Page:NHS Redress (Wales) Measure 2008 (NAWM 2008-1 qp).pdf/9

---

(d) regarding the procedure to be followed when, and the circumstances in which, applications for redress under the regulations may no longer be pursued.

(3) The regulations must—

(a) make provision for time limits and any extensions of them in relation to—

(i) the conduct and completion of an investigation;

(ii) the making of an offer of redress; and

(iii) the acceptance of such an offer,

under the regulations,

(b) 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, and

(c) subject to subsection (4), make provision for a copy of the report to be provided to the individual seeking redress.

(4) The regulations may provide that no copy of an investigation report need be provided—

(a) before an offer of redress under the regulations is made or proceedings are for any reason terminated;

(b) where the report contains information likely to cause the patient or other applicant significant harm or distress; or

(c) in 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.

6Suspension of limitation period

(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 of provision in accordance with subsection (1) when liability is the subject of an application for redress under the regulations.

7Legal advice, etc.

(1) Subject to subsections (2) and (4), the regulations may make such provision as the Welsh Ministers think fit—