Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Type Act of the Scottish Parliament

Publication 2021-04-23

Last updated 2022-02-09

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Where the relevant person provides information in relation to a conviction under subsection (1), the Scottish Ministers must, as soon as reasonably practicable, provide that information to Redress Scotland.

CHAPTER 4 — Death of applicant

Nomination of a beneficiary

65

(1) An applicant for a fixed rate payment or an individually assessed payment may, as part of the application or by other notice in writing to the Scottish Ministers, nominate a person (a “nominated beneficiary”) whom the applicant would like to be invited to take over the application in the event that the applicant dies while the application is ongoing.

(2) A nomination under subsection (1) remains in force unless—

(a) the nomination is withdrawn by the applicant giving notice in writing to the Scottish Ministers, or

(b) the person who is nominated dies or, in the case of a person other than an individual, ceases to exist.

(3) In this section and in sections 66 to 73, the “application” includes, in relation to an application for a redress payment, a request for a review of the determination of that application.

Applicant’s death while application ongoing

66

(1) Where an applicant for a redress payment dies while the application is ongoing, it brings the application to an end unless—

(a) there is a nomination in force in relation to the application under section 65, and

(b) the nominated beneficiary is to be invited to take over the application by virtue of subsection (2) or (3).

(2) Where the applicant dies—

(a) after the panel appointed under section 35 to determine the application has all the information that it requires in order to do so, but

(b) while the application is ongoing,

the nominated beneficiary is to be invited to take over the application.

(3) Where the applicant dies—

(a) after making the application, but

(b) before the panel appointed under section 35 to determine the application has all the information that it requires in order to do so,

the panel must determine, in accordance with subsection (4), whether or not the nominated beneficiary is to be invited to take over the application.

(4) The panel may determine under subsection (3) that the nominated beneficiary is to be invited to take over the application only if it considers that there are exceptional circumstances which merit it.

(5) Once the panel has reached a determination under subsection (3), Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a) notify the nominated beneficiary of the determination, and

(b) provide the nominated beneficiary with a summary, provided by Redress Scotland, of the panel's reasons for reaching that determination.

(6) For the purpose of this section, an application is ongoing from the time it is made until—

(a) it is withdrawn under section 33,

(b) in a case where a determination is made under section 36 or 60 that the applicant is not eligible for, or is precluded from being offered, a redress payment, either—

(i) the period within which a review may be requested expires, no review of the determination having been requested, or

(ii) a review of the determination having been requested, the determination is upheld on review or the request for a review of the determination is withdrawn, or

(c) in a case where a determination is made (whether under section 36 or on a review) that the applicant is eligible for a redress payment, the application is brought to an end under section 49 or, as the case may be, 58.

(7) An application is also ongoing from the time either—

(a) a request to revive it is made by virtue of section 49(4) or 58(4) or it is revived under either of those sections without such a request being made, or

(b) a late request for a review is made in relation to it,

until the time any such request is rejected or withdrawn, or the application is brought to an end as mentioned in subsection (6)(b)(ii) or (c).

Access to information and evidence by nominated beneficiary

67

(1) This section applies where a nominated beneficiary—

(a) has been invited to take over an application by virtue of section 66 and the period specified in section 71(3) has not expired, or

(b) has requested a review under section 68.

(2) Redress Scotland and the Scottish Ministers must, on request, provide the nominated beneficiary with access to any information or evidence held by it or them which has been obtained by or provided to it or them in connection with the application to which the invitation or, as the case may be, the review relates.

(3) Nothing in this section authorises the disclosure of any information or evidence—

(a) that would be likely to identify any person other than the nominated beneficiary or the person in respect of whom the application to which the invitation or, as the case may be, review relates,

(b) that would be in contravention of the data protection legislation.

(4) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

Review of determination made under section 66(3)

68

(1) A nominated beneficiary who is notified of a determination under section 66(3) that the nominated beneficiary is not going to be invited to take over the application may request a review of the determination.

(2) A request for a review must—

(a) be made to the Scottish Ministers,

(b) be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the nominated beneficiary,

(d) specify why a review is being requested, and

(e) contain or be accompanied by any information the nominated beneficiary considers relevant.

(3) The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland.

(4) A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the nominated beneficiary has a good reason for not requesting a review sooner.

(5) The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c).

(6) Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 69.

Outcome of a section 68 review

69

(1) On a review under section 68, the review panel appointed under section 55 to conduct it—

(a) must consider—

(i) whether the panel which determined, under section 66(3), whether or not to invite the nominated beneficiary to take over the application ought to have reached a different determination, and

(ii) in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result,

(b) may uphold or reverse the determination.

(2) Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a) notify the nominated beneficiary of the review panel's determination, and

(b) provide the nominated beneficiary with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination.

(3) Where the review panel reverses the determination in respect of which the review was requested, the Scottish Ministers must invite the nominated beneficiary to take over the application.

(4) Where the review panel determines that the nominated beneficiary is to be invited to take over the application, the application is to be treated as having been continued by virtue of section 66(3).

(5) The determination of the review panel under this section is final.

Applicant’s death after offer accepted

70

Where an applicant for a redress payment dies—

(a) after accepting an offer of a redress payment in accordance with section 50(1), but

(b) before the redress payment is paid,

the redress payment is to be paid to the applicant's estate.

Invitation to nominated beneficiary to take over application

71

(1) This section applies where, by virtue of section 66, a nominated beneficiary is to be invited to take over an application after an applicant's death.

(2) On becoming aware that a nominated beneficiary is to be invited to take over an application, the Scottish Ministers must—

(a) notify the nominated beneficiary of the invitation to take over the application, and

(b) provide the nominated beneficiary with information about the effect of taking over the application.

(3) The nominated beneficiary has a period of 8 weeks, beginning with the date on which notice of the invitation was received by the nominated beneficiary, to—

(a) accept the invitation by giving notice in writing to the Scottish Ministers, and

(b) in a case where the nominated beneficiary is being invited to take over the application by virtue of section 66(3), provide any remaining information that the panel appointed under section 35 to determine the application requires from the nominated beneficiary in order to do so.

(4) The Scottish Ministers must—

(a) as soon as reasonably practicable after receiving notification of acceptance in accordance with subsection (3)(a), inform Redress Scotland of that acceptance, and

(b) as soon as reasonably practicable after receiving any information provided in accordance with subsection (3)(b), provide Redress Scotland with that information.

(5) Where the actions specified in subsection (3) are not taken within the period specified in that subsection, the application is to be treated as having been brought to an end by the invitation being rejected.

(6) Where the actions specified in subsection (3) are taken within the period specified in that subsection, the nominated beneficiary takes over the application.

(7) A nominated beneficiary must, on request by the Scottish Ministers, provide Ministers with such evidence as they require as to—

(a) the applicant's death,

(b) the nominated beneficiary's identity.

Application taken over by nominated beneficiary

72

(1) Where a nominated beneficiary takes over an application by virtue of section 71—

(a) the application and any review of it is, subject to section 60, to be determined by the panel on the basis of the eligibility of the applicant,

(b) any relevant payments to be deducted from a redress payment are to be based on payments made to the applicant or to which the applicant was entitled, and

(c) the question of whether a fixed rate payment or, in the case of an application made by virtue of section 30(3), an individually assessed payment has previously been paid is to be determined based on payment to the applicant or the applicant's estate,

but the nominated beneficiary is otherwise, subject to section 70 and the exceptions in subsection (3), to be treated for the purposes of this Act as taking the place of the applicant in relation to the application.

