Status of 2016 Master Indemnity Agreement (MIA) call-off agreements signed under the 2016 Master Indemnity Agreement terms and conditions
Published 18 April 2019
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This update has been prepared by the Master Indemnity Agreement (MIA) management team. It provides some clarity on the status of existing MIA call-off agreements signed between NHS trusts or other NHS organisations (NHS authorities) and supplier(s) under the 2016 MIA terms and conditions, where the supplier has not signed the variation to the 2018 MIA terms and conditions.
If supplier(s) have not signed up to the 2018 MIA terms and conditions, their MIA overarching agreement was terminated by the Department of Health and Social Care.
As part of the termination of the MIA overarching agreement, suppliers have been removed from the MIA register. NHS authorities should not enter into new MIA call-off agreements with suppliers that are not on the MIA register, as they are no longer holding a valid MIA registration number.
All current existing MIA call-off agreements between suppliers and NHS authorities will continue to be valid under the 2016 MIA terms and conditions. This is stated in Clause 1.5 of the 2016 MIA overarching agreement
An NHS authority has the right to continue with the MIA call-off agreement if the liability coverage is being maintained by the supplier.
If an NHS authority decides to continue their 2016 MIA call-off agreement with a supplier, they must ensure that they meet various obligations. This includes but is not limited to data protection, as stated under the 2016 MIA terms and conditions.
Alternatively, an NHS authority can terminate an existing MIA call-off agreement in accordance with the terms of the MIA call-off agreement. Therefore, NHS authorities will need to decide whether they continue or terminate existing MIA call-off agreements with supplier(s).
Please be aware that the Department of Health and Social Care cannot provide legal advice on matters regarding to the MIA. This update is only intended to provide clarity to the current status of MIA call-off agreements with supplier(s) already in existence under the 2016 MIA terms and conditions.
For any other enquiries please contact the MIA management team at mia@dhsc.gov.uk.