26Liability that cannot be limited by a scheme

#### 26 Liability that cannot be limited by a scheme 26 Liability that cannot be limited by a scheme > > (1) A scheme can only affect the liability for damages arising from a single cause of action to the extent to which the liability results in damages exceeding such amount (but not less than $500,000) as is determined for the purposes of the scheme by the Council and specified in the scheme. > > > (2) In making a determination, the Council must have regard to: > > > > > (a) the number and amounts of claims made against persons within the occupational association concerned, and > > > > > (b) the need to adequately protect consumers. > > > (3) A Council determination: > > > > > (a) takes effect when an amendment providing for its specification in the scheme takes effect, and > > > > > (b) applies only to a cause of action that arises after the determination takes effect. > > **s 26:** Am 1998 No 10, Sch 1 \[5\] \[6\].