(2) Accordingly, subject to section 70 and the exceptions in subsection (3)—

(a) the nominated beneficiary is, subject to section 60, to be offered any redress payment which the applicant would, if alive, have been offered in respect of the application,

(b) the nominated beneficiary may do anything under this Act in relation to the determination of the application which the applicant could have done if alive (including seeking costs and expenses in connection with it), and

(c) any requirement imposed by this Act on the applicant in relation to the application is to be treated as being imposed on the nominated beneficiary.

(3) The exceptions referred to in subsections (1) and (2) are—

(a) for the purpose of Part 3, the nominated beneficiary is not to be treated as having applied for a redress payment,

(b) in relation to the waiver required in order to accept an offer of a redress payment, section 46(2) is not to be treated as applying to the nominated beneficiary by reason of the applicant having previously signed a waiver,

(d) the nominated beneficiary may not, in that capacity, apply for emotional or psychological support under any arrangements which may be made under section 90.

(4) Where a nominated beneficiary takes over an application after a panel appointed under section 35 to determine the application or, as the case may be, a review panel appointed under section 55 to conduct a review, has already done so, section 60 applies as if—

(a) subsection (4) of that section required the panel to make a determination under that subsection as soon as reasonably practicable after the nominated beneficiary takes over the application, and

(b) subsection (1) of that section applied to a conviction which occurred or a sentence which was imposed before the date of the determination to take place by virtue of paragraph (a).

Nominated beneficiary’s death etc.

73

(1) This section applies where a nominated beneficiary who has taken over an application dies or, as the case may be, ceases to exist.

(2) Where the nominated beneficiary dies or, in the case of a person other than an individual, ceases to exist while the application in relation to which the person is nominated is ongoing, it brings the application to an end.

(3) Where an individual is the nominated beneficiary and the individual dies—

(a) after accepting an offer of a redress payment in accordance with section 50(1), but

(b) before the redress payment is paid,

the redress payment is to be paid to the individual's estate.

(4) For the purpose of this section, the question of whether an application is ongoing is to be determined in accordance with section 66(6) and (7).

CHAPTER 5 — Redress payments or determinations made in error

Liability for redress payments made in error

74

(1) A person is liable to pay the Scottish Ministers the value of any redress payment to the extent that it is paid to the person due to a relevant error.

(2) A person's liability under subsection (1) is the difference in value between—

(a) the redress payments that are paid to the person, and

(b) the redress payments (if any) that would have been paid to the person had the relevant error not been made.

(3) Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (1), the sum may be paid—

(a) in such instalments as are agreed at the request of, or otherwise with the consent of, the person, or

(b) otherwise, as a single payment.

(4) In this section, references to a relevant error are to—

(a) an error when making a payment of a redress payment,

(b) an error which Redress Scotland determines under section 75, or, as the case may be, on a review under section 76, led to a determination under this Part being made—

(i) incorrectly, or

(ii) correctly but on the basis of incorrect or misleading information,

in a way which materially affected the determination.

Reconsideration of determination where possible material error

75

(1) Where Redress Scotland has, or the Scottish Ministers have, cause to believe that a determination under this Part may have been materially affected by an error, it or they must refer the determination for reconsideration (regardless of whether or not a payment has been made under it).

(2) A determination which is referred for reconsideration is to be considered on behalf of Redress Scotland by a panel of at least 3 members of Redress Scotland appointed by the chairing member (“a reconsideration panel”).

(3) Where Redress Scotland refers a determination for reconsideration, it must, as soon as reasonably practicable, inform the Scottish Ministers of the referral.

(4) Where a determination is referred for reconsideration by either Redress Scotland or the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable—

(a) notify the relevant person—

(i) that the determination is to be reconsidered, and

(ii) of the reasons, provided by the person who has made the referral, for the reconsideration,

(b) provide the relevant person with information about the implications of the determination being reconsidered, and

(c) allow the relevant person a period of at least 8 weeks, beginning with the date on which notice of the reconsideration was received by the person, for the person to make written representations in connection with the reconsideration.

(5) After the period for the making of representations under subsection (4)(c) has ended, the reconsideration panel must—

(a) determine whether the original determination was materially affected by an error, and

(b) if it was so affected, re-determine it on the basis of how it would have been determined had the error not been made.

(5A) Subsection (5B) applies where, in relation to an original determination which determined an application for a redress payment, the reconsideration panel determines under subsection (5)(b) that a person—

(a) is eligible for a redress payment, and

(b) is not precluded from being offered a redress payment by virtue of section 60 (as it applies by virtue of subsection (5)(b)).

(5B) In assessing the amount of the redress payment (if any) to be offered, no account is to be taken of any redress payment which has previously been paid in respect of the original determination but no entitlement to any such amount arises by virtue of section 50(2).

(6) For the purposes of other proceedings, nothing done under a reconsideration is to be taken as a finding as to whether or not a person who is referred to in the application to which the original determination relates acted, or failed to act, in a way suggested in the application.

(7) Once the reconsideration panel has conducted the reconsideration, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a) notify the relevant person of the reconsideration panel's determination, and

(b) provide the relevant person with—

(i) a summary, provided by Redress Scotland, of the reconsideration panel’s reasons for reaching that determination,

(ii) information in relation to the effect of the panel’s determination on a previous offer of a redress payment made under the original determination,

(iii) where the panel’s determination makes an offer of a redress payment, information about the period for which the offer remains valid by virtue of section 49(3) and the options available to the relevant person in respect of it.

(8) Where the reconsideration panel makes a determination, in relation to an original determination in respect of which a right of review still exists, that the original determination was materially affected by an error—

(a) the reconsideration panel’s determination takes the place of the original determination, and

(b) any review of the reconsideration panel’s determination is to be conducted under section 76.

(9) In this section and in sections 75A to 78 —

“error” means an error which led to a determination under this Part being made—incorrectly, orcorrectly but on the basis of incorrect or misleading information,

“original determination” means the determination referred for reconsideration under subsection (1),

“relevant person” means—the person who was notified of the determination which is the subject of the referral, orif that person has died—where a payment under the determination was made to the deceased person, the deceased person's estate,where a payment under the determination was, or is to be, made to another person (including the deceased person's estate), that person.

Review of reconsidered determination

76

(1) A person who is notified of a determination under section 75 may request a review of it.

(2) A request for a review must—

(a) be made to the Scottish Ministers,

(b) be made before the end of the period of 8 weeks beginning with the date on which notice of the determination was received by the person requesting the review,

(d) specify why a review is being requested, and

(e) contain or be accompanied by any information the person requesting the review considers relevant.

(3) The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland.

(4) A review may be conducted despite the request for it not being made within the period specified in subsection (2)(b) if Redress Scotland is satisfied that the person requesting the review has a good reason for not requesting a review sooner.

(5) The Scottish Ministers must publicise any requirements which are for the time being set under subsection (2)(c).

(6) Sections 55, 56 and 59(1) to (5) apply for the purposes of a review under this section as they apply for the purposes of a review under section 54, subject to the modification that the reference in section 59(1) to a determination being made under section 57 is to be read as a reference to a determination being made under section 77.

