CervicalCheck Tribunal Act 2019

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Restoration of trust meetings - not admissible in proceedings or claims before Tribunal

33. (1) No evidence shall be admissible in any court or the Tribunal of any information, statement or admission disclosed or made in the course of a restoration of trust meeting.

(2) Information provided by a participant at a restoration of trust meeting shall not, notwithstanding—

(a) any provision to the contrary in—

(i) a policy of professional indemnity insurance,

(ii) any documentation that comprises an offer, or evidence, of an arrangement for indemnity between a medical defence organisation and a member of that organisation, or

(iii) a contract of insurance providing insurance cover for claims in respect of civil liability or clinical negligence actions,

or

(b) any other enactment or rule of law,

invalidate or otherwise affect the cover provided by such policy or contract of insurance that is, or but for such information would be, available in respect of the restoration of trust meeting concerned or any matter alleged which arises (whether in whole or in part) from the issues, the subject matter of the request for the restoration of trust meeting.

(3) Information provided to an appropriate person at a restoration of trust meeting shall not—

(a) constitute an express or implied admission, by a participant of fault, professional misconduct, poor professional performance, unfitness to practise, or other failure or omission, in the determination of a complaint that is made in respect of the participant and which arises (whether in whole or in part) from the consequences of the issue, the subject matter of the request for the restoration of trust meeting, and

(b) notwithstanding any other enactment or rule of law, be admissible as evidence of fault, professional misconduct, poor professional performance or unfitness to practise.

(4) This section is in addition to, and not in substitution for, any enactment or rule of law relating to the disclosure of information in respect of the provision of health services.

(5) In this section—

“Act of 2017” means the Civil Liability (Amendment) Act 2017 ;

“clinical negligence”, “clinical negligence action” and “medical defence organisation” have the same meanings respectively as they have in section 10 of the Act of 2017;

“health service” has the same meaning as it has in Part 4 of the Act of 2017;

“professional indemnity insurance” means a policy of indemnity insurance to cover claims by or on behalf of an appropriate person in respect of any description of civil liability for injury, harm or death that is incurred in the provision of a health service (including the carrying on of the business of the provision of a health service).