Medical Indemnity Act 2002

The regulations may provide that this Division applies with specified modifications in relation to:

a specified class of claims; or

a specified class of contracts of insurance; or

a specified class of situations in which a liability is, whether wholly or partly, covered by more than one contract of insurance.

For the capacity for rules to exclude claims and contracts of insurance, see paragraphs 34E(1)(h) and (i).

The regulations may provide that this Division does not apply, or applies with specified modifications, in relation to a specified class of liabilities or payments.

Without limiting subsection (2), the regulations may specify modifications regarding how this Division applies in relation to a liability under an order of a court requiring an amount to be paid pending the outcome of an appeal, including modifications:

to count the liability as a qualifying liability (even though subparagraph 34M(a)(i) may not be satisfied in relation to the order); and

to deal with what happens if, as a result of the appeal or another appeal, the amount paid later becomes wholly or partly repayable; and

to deal with what happens if the amount paid is later applied towards a liability that is confirmed as a result of the appeal or another appeal.

This section does not allow the regulations to modify a provision that creates an offence, or that imposes an obligation which, if contravened, constitutes an offence.