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

• (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

[^key-c7d9598f3326d467a329e7356e833d88]: S. 94(3)-(6) in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-bdfca3cfcb08b6bcb1c5aa9615928547]: Sch. 1 para. 18 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-18f90f2c4750ad56620587f23b273d2f]: Sch. 1 para. 19 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-321e8dd4fd53d8f509c69204329ec6e7]: Sch. 1 para. 20 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-8fe2bba42cff04c10714f55cd85db79c]: Sch. 1 para. 21 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-016b349f40cc5577496cebe6fa754953]: Sch. 1 para. 22 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6fa731d7398e16232a6753a0dcc87d10]: Sch. 2 para. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-95c1a15e9e86c2f885121856392146d6]: Sch. 1 para. 23 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-a49e7f69f096c8ac8720f9e6126db573]: Sch. 1 para. 24 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-8b81a0bceeb8ec6a8999fdf329c8092a]: Sch. 2 para. 7 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-2aeba8c3da64ec27e19bb76a7a761a13]: Sch. 2 para. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-d610a4215e48fab001909a12facf7767]: Sch. 2 para. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-f3f3b31518f58282b3783f1131bac506]: Sch. 2 para. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-5cff610b3c5a8b01d4d44b5766c45d4e]: Sch. 2 para. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-aa39411ef29228e43024a46d4b956873]: S. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-0bce3a1ef5189f84d8ca45880c5c937f]: S. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-8c8001db61dfa5a26c7281d13ed87fd5]: S. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-cfa8941819f51b3e92f44f3910084d0c]: S. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-8add998abc92a2c7c717d7433206a757]: S. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6e9c01b54b856b10d5111e04a817960e]: S. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-ccfbdb07f58433db3154fa29f6e7378d]: S. 8 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-d162c967f9886652c7dc18d42d0a737e]: S. 10 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-77e428ff1d141ce2bb45c004c60be1a7]: S. 11 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-deeb784e6e0f16bdfe1d1df2cfdd6c8d]: S. 12 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-98ce4a2107717ddf2350843c7648a52a]: S. 13 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-ead51600a7d2d5c9fcc90386eaa224ad]: S. 14 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6dd5cc7f9cc9d1aed97a487ef39e4793]: S. 15 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6c4cb9a69ba086d5440586c8d9b779a9]: S. 16 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-2b8361f8031f3695a86faa39d472cfe5]: S. 17 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-288f63e50479076a3c09fe2794b91c26]: S. 23 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-184df42e64731922537ffc6a328a60ee]: S. 47 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-0aa0baa992c8bb4c6d3e64646152302c]: S. 78 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-c54701206952188a3a3382858ad05434]: S. 87 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-1aaff8f374cb2806a23baec93bafc2f1]: S. 89 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-91681a4ecc962177fcf2932ffc2c2904]: S. 90 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-21abc4a7e33a7b6041d69073f2f3e720]: S. 91 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-ff8b9aeb426e35ca0abf9ca1469d2e7c]: S. 95(5) in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-5c7adfc17a9878dafedca81ac9df5562]: S. 98 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-d026794ca67df08c4cccb3a533c8bc71]: S. 102 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-ee75ccbcae944539457c116ea326f9db]: S. 103 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-02a5e7a1b26d31a0bf28a091db68b466]: S. 106 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-85b05146e0ab4909e1fecac93b2c3dbf]: Sch. 1 para. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-8e86c09aa8bf47ea9f540005dbf80f1f]: Sch. 1 para. 2 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6640f9fe373d9cbc51ef8f1c98938e73]: Sch. 1 para. 3 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-a782e4cbae8fd0aa9b5af0144c8a396b]: Sch. 1 para. 4 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-0672c46129ca6a9eeda57a5a6bc2b351]: Sch. 1 para. 5 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-fd4a1b3aa70eacb208f563689260b1ef]: Sch. 1 para. 6 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-a4b4de06607c58eebd7955656b5bfcbf]: Sch. 1 para. 7 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-b424f60a7b4b9adacf534474e10fc585]: Sch. 1 para. 8 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-af19cad8cbc0d8a47780eb106a78fc8e]: Sch. 1 para. 9 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-1b8d992b39dc2e47253de81d53d73f47]: Sch. 1 para. 10 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-c11b8128956c642cf7615a743151bc73]: Sch. 1 para. 11 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-6d8b94d03ed47fcb50f4ee9c6c018294]: Sch. 1 para. 12 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-f439495d593a123f335623df41936277]: Sch. 1 para. 13 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-dc7dd08dcfdf132f1f4baa0bb2f2978c]: Sch. 1 para. 14 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-b7325a13975749e9e80aaac0a3aadeea]: Sch. 1 para. 15 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-df5f042c81d4ab9587e40aa32fb3be4d]: Sch. 1 para. 16 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-e27c040cf41d3d85879f6334f5e1025f]: Sch. 1 para. 17 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-7cc3d9b1f8ed31ad372d004ff358e707]: Sch. 2 para. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