Outcome of a section 76 review

77

(1) On a review under section 76, the review panel appointed under section 55 to conduct it must consider—

(a) whether the reconsideration panel which determined, under section 75, whether the original determination was materially affected by error and, if so, how it ought to be re-determined ought to have reached a different determination, and

(b) in a case where additional evidence is provided to or obtained by the review panel, whether the application ought to be determined differently as a result.

(2) The review panel may not—

(a) reverse or vary a determination under section 75 that a person is or remains eligible for a redress payment,

(b) determine that a person is to be entitled to or, as the case may be, offered a lower amount by way of an individually assessed payment than the person was entitled to or offered under section 75, or

(c) determine that more is to be deducted in accordance with section 42 from the person's redress payment than was determined under section 75.

(3) But the review panel may otherwise uphold, reverse or vary any part of the determination (whether the request for a review relates to that part of it or not).

(4) Subsections (4) and (7) of section 36 apply to a determination as upheld, reversed or varied as they apply to a determination made under section 36, subject to the modification that references to the panel appointed under section 35 to determine the application are to be read as references to the review panel.

(4A) Subsections (4B) and (4C) apply where the review panel determines under this section that an offer of a redress payment is to be made (whether or not an offer of a redress payment was made under the determination under section 75(5)(b) which was the subject of the request for a review).

(4B) In assessing the amount of the redress payment (if any) to be offered, no account is to be taken of any redress payment which has previously been paid in respect of the original determination which was referred for reconsideration under section 75 but no entitlement to any such amount arises by virtue of section 50(2).

(4C) Section 75D or, as the case may be, 75E applies to an offer made under a determination under this section as it applies to an offer made under a determination under section 75(5)(b) subject to the following modifications—

(a) references to the relevant person are to be read as references to the person who requested the review,

(b) references to the reconsideration panel are to be read as references to the review panel appointed to conduct the review under section 76.

(5) Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a) notify the person who requested it of the review panel's determination, and

(b) provide the person with—

(i) a summary, provided by Redress Scotland, of the review panel’s reasons for reaching that determination,

(ii) information in relation to the effect of the panel’s determination on a previous offer of a redress payment made under the determination under section 75(5)(b),

(iii) where the panel’s determination makes an offer of a redress payment, information about the period for which the offer remains valid by virtue of section 49(3) and the options available to the person in respect of it.

(6) The determination of the review panel under this section is final.

(7) For the avoidance of doubt, subsection (6) does not prevent the determination of the review panel being the subject of a referral under section 75 provided that the referral relates to a different error from the one which previously led to the review.

Power to make further provision about reconsiderations

78

(1) The Scottish Ministers may by regulations make further provision about or in connection with the reconsideration of a determination under section 75 and any review of it under section 76.

(2) Regulations under subsection (1) may, in particular—

(a) make provision requiring or enabling the payment by the Scottish Ministers of fees for legal work and other costs and expenses reasonably incurred by a person who is a relevant person under section 75(9) in connection with a reconsideration,

(b) make provision for the recovery of such fees for legal work and other costs and expenses where payment of those fees, costs and expenses was due to an error,

(c) make provision allowing material changes which have occurred since the date of the original determination to be taken into account, or taken into account in particular cases, in any re-determination under section 75(5)(b),

(d) make provision in relation to the interaction of the reconsideration panel's determination with any offer that has already been accepted (including any waiver signed and returned in order to do so).

(3) Regulations under subsection (1) may modify any enactment (including this Act).

CHAPTER 6 — Provision of information and evidence

Power of the Scottish Ministers to require the provision of evidence

79

(1) The Scottish Ministers may, for a purpose mentioned in subsection (2), by notice in writing require a person, other than an applicant, to provide the Scottish Ministers on or before a specified date with—

(a) specified information, documents, objects, or other items of evidence,

(b) evidence in the form of a written statement.

(2) The purposes referred to in subsection (1) are the determination of any matter by—

(a) a panel appointed under section 35 to determine an application,

(b) a review panel appointed under section 55 to conduct a review,

(3) A person to whom a notice under subsection (1) is given may, before the end of the period of 4 weeks beginning with the date on which the notice was received by the person, make a claim to the Scottish Ministers that—

(a) the person is unable to comply with the notice, or

(b) it is not reasonable in all the circumstances to require the person to comply with the notice.

(4) The Scottish Ministers must, as soon as reasonably practicable after receiving a claim made under subsection (3), provide the claim, and any information accompanying it, to Redress Scotland.

(5) Where a claim is made under subsection (3), Redress Scotland may confirm, revoke or vary the notice to which the claim relates.

(6) A person who is required by a notice to provide documents must do so in a redacted form if—

(a) the documents contain information about another person which is irrelevant to the determination of the application to which the notice relates, and

(b) the disclosure of that information would breach an obligation of confidence.

(7) A notice does not have effect to the extent that—

(a) complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or

(b) the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in Scotland.

(8) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

Power to obtain information about previous payments

80

(1) The Scottish Ministers may, for the purpose of calculating any relevant payments to be deducted from a redress payment in accordance with section 42, by notice in writing require a person, other than an applicant, to provide the Scottish Ministers, on or before a specified date, with details of a relevant payment.

(2) A notice under subsection (1) may, in particular, require the provision of the following details—

(a) the date on which the payment was made or, as the case may be, an entitlement to it arose,

(b) the amount of the payment,

(3) A notice under subsection (1) must specify the name and date of birth of the applicant, or the person in respect of whom the application is made, to whom the relevant payment relates.

(4) A notice does not have effect to the extent that—

(a) complying with the notice would involve the disclosure of information which would contravene the data protection legislation, or

(b) the person to whom the notice applies would be entitled to refuse to comply with the notice in or for the purposes of proceedings in a court in Scotland.

(5) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

Redress Scotland’s power in relation to information and evidence

81

(1) Redress Scotland may ask the Scottish Ministers to—

(a) issue a notice under section 79,

(b) issue a notice under section 80,

(c) provide Redress Scotland with specified information, documents, objects, other items of evidence or evidence in the form of a written statement.

(2) The Scottish Ministers must comply with a request under subsection (1)(a) or (b) before the end of the period of 4 weeks beginning with the date on which the request was received by them.

(3) The Scottish Ministers must comply with a request under subsection (1)(c) before the end of such period as Redress Scotland specifies in relation to the request (which may not be less than 4 weeks beginning with the date on which the request was received by them).

Applicant access to information and evidence

82

(1) Redress Scotland and the Scottish Ministers must, on request, provide a person with access to any information or evidence held by it or them which has been obtained by or provided to it or them in connection with the person's application for a redress payment.

(2) Where the person making the request is a nominated beneficiary who has taken over the application by virtue of section 71, the information or evidence to be provided under subsection (1) includes information or evidence which has been obtained or provided in connection with the application prior to it being taken over.

(3) Nothing in this section authorises the disclosure of any information or evidence—

(a) that would be likely to identify any person other than the person making the request or the person in respect of whom the application is made,

(b) that would be in contravention of the data protection legislation.

