Health Service Act 1977. This subsection therefore provides that, for the purpose of determining which functions may be conferred on a Special Health Authority, the provisions of the Act are deemed to form part of the National Health Service Act 1977.