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
articles Not indexed
Reform history JSON API
  • (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,
  • (c) where no support as described in paragraphs (a) and (b) has been provided by the relevant person, the reasons why.
  • (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),
  • (c) section 31(2),
  • (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),
  • (c) section 91(1),
  • (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,
  • (c) is, in the opinion of the Scottish Ministers—
  • (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,
  • (c) the person is adjudged bankrupt,
  • (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,
  • (c) any member of its staff,

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,
  • (c) approving annual reports or accounts,
  • (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,
  • (c) a person's membership having ended under paragraph 5.

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,
  • (c) a general description of the main activities which Redress Scotland plans to undertake.
  • (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
  • (c) decline to approve the corporate plan.
  • (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
  • (c) send a copy of the statement to the Scottish Ministers.
  • (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 ”,
  • (b) in schedule 8 (listed public bodies), at the appropriate place in alphabetical order insert— “ Redress Scotland ”.
22

In the Public Records (Scotland) Act 2011, in the schedule, under the heading “Others”, at the appropriate place in alphabetical order insert— “ Redress Scotland ”.

23

In the Procurement Reform (Scotland) Act 2014, in Part 3 of the schedule (others), after paragraph 42 insert—

(42A) Redress Scotland

.

24

In the Gender Representation on Public Boards (Scotland) Act 2018, in schedule 1 (public authorities), at the appropriate place in alphabetical order insert—

Redress Scotland

.

SCHEDULE 2

PART 1 — Continuing matters

Confidentiality and disclosure of information

1
  • (1) This sub-paragraph applies to—
  • (a) the Mental Welfare Commission for Scotland (“the Commission”),
  • (b) a person who is or has been a member of the Commission,
  • (c) a person who is or has been an employee of the Commission,
  • (d) a person who has been a member of the NCF,
  • (e) a person who is given relevant information for the purpose of storing or preserving it.
  • (2) A person to whom sub-paragraph (1) applies must not disclose relevant information.
  • (3) Sub-paragraph (2) does not prevent disclosure of relevant information by the person to the extent that—
  • (a) the disclosure is to another person to whom sub-paragraph (1) applies and is necessary for the purpose of enabling or assisting the carrying out by the Commission of any of its functions,
  • (b) the disclosure is necessary for the purpose of enabling the Commission to prepare its annual report, or
  • (c) the disclosure is in accordance with sub-paragraph (4).
  • (4) A court may order disclosure of relevant information in, or for the purposes of, civil or criminal proceedings (including for the purposes of the investigation of any offence or suspected offence) if it is satisfied that—
  • (a) the disclosure is necessary in the interests of justice, and
  • (b) the extent of the disclosure is necessary in the interests of justice.
  • (5) In this paragraph, “relevant information” means any information which—
  • (a) has been provided to a person in connection with the carrying out by the Commission of any of its functions which relate to the functions that, prior to its dissolution, were the NCF's functions, and
  • (b) is not otherwise in the public domain.

Public records

2

Section 1 of the Public Records (Scotland) Act 2011 (records management plans) is to be read as if after subsection (8) there were inserted—

(8A) The Mental Welfare Commission for Scotland must continue to have a separate records management plan for the public records created in carrying out the National Confidential Forum's functions prior to its dissolution under section 103 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.

.

PART 2 — Consequential modifications

Public Appointments and Public Bodies etc. (Scotland) Act 2003

3
  • (1) The Public Appointments and Public Bodies etc. (Scotland) Act 2003 is amended as follows.
  • (2) In schedule 2, under the heading “Offices”, the words “NCF Head and any other member of the National Confidential Forum established under section 4ZA(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003” are repealed.

Mental Health (Care and Treatment) (Scotland) Act 2003

4
  • (1) The Mental Health (Care and Treatment) (Scotland) Act 2003 is amended as follows.
  • (2) Sections 4ZA to 4ZD are repealed.
  • (3) In schedule 1—
  • (a) in paragraph 2A(1)(b), for “7 nor more than 9” substitute “ 6 nor more than 8 ”,
  • (b) in paragraph 2B(2)—
  • (i) after paragraph (a), insert “ and ”,
  • (ii) paragraph (c) is repealed, together with the word “and” immediately preceding it.
  • (4) Schedule 1A is repealed.