[^key-c614175e96e8760b576dbd483972268b]: S. 95(1)-(4) in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b3c3bd06e992f17a2f42406636c29d81]: S. 7 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9b5580bd24c84a9d0d4fbadb62dd9d53]: S. 9 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9e8d8e8c0333f9d92ee493642b4ca664]: S. 18 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-8d9c73167351fa25e934ea28c62e9fc9]: S. 19 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-e9bd2969340f720c2bc6a804daf7f95c]: S. 20 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-bafc4f3ee4e542be378631a3232bba13]: S. 21 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a5bfeff62840424ccec7e463211477f9]: S. 22 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-ec66d1379431ed73461f7e83bdee5846]: S. 24 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-71baff8dd21a333e3a8a66ce5409b065]: S. 25 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-0aac56a99e460cacd482dbbfc4276983]: S. 26 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-e82e6990923802432ca29e0dddca0a2e]: S. 27 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-d15d6d06815c00373887ad199cdc40cd]: S. 28 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-2989d5ab04b865dfc0cc194c054f7837]: S. 29 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-6d774bced7fe57b78d716f7b510293bd]: S. 30 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-c5cc0657d32c6299e1b22b4634ce987b]: S. 31 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a44fc15aa8a3cca990727db8df2f6ab9]: S. 32 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-357b20dd5bd7bbd98ecd3dcc226f2a6d]: S. 33 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-bdd77cdcdcb392fffcafc489dcea0622]: S. 34 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-596e3957859f98f57f12f924328ffced]: S. 35 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-bfa3723e401d39399739cbe9a30bf50c]: S. 36 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a1dabd3215bebdd579e725d2b892d6e6]: S. 37 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-3e3e02adec919deceee921e18ccef544]: S. 38 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-d3747900d3522b3a7b63935f42347483]: S. 39 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b8c791e04d4c8f7fb0aac28f761cc4aa]: S. 40 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-d8b8f4c4fef9b300e09ad5a129229e38]: S. 41 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-31b364ea20a5dcfea8c61333ced7182a]: S. 42 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-27d4dde2b0a9410e4a5acf98dcf32506]: S. 43 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-bba2470bbbb71f25e36a77c2b556d8b4]: S. 44 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-6522228e925426e9dbff1435e831bd34]: S. 45 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a4fc8ee4bf982ec7fb0b8eb403fd183e]: S. 46 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-4ff40adb8ea28671eb36fd16f91c3fa2]: S. 48 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-c74a0e66cd5048d80ef5404669456022]: S. 49 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-cb84cea29d9a89d188deb2d4540682f0]: S. 50 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-6b922f5aa47a7931f8ef52a7b264e8b6]: S. 51 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-5cdf3754d791137c83227455a44c485f]: S. 52 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-3febd6a74311b43e9b945ce2ab9e7e7f]: S. 53 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-7587c8c9a2726a480b9072db174e9019]: S. 54 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-d471dd7281f7c861cab8f0134dced03f]: S. 55 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-4725779330120111e3bcf96862042553]: S. 56 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b92623a33c1fbd2c58fb59dfbea2f01e]: S. 57 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-784167036786f3c07ca06ac91d4eacd4]: S. 58 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-bf4c2c0ffcc67c7a391c1d61ab22cde7]: S. 59 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-c627de4eb4ad5dac67c6a8f5419f703c]: S. 60 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-6230e41b629d0b8ddfa5f3f22538f789]: S. 61 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-2656e401f57bfc15c7ecbf6b826fc46e]: S. 62 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-2d9fa6b1ba374ffca37314d38f8a21ec]: S. 63 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b582334565769e91c6d3e81100c271d8]: S. 64 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9c2c6fa7c692701bb1a1a13906815cff]: S. 65 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9d3b2d82f808891eff2206355a8b42d7]: S. 66 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a9d57a8c93cc650fdc9498eff062c1bb]: S. 67 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-134d9c564c382c33fa3448f9993bd456]: S. 68 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-4be364726afd8843eab55cbb496794d4]: S. 69 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-276fbe6f5bb28d3aff9d3e1e5cb8201c]: S. 70 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b8725bbec6a17482003d43f5208725df]: S. 71 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-f26fa8da95c8176ded97260df2f1624e]: S. 72 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-d63eb7b2b7afbaf187dc07949d912267]: S. 73 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-ca7b58a33254d263a08947a8ac2a2857]: S. 74 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-ae00c14c782be9d9d172b0e2176b36f5]: S. 75 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-c65c046df6e1bd558a338137b98b9182]: S. 76 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-ac4dca55e863f1b43978be8691004c61]: S. 77 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-81ed68f7a03b8e51558f56460b040fa1]: S. 79 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-618b908e823054d71d9f7bafe571704d]: S. 80 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b3e48eb4c88074a99ed683c077fd79cb]: S. 81 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-a7b7dbcfec9884b1d0b72a81a112f5b2]: S. 82 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-6a1781079a6b683f61ed3f2bca3e8c1c]: S. 83 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9886b1c7b61d703d84a2acd13e9b4a66]: S. 84 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-3993041224024ba6285889c4dcf51e56]: S. 85 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-5fbdc1cfd58587ba883db4fb39f1564b]: S. 86 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-f81a95930346178c43fed8c03e3f0132]: S. 88 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b2b90b9ad55b7babd9a9389c2da7ddd9]: S. 92 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-8929e4020687e24566a9764acd36649c]: S. 93 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-7767a95c2ca409d3511abd5a7133d525]: S. 94(1)(2) in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-9dda059733b8feae504bec1dd9a08581]: S. 96 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-b86fb06b1ea3f9fd7bb2d79f707f5ea3]: S. 97 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-7c75d5ebf6fca284bc6ff49c13a57c19]: S. 99 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-dc1e244e0a297a0e4880a988ef756685]: S. 100 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-0034faf71e6bbae7f683201ea1e5d573]: S. 101 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-51a67e99df701adde13727bc34e8dc90]: S. 104 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2

