NHS Redress Act 2006
| Jurisdiction | UK Non-devolved |
| Citation | 2006 c. 44 |
| Year | 2006 |
(1) The Secretary of State may by regulations establish a scheme for the purpose of enabling redress to be provided without recourse to civil proceedings in circumstances in which this section applies.(2) This section applies where under the law of England and Wales qualifying liability in tort on the part of a body or other person mentioned in subsection (3) arises in connection with the provision, as part of the health service in England, of qualifying services.the Secretary of State,the National Health Service Commissioning Board,a clinical commissioning group,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a body or other person providing, or arranging for the provision of, services whose provision is the subject of arrangements with a body or other person mentioned in paragraph (a) , F15(aa) or (ab) .in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness, or the care or treatment of any patient, andin consequence of any act or omission by a health care professional.they are provided in a hospital (in England or elsewhere) , orthey are of such other description (including a description involving provision outside England) as the Secretary of State may specify by regulations.primary dental services,primary medical services,services provided under section 38 of the National Health Service Act 1977 (c. 49) (general ophthalmic services) ,services provided under F1 section 126 of the National Health Service Act 2006 (arrangements for pharmaceutical services) or by virtue of F2section 127 of that Act (arrangements for additional pharmaceutical services) , andservices of a kind which may be provided under F3section 126 of that Act, or by virtue of section 127 of that Act, which are provided under Schedule 12 to that Act (local pharmaceutical services schemes) or under section 134 of that Act (local pharmaceutical services pilot schemes) .(7) The references in subsection (6) to primary dental services and primary medical services are to primary dental services and primary medical services under F4the National Health Service Act 2006, except that the Secretary of State may by regulations provide that services of a description specified in the regulations are not to be regarded as primary dental services or primary medical services for the purposes of that subsection.(8) Regulations under subsection (5) (b) or (7) may, in particular, describe services by reference to the manner or circumstances in which they are provided.(9) In subsection (3) (d) , the reference to a person providing services does not include a person providing services under a contract of employment.(10) In subsection (4) , the reference to a health care professional is to a member of a profession (whether or not regulated by, or by virtue of, any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals.(11) In this section, “hospital” has the same meaning as in F5the National Health Service Act 2006.(1) Subject to subsection (2) , a scheme may make such provision defining its application as the Secretary of State thinks fit.(2) A scheme must provide that it does not apply in relation to a liability that is or has been the subject of civil proceedings.(1) Subject to subsections (2) and (5) , a scheme may make such provision as the Secretary of State thinks fit about redress under the scheme.the making of an offer of compensation in satisfaction of any right to bring civil proceedings in respect of the liability concerned,the giving of an explanation,the giving of an apology, andthe giving of a report on the action which has been, or will be, taken to prevent similar cases arising,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;make provision about the circumstances in which different forms of compensation may be offered.make provision about the matters in respect of which financial compensation may be offered;make provision with respect to the assessment of the amount of any financial compensation.may specify an upper limit on the amount of financial compensation that may be included in an offer under the scheme;if it does not specify a limit under paragraph (a) , must specify an upper limit on the amount of financial compensation that may be included in such an offer in respect of pain and suffering;may not specify any other limit on what may be included in such an offer by way of financial compensation.(1) A scheme may make such provision as the Secretary of State thinks fit about the commencement of proceedings under the scheme.about who may commence proceedings under the scheme;about how proceedings under the scheme may be commenced;for time limits in relation to the commencement of proceedings under the scheme;about circumstances in which proceedings under the scheme may not be
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