Victims and Witnesses (Scotland) Act 2014

5
  • (1) The Victims and Witnesses (Scotland) Act 2014 is amended as follows.
  • (2) Sections 30 and 31 are repealed, together with the italic heading immediately preceding section 30.

National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014

6

The National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014 (S.S.I. 2014/193) is revoked.

Gender Representation on Public Boards (Scotland) Act 2018

7
  • (1) The Gender Representation on Public Boards (Scotland) Act 2018 is amended as follows.
  • (2) In schedule 1, the entry relating to the National Confidential Forum is repealed.

Overview of Act

Establishment

Eligibility to apply for a redress payment

Application for a redress payment

Provision of support to persons in connection with an application

Annual report on wider redress actions

The Survivor Forum

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

Confidentiality and disclosure of information

Public records

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

Editorial notes

1

S. 94(3)-(6) in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

2

Sch. 1 para. 18 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

3

Sch. 1 para. 19 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

4

Sch. 1 para. 20 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

5

Sch. 1 para. 21 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

6

Sch. 1 para. 22 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

7

Sch. 2 para. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

8

Sch. 1 para. 23 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

9

Sch. 1 para. 24 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

10

Sch. 2 para. 7 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

11

Sch. 2 para. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

12

Sch. 2 para. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

13

Sch. 2 para. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

14

Sch. 2 para. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

15

S. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

16

S. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

17

S. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

18

S. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

19

S. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

20

S. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

21

S. 8 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

22

S. 10 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

23

S. 11 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

24

S. 12 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

25

S. 13 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

26

S. 14 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

27

S. 15 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

28

S. 16 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

29

S. 17 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

30

S. 23 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

31

S. 47 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

32

S. 78 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

33

S. 87 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

34

S. 89 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

35

S. 90 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

36

S. 91 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

37

S. 95(5) in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

38

S. 98 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

39

S. 102 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

40

S. 103 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

41

S. 106 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

42

Sch. 1 para. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

43

Sch. 1 para. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

44

Sch. 1 para. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

45

Sch. 1 para. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

46

Sch. 1 para. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

47

Sch. 1 para. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

48

Sch. 1 para. 7 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

49

Sch. 1 para. 8 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

50

Sch. 1 para. 9 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

51

Sch. 1 para. 10 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

52

Sch. 1 para. 11 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

53

Sch. 1 para. 12 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

54

Sch. 1 para. 13 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

55

Sch. 1 para. 14 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

56

Sch. 1 para. 15 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

57

Sch. 1 para. 16 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

58

Sch. 1 para. 17 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

59

Sch. 2 para. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

60

S. 95(1)-(4) in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

61

S. 7 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

62

S. 9 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

63

S. 18 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

64

S. 19 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

65

S. 20 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

66

S. 21 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

67

S. 22 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

68

S. 24 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

69

S. 25 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

70

S. 26 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

71

S. 27 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

72

S. 28 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

73

S. 29 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

74

S. 30 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

75

S. 31 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

76

S. 32 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

77

S. 33 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

78

S. 34 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

79

S. 35 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

80

S. 36 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

81

S. 37 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

82

S. 38 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

83

S. 39 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

84

S. 40 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

85

S. 41 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

86

S. 42 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

87

S. 43 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

88

S. 44 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

89

S. 45 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

90

S. 46 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

91

S. 48 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

92

S. 49 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

93

S. 50 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

94

S. 51 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

95

S. 52 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

96

S. 53 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

97

S. 54 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

98

S. 55 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

99

S. 56 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

100

S. 57 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

101

S. 58 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

102

S. 59 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

103

S. 60 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

104

S. 61 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

105

S. 62 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

106

S. 63 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

107

S. 64 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

108

S. 65 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

109

S. 66 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

110

S. 67 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

111

S. 68 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

112

S. 69 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

113

S. 70 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

114

S. 71 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

115

S. 72 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

116

S. 73 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

117

S. 74 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

118

S. 75 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

119

S. 76 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

120

S. 77 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

121

S. 79 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

122

S. 80 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

123

S. 81 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

124

S. 82 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

125

S. 83 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

126

S. 84 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

127

S. 85 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

128

S. 86 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

129

S. 88 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

130

S. 92 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

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