(4) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

Power to commission reports

83

(1) The Scottish Ministers may commission or arrange the commission of such reports as they consider to be reasonably necessary for the purposes of—

(a) progressing an application for a fixed rate payment or an individually assessed payment,

(b) the determination of such an application by a panel appointed under section 35,

(d) the reconsideration of a determination in relation to such an application by a panel appointed under section 75.

(2) But no report may be commissioned under subsection (1) without the applicant's consent.

Offences of failure to provide, and of tampering with, information or evidence

84

(1) A person who is required by a notice under section 79 or 80, or asked under section 81(1)(c), to provide information, documents, objects, other items of evidence, or evidence in the form of a written statement, commits an offence if the person fails, without reasonable excuse, to comply with the notice or, as the case may be, the request.

(2) A person commits an offence if, without reasonable excuse, the person conceals, destroys, distorts or alters, or arranges for the concealment, destruction, distortion or alteration of, anything that the person knows to be required, or has reasonable grounds for believing might be required, to be provided—

(a) to the Scottish Ministers by virtue of a notice under section 79 or 80,

(b) to Redress Scotland by virtue of a request under section 81(1)(c).

(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding six months, a fine not exceeding level 3 on the standard scale, or both.

Individual culpability where an organisation commits an offence under section 84

85

(1) This section applies where—

(a) an offence under section 84 is committed by a relevant organisation, and

(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i) a responsible individual of the organisation, or

(ii) an individual purporting to act in the capacity of a responsible individual.

(2) The responsible individual (or, as the case may be, the individual purporting to act in that capacity), as well as the relevant organisation, commits the offence.

(3) “Relevant organisation” means—

(a) a company,

(b) a partnership (including a limited liability partnership),

(4) “Responsible individual” means—

(a) in the case of a company—

(i) a director, secretary, manager or similar officer, or

(ii) where the affairs of the company are managed by its members, a member,

(b) in the case of a limited liability partnership, a member,

(d) in the case of another body or association, a person who is concerned in the management or control of its affairs.

Crown application in relation to offences under section 84

86

(1) Nothing in section 84 makes the Crown criminally liable.

(2) The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Confidentiality of information

87

(1) This subsection applies to—

(a) Redress Scotland,

(b) a person who is a member of Redress Scotland,

(d) the Scottish Ministers,

(e) a person who is a member of staff of the Scottish Ministers,

(f) a person who has been given relevant information for the purpose of storing or preserving it.

(2) A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must not disclose relevant information.

(3) Subsection (2) does not prevent disclosure of relevant information by the person to the extent that—

(a) the disclosure is to another person to whom subsection (1) applies and is necessary for the purpose of enabling or assisting the carrying out by Redress Scotland or the Scottish Ministers of any of the functions conferred on it or on them under or by virtue of this Act,

(b) the disclosure is made with the consent of the person from whom the relevant information was obtained, or

(4) A person to whom subsection (1) applies (or applied at the time the relevant information was provided to that person) must disclose relevant information to a constable to the extent that the disclosure is, in the opinion of that person acting in good faith—

(a) reasonably necessary to allow the investigation of an offence involving the abuse of a child, and

(b) in the public interest.

(5) A court may order disclosure of relevant information in, or for the purposes of, civil or criminal proceedings (including for the purposes of an investigation of any offence or suspected offence).

(6) In this section, “relevant information” means any information which—

(a) has been provided to a person in connection with the carrying out of—

(i) Redress Scotland's functions, or

(ii) the Scottish Ministers' functions in relation to the redress scheme, and

(b) is not otherwise in the public domain.

88

(1) The Scottish Ministers or Redress Scotland may, where the disclosure of relevant information is necessary for a purpose mentioned in subsection (2), disclose relevant information.

(2) The purposes are—

(a) the verification or authentication of information, documents, objects or other items of evidence provided in connection with an application,

(b) the provision by the person to whom the disclosure is made of information, documents, objects, other items of evidence or evidence by written statement in relation to an application or the determination of an application,

(c) the provision by the person to whom the disclosure is made of details of any relevant payment that has been made to an applicant, or to the person in respect of whom the application is made, or to which the applicant or that person is entitled,

(d) the determination by the person to whom the disclosure is made as to whether civil proceedings commenced against the person have been commenced in contravention of section 46.

(3) Where relevant information is disclosed under this section—

(a) the person to whom the disclosure is made may only use the information or subsequently disclose it to any other person as is necessary for or in connection with a purpose mentioned in subsection (2) (including, in particular, contesting any civil proceedings commenced in contravention of section 46), and

(b) any other person to whom the information is subsequently disclosed may only use it for the purpose for which it was disclosed to that person under paragraph (a).

(4) In this section, “relevant information” means such information as the Scottish Ministers consider, or, as the case may be, Redress Scotland considers, reasonably necessary for a purpose mentioned in subsection (2), which may, in particular, include—

(a) the name and date of birth of an applicant,

(b) the name and date of birth of a person in respect of whom an application is made (where not the applicant),

(d) the approximate dates that an applicant or, as the case may be, a person in respect of whom the application is made was resident in the relevant care setting to which an application relates,

(e) whether an applicant has signed a waiver under section 46 and, if so, the information contained in that waiver.

(5) Nothing in this section authorises a disclosure of any information that would be in contravention of the data protection legislation.

(6) In this section, “the data protection legislation” has the meaning given by section 3(9) of the Data Protection Act 2018.

PART 5 — Other support for survivors of abuse

Provision of support

Provision of support to persons in connection with an application

89

(1) The Scottish Ministers may make arrangements (contractual or otherwise) for or in connection with the provision of support to persons who—

(a) are, or may be, considering making an application for a redress payment, or

(b) have decided to make, or have made, such an application.

(2) In this section, “support” means such emotional, psychological or practical support as the Scottish Ministers consider necessary given the person's needs in connection with—

(a) the decision whether to make an application,

(b) the making of an application.

Provision of support to certain persons eligible for a payment etc.

90

(1) The Scottish Ministers may make arrangements (contractual or otherwise) for or in connection with the provision of support to persons who meet one or more of the following—

(a) the conditions in subsection (2),

(b) the conditions in subsection (3), or

(2) The conditions in this subsection are that—

(a) the person has applied for a redress payment other than a next of kin payment,

(b) the panel appointed under section 35 to determine the application or, as the case may be, the review panel appointed under section 55 to conduct a review has determined that the person is eligible for a redress payment, and

(i) the person has accepted an offer of a redress payment by signing and returning a waiver under section 46, or

(ii) the person is not receiving a payment only because of the deduction of a relevant payment in accordance with section 42(4).

(3) The conditions in this subsection are that—

(a) the person has applied for a redress payment other than a next of kin payment,

(b) the panel appointed under section 35 to determine the application or, as the case may be, the review panel appointed under section 55 to conduct a review has determined under section 60 that the person is precluded from being offered a redress payment, and

(c) that panel or, as the case may be, a review panel appointed to conduct a review under section 62 has determined that the person would otherwise have been eligible for a redress payment.

(4) The condition in this subsection is that the person has previously received a payment under the advance payment scheme.

(5) In this section, “support” means such emotional or psychological support in connection with the abuse to which the application relates as the Scottish Ministers consider necessary, given the person's needs, and for such period as they consider appropriate.

