Hepatitis C Compensation Tribunal (Amendment) Act 2006
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Amendment of section 1 of Hepatitis C Compensation Tribunal Act 1997 (interpretation). |
1.— Section 1 of the Hepatitis C Compensation Tribunal Act 1997 is amended— | |
(a) in subsection (1), by inserting the following after the definition of “ relevant agency”: | ||
“ ‘relevant claimant’ means a claimant to whom a class of insurance may be provided pursuant to the relevant insurance scheme; | ||
‘relevant insurance scheme’ means the insurance scheme established pursuant to regulations made under section 7(1)(d); | ||
‘scheme administrator’ means the person appointed, pursuant to section 7(10), to administer the relevant insurance scheme;”, | ||
and | ||
(b) by inserting the following after subsection (1): | ||
“(1A) Subject to subsection (1B), a person has not been diagnosed positive for Hepatitis C for the purposes of this Act unless— | ||
(a) the diagnosis is— | ||
(i) based on a positive test result arising from an enzyme - linked immunosorbent assay, or | ||
(ii) in the case of a recombinant immunoblot assay which indicates antibodies to individual viral antigens on 4 different antibody bands identified as C-22, C-33, C-100 and NS-5, based on a positive test result— | ||
(I) of not less than 2+ on the C-22 antibody band, or | ||
(II) of not less than 3+ on each of any 2 of the other antibody bands, | ||
or | ||
(iii) based on a positive test result arising from a polymerase chain reaction (PCR) test, | ||
(b) the person displays symptoms of acute infection by reference to the presence of jaundice, or raised alamine aminotransferase (ALT) levels, not later than 16 weeks after the person has been administered anti-D, or | ||
(c) the diagnosis is based on a positive test result arising from a test specified for the purposes of this subsection in regulations made under section 7(1)(e). | ||
(1B) Subsection (1A) does not apply to or in relation to a claim for compensation to the Tribunal made before 20 June 2006.”. |