[^key-5672d977a722a92ed43fddbe01d25107]: Ss. 75A-75E inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 25

[^key-d9463e64425f7ef90117babe8799576c]: Ss. 77A, 77B inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 27

[^key-68be66e8cf98e6d2569a7cea70df0177]: S. 46(4)(a)(b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 23(2)

[^key-419787f2cdf92b254744cbeb5e15c6d7]: Words in s. 46(6) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 23(3)(a)

[^key-2ad3687cc91ab5f4cb87c01055494d09]: Words in s. 46(6) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 23(3)(b)

[^key-aad0bdc00684f456b0a84bddba1f1823]: S. 75(5A)(5B) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 24(2)

[^key-390cdb8676b0a789b124e31878347173]: S. 75(7)(b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 24(3)

[^key-cf0c1d7b84744b39d7e7d0eda229c7ef]: S. 75(8) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 24(4)

[^key-1c199238161be2b303c8e245d5b7fcef]: Words in s. 75(9) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 24(5)(a)

[^key-a18bacb24fbfbf435147894222ef9b7a]: Words in s. 75(9) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 24(5)(b)

[^key-cf3f55d59ea03019644139d4f6908169]: Words in s. 77(2)(a) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 26(2)

[^key-dee938618fe388b493aa1c7b89a4dcb3]: S. 77(4A)-(4C) inserted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 26(3)

[^key-cdbb68c96843505d246f610167b3822c]: S. 77(5)(b) substituted (9.2.2022) by The Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (S.S.I. 2022/44), regs. 1(1), 26(4)

75A

• (1) This section applies where—

• (a) an offer of a redress payment was made under the original determination,

• (b) at the point at which the original determination was referred for reconsideration, the offer had not been accepted and the period for which the offer (or, as the case may be, the offer as revived under section 49(4) or 58(4)) is valid had not ended.