Payment of costs and expenses

Reimbursement of costs incurred in connection with applications

91

(1) The Scottish Ministers must by regulations make provision—

(a) requiring the reimbursement by them, on request, of the costs and expenses reasonably incurred by an applicant in connection with an application for a redress payment under section 29 (whether or not the application was successful, and whether or not it was subsequently withdrawn),

(b) enabling the reimbursement by them, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person who did not subsequently apply, where Ministers' assessment (or the assessment on a review) is that the request discloses exceptional or unexpected circumstances which justify the reimbursement of those costs and expenses.

(2) Regulations under subsection (1) must make provision requiring the Scottish Ministers to—

(a) notify the person who made the request of Ministers' assessment of the amount (if any) to be reimbursed in response to the request, and

(b) provide the person with a summary of the reasons for their assessment.

(3) Regulations under subsection (1) may, in particular, make provision about—

(a) the types of costs and expenses which may be reimbursed,

(b) limits on the amount that may be reimbursed in respect of specified types of costs and expenses,

(c) any process by which confirmation that anticipated costs and expenses are reasonable can be obtained before they are incurred,

(d) the time limit for making a request,

(e) the required content and form of a request,

(f) the information and evidence to be provided in or with a request,

(g) the factors to be considered by the Scottish Ministers in assessing the reasonableness of the costs and expenses for which reimbursement is requested,

(h) reviews by Redress Scotland of assessments made by the Scottish Ministers by virtue of this section.

Payment of fees for legal work

Duty on the Scottish Ministers to pay fee for legal work in making an application

92

(1) The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work reasonably undertaken in making an application for a redress payment on behalf of a person (whether or not the application was successful, and whether or not it was subsequently withdrawn).

(2) Where the Scottish Ministers have cause to believe that the legal work to which a request relates may not have been reasonably undertaken in making an application for a redress payment, it is for Redress Scotland to decide the question.

(3) For the purpose of subsection (1), where legal work is undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment, that work is not to be treated as having been undertaken in making an application for a redress payment unless advice and assistance was also given on any of the matters mentioned in subsection (4).

(4) Those matters are—

(a) a person's eligibility to make an application for a redress payment,

(b) which type of redress payment to apply for,

(d) whether to accept an offer of a redress payment and sign a waiver under section 46,

(e) whether to request a review of the offer under section 54,

(f) the review process.

Duty on the Scottish Ministers to pay certain fees for legal work in exceptional cases

93

(1) The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work mentioned in subsection (2) where Redress Scotland's assessment is that there are exceptional or unexpected circumstances which justify the payment of the prescribed sum.

(2) That legal work is the legal work Redress Scotland considers is reasonably undertaken in connection with a proposed application by a person who sought legal advice on the person's eligibility to apply for a redress payment, but did not subsequently apply.

(3) The Scottish Ministers must, on request, pay to a solicitor such additional sum as is specified by Redress Scotland in respect of the legal work reasonably undertaken in making an application for a redress payment, or in connection with a proposed application, where Redress Scotland's assessment is that there are exceptional or unexpected circumstances which justify the payment of an additional sum.

Sections 92 and 93: further provision

94

(1) A request under section 92(1) or 93(1) or (3) is referred to in this Act as a “fee payment request”.

(2) A fee payment request may be made only by a solicitor who has acted for a person in relation to an application for a redress payment, or a proposed application, submitting a request to the Scottish Ministers.

(3) The Scottish Ministers may by regulations—

(a) make further provision about fee payment requests, including about—

(i) the time limit for making a request,

(ii) any steps that must be taken prior to making a request (including any assessment of whether those steps have been taken and notification and review of the outcome of that assessment),

(iii) the required content and form of a request,

(iv) the information and evidence to be provided in or with a request,

(b) make provision about legal work, undertaken in connection with particular types of advice and assistance, which is or is not to be regarded as reasonably undertaken for the purpose of assessing whether a sum is to be paid.

(4) For the purpose of sections 92(1) and 93(1), “prescribed”, in relation to a sum, means prescribed by the Scottish Ministers in regulations under this subsection.

(5) Regulations under subsection (3) may modify any enactment (including this Act).

(6) Regulations under subsection (4) may prescribe sums or scales of sums and the conditions under which such sums will be payable.

Assessment, notification and review of certain fee payment requests

95

(1) The Scottish Ministers must, as soon as reasonably practicable after receiving it, send Redress Scotland—

(a) any fee payment request made under section 92(1) which gives rise to a requirement for a decision of the type mentioned in section 92(2),

(b) any fee payment request made under section 93(1),

(2) On receipt of a request under subsection (1), Redress Scotland must assess it and inform the Scottish Ministers of the outcome of that assessment.

(3) Once the Scottish Ministers have been informed of the outcome of Redress Scotland's assessment under subsection (2), they must, as soon as reasonably practicable—

(a) notify the solicitor who made the request of the outcome, and

(b) provide the solicitor with a summary, provided by Redress Scotland, of Redress Scotland's reasons for its assessment.

(4) A solicitor may ask Redress Scotland to review its assessment where—

(a) in the case of a fee payment request mentioned in subsection (1)(a), the outcome is that no sum is to be paid,

(b) in the case of a fee payment request mentioned in subsection (1)(b), the outcome is that no sum is to be paid,

(i) no additional sum is to be paid, or

(ii) the additional sum to be paid is lower than the sum requested.

(5) The Scottish Ministers may by regulations make further provision about reviews by Redress Scotland of assessments of fee payment requests, including about—

(a) the time limit for requesting a review,

(b) the required content and form of a request for a review,

(d) the notification of the outcome of a review,

(e) the suspension of the payment of a sum in respect of the work until a request for a review is determined,

(f) the payment of a sum in respect of the work where the outcome of a review is that the sum is to be paid.

Restriction on additional legal fees

96

(1) This section applies where a solicitor receives a payment under section 92 or 93 in respect of the legal work reasonably undertaken—

(a) in making an application for a redress payment on behalf of a person, or

(b) in connection with a proposed application by a person who sought legal advice on the person's eligibility to apply for a redress payment, but did not subsequently apply.

(2) Other than a payment made under or by virtue of this Act, the solicitor may not accept any payment (directly or indirectly) in respect of the legal work undertaken in making the application for a redress payment or, as the case may be, in connection with the proposed application for one.

(3) But subsection (2) does not prevent payment being accepted for any legal work undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment to the extent that such advice and assistance goes beyond that which is necessary or appropriate as part of the legal work undertaken in making an application or, as the case may be, in connection with a proposed application.

Liability for certain payments made in error

Liability for payments, other than redress payments, made in error

97

(1) This section applies where a payment mentioned in subsection (2) is made by the Scottish Ministers due to a relevant error.

(2) The payment referred to in subsection (1) is a payment made—

(a) in respect of a report commissioned under or by virtue of section 83(1),

(b) by virtue of arrangements made under section 89 or 90 for or in connection with the provision of support,

(c) by virtue of regulations under section 91 providing for the reimbursement of costs and expenses incurred in connection with the making of an application for a redress payment or a proposed application for such a payment, or

(d) under section 92 or 93 in respect of fees for legal work undertaken in making an application for a redress payment or in connection with a proposed application for such a payment.

(3) A person—

(a) to whom the payment was made, or

(b) who received payment in respect of the report, support or, as the case may be, the matter in relation to which costs or expenses were reimbursed,

is liable to pay the Scottish Ministers the value of the payment to the extent that it is paid due to a relevant error.

