Commentary on Sections Section 5: Duty to consider potential application of scheme
23.This section sets out that the Secretary of State can in regulations make provision as to how and when particular bodies or persons must consider whether a case (for example, an adverse incident that is under investigation, or the subject of a complaint) is eligible under the redress scheme, and the steps that it must take if it identifies such a case. It is currently envisaged that when such a case is identified, the relevant body or person will be placed under a duty either to notify the relevant scheme member or to begin proceedings under the scheme, as appropriate.
24.Subsection (2) lists the bodies and persons that may be placed under the duty to consider the potential application of the scheme. They are those bodies and persons to whose liability a scheme applies and the Commission for Healthcare Audit and Inspection (known as the Healthcare Commission).