• (2) From the point at which the original determination is referred for reconsideration—

• (a) the offer is suspended (and any purported acceptance of it while it is suspended is of no effect),

• (a) where a request for a review of the original determination has been made but not determined, the review is paused.

• (3) Where the reconsideration panel determines under section 75(5)(a) that the original determination was not materially affected by an error—

• (a) the offer is revived,

• (b) subsections (4) and (5) apply, and

• (c) any review paused by virtue of subsection (2)(b) is resumed.

• (4) Where the original determination was made under section 36, sections 49 to 53 apply subject to the following modifications—

• (a) references to the applicant are to be read as references to the relevant person,

• (b) in section 49—

• (i) in subsection (3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(a)”, and

• (ii) in subsections (3)(b) and (4), the references to the panel appointed under section 35 are to be read as references to the reconsideration panel,

• (c) in section 51(1), the reference to the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 is to be read as a reference to the reconsideration panel.

• (5) Where the original determination was made on a review, sections 50 and 58 apply subject to the following modifications—

• (a) references to the applicant are to be read as references to the relevant person,

• (b) in section 58(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(a)”, and

• (c) in section 58(3)(b) and (4), the references to the review panel are to be read as references to the reconsideration panel.

75B

• (1) This section applies where—

• (a) an offer of a redress payment was made under the original determination,

• (b) at the point at which the original determination was referred for reconsideration, the offer had been accepted but payment (in whole or in part) had not been made.

• (2) From the point at which the original determination is referred for reconsideration, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is suspended.

• (3) Where the reconsideration panel determines under section 75(5)(a) that the original determination was not materially affected by an error, any entitlement to the redress payment (or any unpaid part of it) under section 50(2) is restored.

75C

• (1) This section applies where a reconsideration panel determines under section 75(5)(b) that a person—

• (a) is not eligible for a redress payment,

• (b) is so eligible but no redress payment is to be offered (for example, due to the deduction of relevant payments), or

• (c) is precluded from being offered a redress payment by virtue of section 60 (as it applies by virtue of section 75(5)(b)).

• (2) Any waiver signed and returned in accordance with section 46 in respect of an offer made under the original determination is of no effect.

75D

• (1) This section applies where the reconsideration panel determines under section 75(5)(b) that an offer of a redress payment is to be made and—

• (a) no offer of a redress payment was made under the original determination, or

• (b) such an offer was made but, at the point at which the original determination was referred for reconsideration, the offer had not been accepted.

• (2) Subject to subsection (3), sections 46, 47 and 49 to 53 apply to the offer made under section 75(5)(b) as they apply to an offer made under a determination under section 36 but subject to the modification that references in those sections to—

• (a) the applicant (other than the reference in the definition of “relevant abuse” in section 46(6)) are to be read as references to the relevant person, and

• (b) the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 are to be read as references to the reconsideration panel.

• (3) Sections 46, 47 and 49 to 53 are subject to the following further modifications—

• (a) in section 46(2), for “an applicant to whom subsection (3) applies” substitute “, where subsection (3) applies, the relevant person”,

• (b) in section 46(3), for “to an applicant for an individually assessed payment who” substitute “where the application to which the original determination relates is an application for an individually assessed payment and the applicant in relation to that application”,

• (c) for section 49(1), substitute—

(1) A relevant person to whom an offer of a redress payment is made under section 75(5)(b) may— (a) accept the offer in accordance with section 50(1), (b) reject the offer in accordance with subsection (1A), or (c) request a review of the offer in accordance with section 76. (1A) An offer of a redress payment made under section 75(5)(b) is rejected by the relevant person giving the Scottish Ministers notice in writing that the offer is rejected.

,

• (d) in section 49(2), for “neither” substitute “none”,

• (e) in section 49(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(b)”.

75E

• (1) This section applies where the reconsideration panel determines under section 75(5)(b) that an offer of a redress payment is to be made (“the new offer”) and—

• (a) an offer of a redress payment was made under the original determination (“the original offer”), and

• (b) at the point at which the original determination was referred for reconsideration, the original offer had been accepted.

