Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (2021 asp 15)
- Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (2021 asp 15)
- PART 1 Overview and meaning of “redress scheme”
- 1 Overview of Act
- 2 Meaning of “redress scheme”
- PART 2 Operation of the redress scheme
- Redress Scotland
- 3 Establishment
- 4 Status
- 5 Membership, procedures and powers etc.
- 6 Independence
- Functions in relation to the redress scheme
- 7 Functions of Redress Scotland
- 8 Functions of the Scottish Ministers
- 9 Duty with respect to ensuring individuals can make informed choices
- 10 Provision of administrative support to Redress Scotland
- 11 Duty on the Scottish Ministers and Redress Scotland to co-operate
- 12 Sharing of information between the Scottish Ministers and Redress Scotland
- 13 Principle of dignity, respect and compassion
- Contributions to the redress scheme
- 14 Scheme contributors
- 15 Statement of principles in relation to contributor list
- 16 Retrospective removal of scheme contributor from contributor list
- 17 Financial contributions by charities
- PART 3 Eligibility and key concepts
- Eligibility to apply for redress payments
- 18 Eligibility to apply for a redress payment
- Meaning of “abuse”
- 19 Meaning of “abuse”
- Meanings of “relevant care setting” and “resident”
- 20 Meaning of “relevant care setting”
- 21 Meaning of “residential institution”: further provision
- 22 Meaning of “resident”
- Exceptions to eligibility
- 23 Power to create exceptions to eligibility
- Eligibility to apply for next of kin payments
- 24 Eligibility to apply for a next of kin payment
- 25 Eligibility to apply for a next of kin payment: exceptional circumstances
- 26 Review of determination made under section 25
- 27 Outcome of a section 26 review
- 28 Meaning of “specified next of kin”
- PART 4 Financial redress: redress payments
- CHAPTER 1 Determination of applications for redress payments
- Applications
- 29 Application for a redress payment
- 30 Cases where more than one application permitted
- 31 Application period
- 32 Pausing of application
- 33 Withdrawal of application
- Determination of applications
- 34 Prioritisation of applications
- 35 Decision-making panels
- 36 Determination of applications
- 37 Assessment of amount of redress payment
- Payment levels
- 38 Fixed rate payment
- 39 Individually assessed payment
- 40 Next of kin payment
- 41 Power to adjust redress payment amounts for inflation
- Deduction of previous payments
- 42 Deduction of previous payments from redress payment
- 43 Deduction of previous payments: further provision
- 44 Information about previous payments from applicant
- 45 Information about previous payments: further provision
- Waiver
- 46 Waiver
- 47 Form and content of waiver
- 48 Report on effect of waiver on participation in redress scheme
- Payment of redress payment
- 49 Period for which offer valid
- 50 Acceptance of offer and making of payments
- 51 Payments to children
- 52 Review of direction made under section 51
- 53 Outcome of a section 52 review
- CHAPTER 2 Review of redress payment determinations
- 54 Right to a review
- 55 Review panels
- 56 Procedure for a review
- 57 Outcome of a review
- 58 Period for which offer valid following a review
- 59 Withdrawal of review request
- CHAPTER 3 Applications affected by convictions for serious offences
- 60 Applicants etc. with convictions for serious offences
- 61 Applicants etc. with convictions for serious offences: definitions
- 62 Review of determination made under section 60
- 63 Outcome of a section 62 review
- 64 Information about convictions for serious offences
- CHAPTER 4 Death of applicant
- 65 Nomination of a beneficiary
- 66 Applicant's death while application ongoing
- 67 Access to information and evidence by nominated beneficiary
- 68 Review of determination made under section 66(3)
- 69 Outcome of a section 68 review
- 70 Applicant's death after offer accepted
- 71 Invitation to nominated beneficiary to take over application
- 72 Application taken over by nominated beneficiary
- 73 Nominated beneficiary's death etc.
- CHAPTER 5 Redress payments or determinations made in error
- 74 Liability for redress payments made in error
- 75 Reconsideration of determination where possible material error
- 75A Effect of referral for reconsideration on ongoing applications
- 75B. Effect of referral for reconsideration on unpaid redress payments
- 75C. Effect of redetermination: no eligibility or no offer made
- 75D. Effect of redetermination: offer made where no previous offer or previous offer not accepted
- 75E. Effect of redetermination: offer made where previous offer accepted
- 76 Review of reconsidered determination
- 77 Outcome of a section 76 review
- 77A. Withdrawal of review request
- 77B. Liability for redress payment where offer on redetermination rejected
- 78 Power to make further provision about reconsiderations
- CHAPTER 6 Provision of information and evidence
- 79 Power of the Scottish Ministers to require the provision of evidence
- 80 Power to obtain information about previous payments
- 81 Redress Scotland's power in relation to information and evidence
- 82 Applicant access to information and evidence
- 83 Power to commission reports
- 84 Offences of failure to provide, and of tampering with, information or evidence
- 85 Individual culpability where an organisation commits an offence under section 84
- 86 Crown application in relation to offences under section 84
- 87 Confidentiality of information
- 88 Power to share information with third parties
- PART 5 Other support for survivors of abuse
- Provision of support
- 89 Provision of support to persons in connection with an application
- 90 Provision of support to certain persons eligible for a payment etc.
- Payment of costs and expenses
- 91 Reimbursement of costs incurred in connection with applications
- Payment of fees for legal work
- 92 Duty on the Scottish Ministers to pay fee for legal work in making an application
- 93 Duty on the Scottish Ministers to pay certain fees for legal work in exceptional cases
- 94 Sections 92 and 93: further provision
- 95 Assessment, notification and review of certain fee payment requests
- 96 Restriction on additional legal fees
- Liability for certain payments made in error
- 97 Liability for payments, other than redress payments, made in error
- 98 Power to make further provision about payments, other than redress payments, made in error
- PART 6 Reporting on wider redress actions
- 99 Annual report on wider redress actions
- 100 Power of the Scottish Ministers to require production of report
- 101 Power to make provision about additional redress reporting
- PART 7 General and miscellaneous
- 102 The Survivor Forum
- 103 Dissolution of the National Confidential Forum
- 104 Dissolution of Redress Scotland
- 105 Interpretation
- 106 Guidance
- 107 Regulation-making powers
- 108 Ancillary provision
- 109 Commencement
- 110 Short title
- SCHEDULE 1 Redress Scotland
- Membership
- Terms and conditions of appointment
- Equal opportunities
- Persons who may not be appointed
- Early termination of membership
- Members' remuneration and allowances
- Chief executive and other staff
- Staff pensions
- Committees
- Authority to perform functions
- Regulation of procedure
- Validity of things done
- General powers
- Funding and financial assistance
- Corporate plan
- Accounts and audit
- Annual report
- Application of public bodies legislation
- SCHEDULE 2 The National Confidential Forum
- PART 1 Continuing matters
- Confidentiality and disclosure of information
- Public records
- PART 2 Consequential modifications
- Public Appointments and Public Bodies etc. (Scotland) Act 2003
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Victims and Witnesses (Scotland) Act 2014
- National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014
- Gender Representation on Public Boards (Scotland) Act 2018
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