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NHS Redress (Wales) Measure 2008

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This is the original version (as it was originally enacted).

2Redress under the regulations

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(1)Subject to subsections (2), (3) and (6), the regulations may make such provision as the Welsh Ministers think fit about redress.

(2)The regulations must provide for redress ordinarily to comprise—

(a)the making of an offer of compensation in satisfaction of any right to bring civil proceedings in respect of the liability concerned;

(b)the giving of an explanation;

(c)the making of a written apology; and

(d)the giving of a report on the action which has been, or will be, taken to prevent similar cases arising;

but the regulations may specify circumstances in which one or more of those forms of redress is not required.

(3)The regulations must provide that redress does not apply in relation to a liability that is or has been the subject of civil proceedings.

(4)The regulations may, in particular—

(a)make provision for the compensation that may be offered to take the form of entry into a contract to provide care or treatment or of financial compensation, or both;

(b)make provision about the circumstances in which different forms of compensation may be offered.

(5)If the regulations provide for financial compensation to be offered, they may, in particular—

(a)make provision about the matters in respect of which financial compensation may be offered;

(b)make provision with respect to the assessment of the amount of any financial compensation.

(6)The regulations which provide for financial compensation to be offered—

(a)may specify an upper limit on the amount of financial compensation that may be included in an offer of redress made in accordance with the regulations;

(b)must, if they do not specify a limit under paragraph (a), specify an upper limit on the amount of financial compensation that may be included in such an offer in respect of pain and suffering;

(c)may not specify any other limit on what may be included in such an offer by way of financial compensation.

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