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NHS Redress Act 2006

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6Proceedings under scheme

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(1)Subject to subsections (3) to (6), a scheme may make such provision as the Secretary of State thinks fit about proceedings under the scheme.

(2)A scheme may, in particular, make provision—

(a)about the investigation of cases under the scheme (including provision for the overseeing of the investigation by an individual of a specified description);

(b)about the making of decisions about the application of the scheme;

(c)for time limits in relation to acceptance of an offer of compensation under the scheme;

(d)about the form and content of settlement agreements under the scheme;

(e)for settlement agreements under the scheme to be subject in cases of a specified description to approval by a court;

(f)about the termination of proceedings under the scheme.

(3)A scheme must—

(a)make provision for the findings of an investigation of a case under the scheme to be recorded in a report, and

(b)subject to subsection (4), make provision for a copy of the report to be provided on request to the individual seeking redress.

(4)A scheme may provide that no copy of an investigation report need be provided—

(a)before an offer is made under the scheme or proceedings under the scheme are terminated, or

(b)in such other circumstances as may be specified.

(5)A scheme must provide for a settlement agreement under the scheme to include a waiver of the right to bring civil proceedings in respect of the liability to which the settlement relates.

(6)A scheme must provide for the termination of proceedings under the scheme if the liability to which the proceedings relate becomes the subject of civil proceedings.

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