NHS Redress (Wales) Measure 2008
| Jurisdiction | Wales |
| Citation | 2008 nawm 1 |
| Year | 2008 |
(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.an NHS Trust in Wales;a Local Health Board;a Special Health Authority;the Welsh Ministers;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) .in consequence of any act or omission by a health care professional, orin 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.(1) Subject to subsections (2) , (3) and (6) , the regulations may make such provision as the Welsh Ministers think fit about redress.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 making of a written apology; andthe giving of a report on the action which has been, or will be, taken to prevent similar cases arising;(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.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 of redress made in accordance with the regulations;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;may not specify any other limit on what may be included in such an offer by way of financial compensation.(1) The regulations may make such provision as the Welsh Ministers think fit about accessing redress.about who may access redress;about how redress may be accessed;for time limits in relation to accessing redress;about circumstances in which redress may not be accessed.to consider, in such circumstances as the regulations may provide, whether a case that the body or person is investigating or reviewing involves liability for which redress may be available, andif it appears that it does, to take such steps as the regulations may provide.any body or person to whose liability the regulations apply;any other body or person prescribed by the Welsh Ministers in the regulations.(1) Subject to subsections (3) to (6) , the regulations may make such provision as the Welsh Ministers think fit regarding how redress is delivered.regarding the investigation of applications for redress made under the regulations (including provision for the overseeing of the investigation by an individual of a specified description) ;regarding the form and content of settlement agreements under the regulations;for settlement agreements under the regulations to be subject in cases of a specified description to approval by a court;regarding the procedure to be followed when, and the circumstances in which, applications for redress under the regulations may no longer be pursued.the conduct and completion of an investigation;the making of an offer of redress; andthe acceptance of such an offer,make provision for the findings of an investigation of a case where an individual is seeking redress under the regulations to be recorded in a report, andsubject to subsection (4) , make provision for a copy of the report to be provided to the individual seeking redress.before an offer of redress under the regulations is made or proceedings are for any reason terminated;where the report contains information likely to cause the patient or other applicant significant harm or distress; orin such other circumstances as may be specified.(5) The regulations must provide for a settlement agreement for redress entered into under the regulations to include a waiver of any right to bring civil proceedings in respect of the liability to which the settlement relates.(6) The regulations must provide that redress may no longer be sought under the regulations if the liability in relation to which redress is being sought becomes the subject of civil proceedings.(1) The regulations must make provision for the period during which a liability is the subject of an application for redress under the regulations to be disregarded for the purposes of calculating whether any relevant limitation period has expired or not.(2) The reference in subsection (1) to any relevant limitation period is to any period of time for the bringing of civil proceedings in respect of the liability which is prescribed by or under the Limitation Act 1980 (c. 58) or any other enactment.(3) The regulations may define for the purposes
To continue reading
Request your trial