NHS Redress Bill [HL]

moved Amendment No. 28:"Page 4, line 5, leave out subsection (1) and insert—" ““(1)   A scheme must make provision for the period during which a liability is the subject of proceedings under the scheme to be disregarded for the purposes of calculating whether any relevant limitation period has expired. (1A)   In subsection (1), the reference 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.”” The noble Lord said: My Lords, in Committee, it was suggested that the drafting of Clause 7 was difficult to understand. Parliamentary counsel was invited to reconsider the drafting and a revised wording has been provided in the amendment. There is no policy change behind the amendment. It is simply intended to clarify the policy in the Bill. I hope that new subsection (1) now makes it clear that the clause requires the scheme to provide for the period of time during which a case is being dealt with under the scheme to be disregarded for the purposes of calculating whether any time limit for bringing court proceedings has expired. For limitation purposes, time ceases to run while a case is being considered under the redress scheme. We accept that, when the redress scheme has been triggered, the processes will take time to complete. It is right, therefore, that patients’ rights to pursue court proceedings are maintained while their case is being considered under the scheme. There should be no reduction in the time left available to them to bring court proceedings just because their case has been considered under the NHS redress scheme. Patients must not be put under pressure to complete proceedings under the scheme because of the existing time limits for bringing court proceedings. Noble Lords may recall that Section 11 of the Limitation Act 1980 provides that court proceedings founded in tort for damages in respect of personal injury cannot generally be brought more than three years from the date on which the cause of action accrued—or, if later, the date on which the person became aware of the cause of action. That provision will ensure that a patient is not prejudiced by or prevented from litigating as a result of waiting for the result of an investigation under the redress scheme—for example, where he or she is dissatisfied with an offer made under the scheme and therefore subsequently wants to bring court proceedings. It effectively stops the clock regarding any time limit for bringing court proceedings in respect of the same incident for as long as the case is being considered under the redress scheme. It was also suggested that a specific amendment to the Limitation Act 1980 is required to ensure that the limitation period does not run while there are proceedings under the scheme. That has been considered, but we are satisfied that no such amendment is required. It is not necessary for the modification of the relevant time limits in the Limitation Act to appear in the Limitation Act itself. Although Part II of that Act contains a number of provisions extending or excluding the ordinary time limits, it is unnecessary for all such extensions and exclusions to appear there. Clause 7 now clearly enables the scheme to affect the operation of the Limitation Act, enabling it to modify the limitation period in relation to liabilities that are the subject of proceedings under the redress scheme. New subsection 1(A) makes explicit that the scheme can amend the Limitation Act, as there is now express reference to the Act. Under existing subsection (2), which remains unaltered by the amendment, the scheme may define when a case is considered to be the subject of proceedings under the scheme, so that it is absolutely clear when the clock stops running for the purposes of calculating the period of time to be disregarded. I beg to move.