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 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.