(4) A person's liability under subsection (3) is the difference in value between—

(a) the payment made to or received by the person, and

(b) the payment (if any) that would have been made or received had the relevant error not been made.

(5) Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (3), the sum may be paid—

(a) in such instalments as are agreed at the request of, or otherwise with the consent of the person, or

(b) otherwise, as a single payment.

(6) But the Scottish Ministers may not seek to recover any sum—

(a) where the payment is in respect of a report commissioned under or by virtue of section 83(1), from the applicant in relation to whom the report was obtained,

(b) where the payment is in respect of support provided by virtue of arrangements made under section 89 or 90, from the person to whom the support was provided,

(c) where the payment is in respect of reimbursement of costs or expenses by virtue of regulations under section 91, from the person who requested the reimbursement,

(d) where the payment is in respect of fees for legal work paid under section 92 or 93, from the applicant or other person on whose behalf the work was undertaken.

(7) In this section, references to a relevant error are to—

(a) an error when making the payment,

(b) an error which the Scottish Ministers consider led to the decision to make the payment being made—

(i) incorrectly, or

(ii) correctly but on the basis of incorrect or misleading information,

in a way which materially affected the decision.

(8) But an error in making a redress payment in relation to which a payment mentioned in subsection (1) was made is not a relevant error for the purpose of this section.

Power to make further provision about payments, other than redress payments, made in error

98

(1) The Scottish Ministers may by regulations make further provision about or in connection with the consideration by them as to whether decisions to make payments to which section 97 applies were materially affected by error.

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) the procedure for such consideration,

(b) review of decisions following such consideration,

(c) requiring or enabling the payment by the Scottish Ministers of fees for legal work and other costs and expenses reasonably incurred by a person in connection with such consideration or review,

(d) the recovery of such fees for legal work and other costs and expenses where payment of those fees, costs and expenses was due to an error.

(3) Regulations under subsection (1) may modify any enactment (including this Act).

PART 6 — Reporting on wider redress actions

Annual report on wider redress actions

99

(1) Before the end of the period of 2 months beginning with the last day of each reporting period, a relevant person must prepare and send to the Scottish Ministers a report on the actions which the person has taken during the reporting period to redress the historical abuse of children (a “redress report”).

(2) A redress report must, in particular, include—

(a) information about any support which the relevant person has provided for individuals who were abused as children, for example—

(i) funding for emotional, psychological or practical support,

(ii) advice and assistance on accessing historical records,

(iii) advice and assistance on tracing and reuniting families,

(iv) activity relating to the provision of an apology to such individuals,

(b) such information as the relevant person considers appropriate about any other support which the relevant person has provided for individuals who were abused as children,

(3) But a redress report must not, unless and to the extent that subsection (4) applies, include—

(a) the name of any individual, or

(b) any other information which could reasonably be used to identify any individual.

(4) This subsection applies where—

(a) the relevant person consults an individual, and

(b) that individual gives the relevant person notification of the individual's consent to be identified in the report.

(5) The Scottish Ministers must—

(a) collate the information from the redress reports sent to them under subsection (1) into a combined report for the year to which the reports relate, and

(b) publish the combined report.

(6) Where a person prepares a redress report and sends it to the Scottish Ministers despite not having a duty under subsection (1) to do so, the Scottish Ministers may collate the information from that report into the combined report to be published under subsection (5).

(7) In this section—

“relevant person” means, in relation to a reporting period, a person included in the contributor list during the first 9 months of the reporting period,

“reporting period” means—in the case of the first redress report, the period of 12 months beginning with the day this section comes into force,each successive period of 12 months until a date specified in regulations made by the Scottish Ministers.

Power of the Scottish Ministers to require production of report

100

(1) This section applies where—

(a) the Scottish Ministers consider that a person has a duty under section 99(1) to prepare a redress report and send it to Ministers, and has failed to comply with that duty, or

(b) an application for a redress payment which results in an offer of a redress payment involves a person (other than an individual) who is not included in the contributor list on the date the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 determines that the applicant is eligible for the redress payment.

(2) The Scottish Ministers may give a direction (a “reporting direction”) requiring the person to prepare a redress report and send it to Ministers before the end of—

(a) the period of 3 months beginning with the date on which the direction was given, or

(b) such longer period as Ministers specify in the direction.

(3) A person to whom a reporting direction is given must comply with it.

(4) If the Scottish Ministers consider that a person to whom a reporting direction is given has failed to comply with it, they may publish the fact that the person has failed to do so.

(5) The Scottish Ministers may revise or revoke a reporting direction.

Power to make provision about additional redress reporting

101

The Scottish Ministers may by regulations make provision requiring a person who is a relevant person for the purpose of section 99 to include an additional statement in—

(a) the person's annual report, or

(b) an equivalent document,

on the support as described in paragraphs (a) and (b) of section 99(2) which the person has provided during a period specified in the regulations or, where no such support has been provided, that fact and the reasons why.

PART 7 — General and miscellaneous

The Survivor Forum

102

(1) The Scottish Ministers must establish and maintain a forum, known as the Survivor Forum, consisting of—

(a) survivors of historical child abuse in care in Scotland,

(b) such other persons as Ministers consider appropriate.

(2) The purpose of the Forum is to provide feedback to the Scottish Ministers and Redress Scotland on the exercise of the functions conferred on them or on it under or by virtue of this Act.

(3) But the Forum may not provide feedback on the determinations made in relation to redress payments in individual cases.

(4) The Scottish Ministers may pay Forum members such allowances and expenses as they consider appropriate.

(5) The Scottish Ministers may by regulations—

(a) make further provision about or in connection with the Forum,

(b) make provision for the dissolution of the Forum in connection with or following the dissolution of Redress Scotland under section 104.

(6) Regulations under subsection (5) may modify any enactment (including this Act).

Dissolution of the National Confidential Forum

103

(1) The committee known as the National Confidential Forum (“NCF”) provided for under section 4ZA(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 is dissolved.

(2) Schedule 2 makes further provision in consequence of subsection (1).

Dissolution of Redress Scotland

104

(1) The Scottish Ministers may by regulations make provision for the dissolution of Redress Scotland.

(2) Regulations under subsection (1) may be made only if—

(a) the application period has ended,

(b) the Scottish Ministers are satisfied that there are no ongoing—

(i) applications for redress payments,

(ii) fee payment requests under section 92 or 93, and

(c) Redress Scotland no longer has, or no longer will have as a result of the regulations, any of the functions mentioned in section 7.

(3) Regulations under subsection (1) may make provision—

(a) modifying or bringing to an end any function of Redress Scotland,

(b) transferring any function of Redress Scotland to—

(i) the Scottish Ministers, or

(ii) any other body.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) Redress Scotland,

(b) such other persons as they consider appropriate.

(5) Regulations under subsection (1) may modify any enactment (including this Act).