• (2) Where the new offer is an offer of the same amount as the original offer—

• (a) the new offer is deemed to have been accepted in accordance with section 50(1),

• (b) any waiver signed and returned in accordance with section 46 in respect of the original offer continues to have effect,

• (c) subject to the modification in subsection (3), sections 50(2) to (4) and 51 to 53 apply to the new offer as they apply to an offer made under a determination under section 36, and

• (d) references in those sections to—

• (i) the applicant are to be read as references to the relevant person, and

• (ii) the panel appointed under section 35 or, as the case may be, a review panel appointed under section 55 are to be read as references to the reconsideration panel.

• (3) The modification referred to in subsection (2)(c) is, in section 50(4), after “section 46” insert “(as modified by section 75D(2)(a))”.

• (4) Where the new offer is not an offer of the same amount as the original offer, sections 49 to 53 apply to the new offer as they apply to an offer made under a determination under section 36 but subject to the modification that references in those sections to—

• (a) the applicant are to be read as references to the relevant person, and

• (b) the panel appointed under section 35 or, as the case may be, review panel appointed under section 55 are to be read as references to the reconsideration panel.

• (5) Where subsection (4) applies, sections 49 and 50 are subject to the following further modifications—

• (a) for section 49(1), substitute—

(1) A relevant person to whom an offer of a redress payment is made under section 75(5)(b) may— (a) accept the offer in accordance with section 50(1), (b) reject the offer in accordance with subsection (1A), or (c) request a review of the offer in accordance with section 76. (1A) An offer of a redress payment made under section 75(5)(b) is rejected by the relevant person giving the Scottish Ministers notice in writing that the offer is rejected.

,

• (b) in section 49(2)—

• (i) for “neither” substitute “none”, and

• (ii) for “rejected” substitute “accepted”,

• (c) in section 49(3)(a), for “the date on which the offer was received by the applicant” there is substituted “the date on which the relevant person received notification of the determination under section 75(5)(b)”.

• (d) for section 50(1) substitute—

(1) An offer of a redress payment made under a determination under section 75(5)(b) is accepted by the relevant person giving the Scottish Ministers notice in writing that the offer is accepted.

,

• (e) in section 50(2)(a), after “subsection (1)” insert “or, as the case may be, treated as accepted under section 49(2)”,

• (f) in section 50(4), after “section 46” insert “(as modified by section 75D(2)(a))”.

• (6) Where the relevant person accepts the new offer or is treated as having accepted the new offer under section 49(2), any waiver signed and returned in accordance with section 46 in respect of the original offer continues to have effect.

• (7) Where the relevant person rejects the new offer, any waiver signed and returned in accordance with section 46 in respect of the original offer is of no effect.

• (8) For the avoidance of doubt, in a case where the original offer relates to an application for an individually assessed payment made by virtue of section 30(2) or, as the case may be, (3), subsection (7) does not apply to any waiver signed in relation to an offer of a redress payment made previously to or in respect of the applicant.

77A

• (1) This section applies where—

• (a) a request for a review under section 76 is withdrawn in accordance with section 59 (as applied by section 76(6)), and

• (b) the request relates to a review of a determination under section 75(5)(b) under which an offer of a redress payment was made.

• (2) The period for which the offer remains valid under section 49(3), or any longer period which had been determined under that section prior to the request for a review being made, is to be extended by the number of days in the period—

• (a) beginning with the date on which the request for a review was made, and

• (b) ending with the date on which the request was withdrawn.

77B

• (1) This section applies where—

• (a) an offer of a redress payment was made under the original determination (“the original offer”),

• (b) the offer had been accepted in accordance with section 50(1) and payment (in whole or in part) had been made,

• (c) the reconsideration panel determines under section 75(5)(b) or, as the case may be, a review panel determines under section 77 that an offer of a redress payment is to be made (“the new offer”), and

• (d) the relevant person or, as the case may be, the person who requested the review rejects the new offer.

• (2) The person is liable to pay the Scottish Ministers the value of any redress payment paid in respect of the original offer (whether or not that person is also liable to pay any amount by virtue of section 74).

• (3) Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (2), the sum may be paid—

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

• (b) otherwise, as a single payment.