Section 2 - Redress under the regulations
6.This section sets out in more detail the type of provision that Welsh Ministers may make in respect of redress arrangements. Subsection (1) provides that Welsh Ministers may make whatever arrangements in regulations they think appropriate about redress, subject to the provisions of subsections (2), (3) and (6)(b). Those subsections state that the regulations must provide:
For redress to comprise of the making of an offer of financial compensation; giving explanations, written apologies and a report on action and learning and that these can be provided in any combination (subsection (2));
That the arrangements must not apply to a case which is already or which has been the subject of legal proceedings (subsection (3)) and
That any regulations which provide for financial compensation must specify an upper limit on the amount to be offered in respect of pain and suffering (general damages), if no overall upper limit is set (subsection (6)(b)). It is currently envisaged that any arrangements would seek to set an overall limit encompassing general and special damages to ensure that more complex and high value claims are dealt with by claims specialists and not through the local arrangements.
7.Subsection (4) provides that the regulations may allow for compensation to be offered in the form of remedial treatment and/or financial compensation, set out in a contract with the patient. This would provide real guarantees to the patient that they will receive the remedial care they need, within a specified time. If financial compensation is to be offered, then subsection (5) provides that the regulations may specify the matters in respect of which financial compensation may be offered and how the assessment of compensation is to be carried out. Subsection (6)(a) provides that an upper limit may be placed on the amount of financial compensation.
