NHS Redress (Wales) Measure 2008 (nawm 1)
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- (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.
2Redress 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
