NHS Redress (Wales) Measure 2008

Document Number:2008 nawm 1
 
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A MEASURE of the National Assembly for Wales to make provision about arrangements for redress in relation to liability in tort in connection with services provided as part of the health service in Wales; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 6 May 2008 and approved by Her Majesty in Council on 9 July 2008 , enacts the following provisions:–

1 Power of Welsh Ministers to make regulations in respect of NHS redress

(1) The Welsh Ministers may make provision by regulations 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 person mentioned in subsection (3) arises in connection with the provision of qualifying services in Wales or elsewhere as part of the health service in Wales.

(3) The bodies and persons referred to in subsection (2) are—

(a) an NHS Trust in Wales;

(b) a Local Health Board;

(c) a Special Health Authority;

(d) the Welsh Ministers;

(e) a body or person providing, or arranging for the provision of, services whose provision is the subject of arrangements with a body or person mentioned in paragraphs (a) to (d).

(4) The reference in subsection (2) to qualifying liability in tort is to liability in tort owed 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 in the care or treatment of any patient—

(a) in consequence of any act or omission by a health care professional, or

(b) in consequence of any act or omission by any other body or person as the Welsh Ministers may specify by the regulations.

(5) For the purposes of subsection (2) , services are qualifying services if they are of such description (including a description involving provision outside Wales) as the Welsh Ministers may specify by the regulations.

(6) In subsection (3)(e) , the reference to a person providing services does not include a person providing services under a contract of employment.

2 Redress under the regulations

(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...

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