I12Redress 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 amount of financial compensation that may be included in such an offer in respect of pain and suffering;

c

may not specify any other limit on what may be included in such an offer by way of financial compensation.