Interpretation

105

(1) In this Act—

“abuse” has the meaning given by section 19,

“advance payment scheme” has the meaning given by section 42(7),

“application period” is to be construed in accordance with section 31,

“child” is to be construed in accordance with section 18(3) and (4),

“child of the deceased person” has the meaning given by section 28(4),

“contributor list” has the meaning given by section 14(2)(a),

“fee payment request” is to be construed in accordance with section 94(1),

“fixed rate payment” is to be construed in accordance with section 38,

“individually assessed payment” is to be construed in accordance with section 39,

“NCF” is to be construed in accordance with section 103(1),

“next of kin payment” is to be construed in accordance with section 40,

“nominated beneficiary” has the meaning given by section 65(1),

“notify” means doing so by giving notice in writing,

“reconsideration panel” has the meaning given by section 75(2),

“redress payment” means a payment made under Part 4 of this Act,

“redress report” has the meaning given by section 99(1),

“redress scheme” has the meaning given by section 2,

“Redress Scotland” means the body established under section 3(1),

“relevant care setting” is to be construed in accordance with section 20,

“relevant payment” is to be construed in accordance with section 42(2),

“resident” has the meaning given by section 22,

“review panel” has the meaning given by section 55(1),

“scheme contributor” has the meaning given by section 14(2)(b),

“specified next of kin” is to be construed in accordance with section 28,

“summary of options” is to be construed in accordance with section 9(3),

“voluntary organisation” means a body (other than a public authority) the activities of which are carried on otherwise than for profit.

(2) In this Act, in construing references to a person having previously received or, as the case may be, been paid a redress payment—

(a) the deduction from that payment of a relevant payment in accordance with section 42 is to be ignored,

(b) a person who has accepted a redress payment which is still to be paid (in instalments or otherwise) is to be treated as having received it or been paid it, as the case may be.

Guidance

106

(1) The Scottish Ministers may issue guidance about the operation of this Act.

(2) A person to whom guidance issued under subsection (1) applies must have regard to it.

(3) Guidance issued under subsection (1) may, in particular, include provision about—

(a) the exercise of a function of Redress Scotland under or by virtue of this Act,

(b) eligibility to apply for redress payments, and the meaning of any expression used in Part 3,

(c) the sources and types of information or evidence that an application for a redress payment under section 29 may or must contain or be accompanied by, and the circumstances where it might be appropriate for Redress Scotland to seek information or evidence in determining an application,

(d) the determination of applications under section 36, including the standard of proof to be applied and the operation of the presumption mentioned in subsection (3) of that section,

(e) the length of time that should be taken to consider an application before providing a determination and, where relevant, an offer of a redress payment,

(f) the assessment of applications for individually assessed payments for the purpose of section 39,

(g) the assessment under section 60 of whether or not applicants or other persons with convictions for serious offences are precluded from being offered a redress payment,

(h) the meaning of “exceptional circumstances” for the purpose of section 66(4),

(i) the meaning of “exceptional or unexpected circumstances” for the purposes of sections 91(1)(b) and 93(1) and (3),

(j) the duty in relation to reporting on wider redress actions imposed on relevant persons under section 99.

(4) In issuing guidance under subsection (1), the Scottish Ministers must have regard to any recommendations included, by virtue of paragraph 17(2) of schedule 1, in an annual report prepared by Redress Scotland.

(5) As soon as reasonably practicable after issuing guidance under subsection (1), the Scottish Ministers must lay a copy of the guidance before the Scottish Parliament.

(6) The Scottish Ministers must make guidance issued under subsection (1) publicly available.

(7) The power to issue guidance under subsection (1) includes the power to—

(a) issue guidance which varies guidance issued under that subsection,

(b) revoke guidance issued under that subsection.

(8) For the purpose of this section, guidance about the operation of this Act issued before the day this section comes into force is to be regarded as guidance issued under subsection (1).

Regulation-making powers

107

(1) Any power of the Scottish Ministers to make regulations under this Act includes the power to make—

(a) different provision for different purposes,

(b) incidental, supplementary, consequential, transitional, transitory or saving provision.

(2) Regulations under the following provisions are subject to the affirmative procedure—

(a) section 20(4),

(b) section 23(1),

(d) section 42(6),

(e) section 47,

(f) section 61(2),

(g) section 78(1),

(h) section 98(1),

(i) section 102(5)(b),

(j) section 104(1).

(3) Regulations under the following provisions are subject to the negative procedure—

(a) section 41,

(b) section 44(2)(e),

(d) section 94(4),

(e) section 95(5),

(f) section 99(7),

(g) section 101,

(h) paragraph 2(5) of schedule 1.

(4) Regulations under sections 94(3), 102(5)(a) and 108—

(a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(b) otherwise, are subject to the negative procedure.

(5) This section does not apply to section 109.

Ancillary provision

108

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2) Regulations under this section may modify any enactment (including this Act).

Commencement

109

(1) This section and sections 105, 107, 108 and 110 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under this section may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

(4) Regulations under this section bringing section 31 into force may amend subsection (1)(a) of that section so that, instead of referring to the day that section comes into force, it specifies the date that section actually came into force.

Short title

110

The short title of this Act is the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.

SCHEDULE 1

Membership

1

(1) Redress Scotland is to consist of—

(a) a member appointed by the Scottish Ministers to chair Redress Scotland, and

(b) at least 5 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers must appoint as members only persons having such skills, knowledge and expertise as the Scottish Ministers consider relevant to the carrying out of the functions of Redress Scotland.

(3) The Scottish Ministers may appoint a member to—

(a) deputise for the person appointed under sub-paragraph (1)(a),

(b) act during any period when—

(i) there is no person appointed under that sub-paragraph, or

(ii) that person is unable to act.

Terms and conditions of appointment

2

(1) A member is appointed for such period (being not less than 3 years and not more than 5 years) as the Scottish Ministers determine.

(2) The Scottish Ministers may reappoint as a member of Redress Scotland a person who is, or has been, a member.

(3) References in this Act to a member's appointment include that member's reappointment.

(4) Subject to paragraph 5, an appointed member holds and vacates office on such terms and conditions as the Scottish Ministers determine.

(5) The Scottish Ministers may by regulations amend sub-paragraph (1) by substituting a different number for any number for the time being mentioned there.

Equal opportunities

3

(1) When appointing members of Redress Scotland, the Scottish Ministers must do so in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunity requirements.

(2) “Equal opportunities” and “equal opportunity requirements” have the meanings given in Section L2 of Part 2 of schedule 5 of the Scotland Act 1998.

Persons who may not be appointed

4

A person may not be appointed as a member of Redress Scotland if—

(a) the person is—

(i) a member of the Scottish Parliament,

(ii) a member of the House of Commons,

(iii) a member of the House of Lords,

(iv) a councillor of a local authority,

(v) an office-holder in the Scottish Administration,

(b) the person is disqualified—

(i) as a company director under the Company Directors Disqualification Act 1986,

(ii) as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,

(iii) under any disqualification provision analogous to either of those mentioned in paragraphs (i) and (ii) anywhere in the world.

Early termination of membership

5

(1) A member of Redress Scotland, including the chairing member, may resign by giving notice in writing to the Scottish Ministers.

(2) A person's appointment as a member of Redress Scotland ceases if, during the person's period of appointment, either paragraph (a) or paragraph (b) of paragraph 4 applies to the person.

(3) The Scottish Ministers may, by giving notice in writing, remove a member of Redress Scotland if the member—

(a) becomes insolvent,

(b) has been absent from 3 consecutive meetings of Redress Scotland without—

(i) the permission of the Scottish Ministers, or

(ii) reasonable excuse,

(i) unable or unfit to perform any of the functions of a member,

(ii) unsuitable to continue as a member.

