Moved by
Earl Howe
119C: After Clause 40, insert the following new Clause—
“Infected blood compensation scheme
(1) The Secretary of State or the Minister for the Cabinet Office must by regulations establish a scheme (“the infected blood compensation scheme”) for making payments to eligible persons.
(2) “Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.
(3) The persons within this subsection are persons who—
(a) have been infected as a result of being treated with blood, blood products or tissue,
(b) have been infected as a result of another person being treated with blood, blood products or tissue, or
(c) have been affected by another person being infected as described in paragraph (a) or (b).
(4) The regulations may define an eligible person by reference to matters including (but not limited to)—
(a) the kind of infection;
(b) the duration or effect of an infection;
(c) when the treatment occurred;
(d) where the treatment was given;
(e) who gave the treatment;
(f) whether a person was treated with blood, blood products or tissue;
(g) in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;
(h) in a case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.
(5) The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.”
Member’s explanatory statement
This new Clause provides for the Secretary of State or Minister for the Cabinet Office to establish an infected blood compensation scheme by regulations.