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| | NHS Redress Bill [Lords], As Amended
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| | | General duty to promote resolution under scheme |
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| | To move the following Clause:— |
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| | | ‘A scheme must include provision requiring the scheme authority and the |
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| | | members of the scheme, in carrying out their functions under the scheme, to have |
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| | | regard in particular to the desirability of redress being provided without recourse |
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| | Page 3, line 7 [Clause 3], leave out ‘and’. |
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| | Page 3, line 8 [Clause 3], at end insert ‘and |
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| | | (d) | the giving of a report on the action which has been, or will be, taken to |
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| | | prevent similar cases arising,’. |
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| | Page 4, line 13 [Clause 6], leave out ‘(3) and’ and insert ‘(2A) to’. |
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| | Page 4, line 16 [Clause 6], after first ‘the’, insert ‘independent’. |
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| | Page 4, line 16 [Clause 6], at end insert ‘in accordance with the rules of natural |
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| | justice such that the person overseeing the investigation is independent of the trust under |
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| | investigation (such investigation to be confined to the facts of cases and not to consider |
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| | issues of liability in law, whether civil or criminal).’. |
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| | Page 4, line 19 [Clause 6], at end insert— |
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| | | ‘( ) | about the assessment of liability in tort under the scheme.’. |
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| | Page 4, line 23 [Clause 6], at end insert— |
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| | | ‘(g) | about the publication of a report of the independent investigation in |
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| | | accordance with paragraph (a)’. |
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| | Page 4, line 23 [Clause 6], at end insert— |
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| | | (a) | make provision for the findings of an investigation of a case under the |
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| | | scheme to be recorded in a report, and |
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| | | (b) | subject to subsection (2B), make provision for a copy of the report to be |
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| | | provided on request to the individual seeking redress. |
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| | | (2B) | A scheme may provide that no copy of an investigation report need be provided— |
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| | | (a) | before an offer is made under the scheme or proceedings under the |
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| | | scheme are terminated, or |
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| | | (b) | in such other circumstances as may be specified.’. |
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| | Page 4, line 41 [Clause 8], leave out ‘subsection (2)’ and insert ‘subsections (2) |
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| | Page 5, line 1 [Clause 8], leave out paragraph (a). |
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| | Page 5, line 1 [Clause 8], leave out ‘in connection with proceedings under the |
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| | Page 5, line 2 [Clause 8], at end insert ‘to individuals seeking redress under the |
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| | Page 5, line 10 [Clause 8], leave out subsection (3). |
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| | Page 5, line 12 [Clause 8], at end insert— |
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| | | ‘(4) | A scheme that makes provision for the provision of the services of medical |
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| | | experts must provide for such experts to be instructed jointly by the scheme |
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| | | authority and the individual seeking redress under the scheme.’. |
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| | Page 5, line 29 [Clause 10], at beginning insert ‘Subject to subsection (2A),’. |
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| | Page 6, line 16 [Clause 10], leave out paragraph (j). |
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| | Page 6, line 17 [Clause 10], at end insert— |
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| | | ‘(2A) | A scheme must require a member of the scheme to prepare and publish an annual |
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| | | report about cases involving the member that are dealt with under the scheme and |
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| | | the lessons to be learnt from them.’. |
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