(4) For the purpose of sub-paragraph (3)(a), a person becomes insolvent if—

(a) the person's estate is sequestrated,

(b) the person grants a trust deed for creditors or makes a composition or arrangement with creditors,

(d) a voluntary arrangement proposed by the person is approved,

(e) the person's application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002,

(f) the person becomes subject to any other order or arrangement analogous to any of those mentioned in paragraphs (a) to (e) anywhere in the world.

(5) The Scottish Ministers may suspend a member of Redress Scotland if they consider that there is a need to investigate whether there are grounds for a member to be removed under sub-paragraph (3).

(6) The suspension of a member under sub-paragraph (5) continues until the Scottish Ministers—

(a) remove the member under sub-paragraph (3), or

(b) notify the member and Redress Scotland that their decision is not to remove the member under sub-paragraph (3).

Members’ remuneration and allowances

6

Redress Scotland must pay each member such remuneration and allowances (including expenses) as the Scottish Ministers determine.

Chief executive and other staff

7

(1) Redress Scotland is to appoint, as a member of staff, a chief executive.

(2) Redress Scotland is to appoint each chief executive with the approval of the Scottish Ministers.

(3) The chief executive may not be a member of Redress Scotland.

(4) Redress Scotland may appoint other staff.

(5) The chief executive and other staff are appointed on such terms and conditions as the Scottish Ministers determine.

Staff pensions

8

(1) Redress Scotland may pay or make arrangements for the payment of pensions and allowances to, or in respect of, any person who is or has been a member of staff of Redress Scotland.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions and allowances,

(b) providing and maintaining schemes for the payment of those pensions and allowances.

Committees

9

(1) Redress Scotland may establish committees for any purpose relating to its functions.

(2) Redress Scotland may appoint a person who is not a member of Redress Scotland to be a member of a committee.

(3) Redress Scotland may pay to a person who is not a member of Redress Scotland and who is appointed to a committee such remuneration and allowances (including expenses) as the Scottish Ministers determine.

(4) A committee must comply with any directions given to it by Redress Scotland.

Authority to perform functions

10

(1) Redress Scotland may authorise—

(a) any of its members,

(b) any committee established by it,

to perform such of its functions (and to such extent) as it may determine.

(2) But Redress Scotland may not authorise any person to perform any of the following functions—

(a) approving its corporate plan,

(b) approving any annual budget or financial plan,

(d) its functions under section 7.

(3) The giving of authority under sub-paragraph (1) to perform a function does not—

(a) affect Redress Scotland's responsibility for the performance of the function,

(b) prevent Redress Scotland from performing the function itself.

Regulation of procedure

11

The rules of procedure of Redress Scotland and that of any of its committees, including the quorum at any meeting, are to be—

(a) prepared by Redress Scotland, and

(b) approved by the Scottish Ministers.

Validity of things done

12

The validity of anything done by Redress Scotland or any of its committees is not affected by—

(a) a vacancy in membership,

(b) a defect in the appointment of a member,

General powers

13

(1) Redress Scotland may do anything which it considers to be—

(a) necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

(b) otherwise conducive to the performance of its functions.

(2) But Redress Scotland may not—

(a) borrow money from a person other than the Scottish Ministers,

(b) hold or maintain land or other property, except with the consent of the Scottish Ministers.

Funding and financial assistance

14

(1) The Scottish Ministers may provide such financial assistance to Redress Scotland as they consider appropriate.

(2) For the purposes of sub-paragraph (1), “financial assistance” includes grants, loans, guarantees and indemnities.

(3) The Scottish Ministers may attach conditions (including conditions as to repayment or the repayment of interest) in respect of any financial assistance provided.

(4) The Scottish Ministers may, from time to time after the financial assistance is provided, vary the conditions referred to in sub-paragraph (3).

Corporate plan

15

(1) Redress Scotland must submit a corporate plan to the Scottish Ministers.

(2) Sub-paragraph (1) must be complied with as soon as reasonably practicable after the day this paragraph comes into force.

(3) The corporate plan must set out—

(a) the main objectives of Redress Scotland,

(b) the outcomes by reference to which the achievement of those objectives will be assessed,

(4) The corporate plan may include such other material as Redress Scotland considers appropriate.

(5) The Scottish Ministers must—

(a) approve the corporate plan,

(b) approve the corporate plan with any modifications they consider appropriate, or

(6) Where the Scottish Ministers intend to approve the corporate plan with modifications, they must consult Redress Scotland before doing so.

(7) If sub-paragraph (5)(b) or (c) applies, Redress Scotland must, as soon as reasonably practicable, modify the corporate plan and submit the modified plan to the Scottish Ministers.

(8) Sub-paragraphs (5) to (7) apply to the corporate plan as modified.

(9) As soon as reasonably practicable after it is approved by the Scottish Ministers—

(a) Redress Scotland must publish the corporate plan, and

(b) the Scottish Ministers must lay a copy of the corporate plan before the Scottish Parliament.

(10) Redress Scotland—

(a) may revise the corporate plan at any time, and

(b) must revise the corporate plan when required to do so by the Scottish Ministers.

(11) Sub-paragraph (1) and sub-paragraphs (3) to (10) apply to a revised corporate plan as they apply to the first corporate plan.

Accounts and audit

16

(1) Redress Scotland must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(2) Redress Scotland must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1).

(3) The Scottish Ministers must, as soon as reasonably practicable after receiving a copy statement of accounts from Redress Scotland, send it to the Auditor General for Scotland for auditing.

Annual report

17

(1) Redress Scotland must, as soon as practicable after the end of each financial year, prepare a report on its activities during that year, including—

(a) the audited statement of accounts for the year,

(b) a general description of its main activities during the year,

(c) an assessment of the achievement of its objectives during the year by reference to the outcomes set out in the corporate plan for the period which includes that year,

(d) an assessment of whether applicants for redress payments appear to have had the opportunity to make informed choices,

(e) an assessment of the accessibility and suitability of guidance available to applicants on the sources and types of information or evidence that applications for redress payments may or must contain or be accompanied by, with reference to the information and evidence considered by it in determining applications,

(f) any other information which the Scottish Ministers require.

(2) The report may include recommendations, including in relation to the assessments which Redress Scotland has carried out by virtue of sub-paragraph (1)(c), (d) and (e).

(3) Redress Scotland must—

(a) send a copy of the report to the Scottish Ministers,

(b) publish the report.

(4) The Scottish Ministers must lay a copy of the report before the Scottish Parliament.

Application of public bodies legislation

18

In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3 (devolved public bodies), at the appropriate place in alphabetical order insert— “ Redress Scotland ”.

19

In the Scottish Public Services Ombudsman Act 2002, in schedule 2 (listed authorities), after paragraph 32AA insert—

(32AB) Redress Scotland.

20

In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (others), after paragraph 75B insert—

(75BA) Redress Scotland.

21

In the Public Services Reform (Scotland) Act 2010—

(a) in schedule 5 (improvement of public functions: listed bodies), under the heading “Scottish public authorities with mixed functions or no reserved functions”, at the appropriate place in alphabetical order insert— “ Redress Scotland ”,

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.