Chapter 1: Determination of applications for redress payments.
Applications
Section 29: Application for a redress payment
74.Subsection (1) sets out the three types of redress payment for which an application can be made to the Scottish Ministers during the time that the redress scheme is open for applications. These payments are: a fixed rate payment, an individually assessed payment and a next of kin payment. The Scottish Ministers must set out the requirements in relation to the form in which the application must be made as well as the evidential requirements. These requirements must be publicised by the Scottish Ministers (subsection (6)).
75.Subsection (3) provides that, as a general rule (subject to section 30), only one application may be made for a redress payment in respect of a person who was abused. However, applications can relate to one or more relevant care settings (subsection (2)). This means that a person applying for a redress payment can normally only make one application, but that the application can relate to all of their time spent in care (where eligible for the redress scheme). As the rule about the number of applications is tied to the person who was abused, this would allow someone who had been abused in care and whose now deceased spouse had also been abused in care to make both an application in respect of their own abuse and a next of kin application in respect of their deceased spouse (subject to the rest of the eligibility criteria).
76.Subsection (4) places a duty on the Scottish Ministers to provide the summary of options (prepared under section 9) to an applicant at the point at which an application to the redress scheme is received.
77.The Scottish Ministers must provide any application received, and the accompanying information, to Redress Scotland (subsection (5)).
Section 30: Cases where more than one application permitted
78.This section explains that in certain circumstances more than one application to the redress scheme is permitted.
79.Subsection (2) allows for an individually assessed application to be submitted where the person previously successfully applied for a fixed rate payment. This is, however, subject to the rule in section 39(3)(a) which ensures that any fixed rate payment which was previously paid is taken into account in determining the subsequent application for an individually assessed payment.
80.Subsection (3) allows a person to make a further application to Redress Scotland for an individually assessed payment. This is allowed where a previous application for such a payment resulted in the person accepting a payment below the maximum level of payment available under the scheme (level 5, £100,000), and where Redress Scotland is satisfied that a further application is justified on particular grounds (although existence of a ground alone does not guarantee that Redress Scotland will be satisfied that a further application is justified; Redress Scotland might not be so satisfied if it is clear that the level of redress payment would nonetheless remain the same under section 39(4)). The grounds on which a further application may be justified are that either:
there is new evidence which the person had a reasonable excuse for not providing at the time of the previous application (for example, because new records have come to light since the initial determination was made), or
regulations under section 20(4) of the Act have changed the eligibility criteria of the redress scheme (for example, where a residential institution at which an applicant had been abused and which was not covered by the scheme at the point of the initial determination then comes within the scope of the scheme as a consequence of regulations being made under section 20(4) to expand the definition of “residential institution”).
81.The further application will be determined by Redress Scotland under the provisions of the Act for determining applications, taking into account the new evidence or change in eligibility criteria reflected in the further application. This may result in an offer of a redress payment being made at a higher level than under the previous determination, although that will depend on the individual circumstances. Any redress payment which was previously paid under the first application is taken into account in determining the subsequent application and is deducted from any new offer (see section 39(3)(b)).
82.Subsection (4) states that a next of kin application may be made by a person where a deceased person previously applied for a fixed rate payment or an individually assessed redress payment and the circumstances allow the person to apply for a next of kin payment under section 24(1). The circumstances are set out in more detail in paragraphs 50 to 57 of these Notes but such an application is only permitted where the deceased person’s application did not result in a redress payment being made.
83.Subsection (5) allows a further next of kin application to be made by another child of the deceased for a proportion of the next of kin payment in order to ensure that separate applications by children can be accommodated.
84.Subsection (6) allows for an application to be made where an application has been withdrawn under section 33 and the application is for a type of redress payment that the person would have been able to apply for had the withdrawn application not been made. For example, someone who withdrew an application for an individually assessed payment could submit another application of that type. However, whether they could apply for a fixed rate payment would depend upon whether they had already previously made and persisted with an application for that. It would also not allow them to make an application for a next of kin payment in respect of someone else unless that was something they would always have been eligible to apply for.
85.Subsection (7) allows for a redress payment to be made where an application for a payment has previously resulted in a determination under section 60 that the person was precluded from being offered a redress payment and where an appeal in respect of a conviction or sentence means that section 60 no longer applies to the application.
86.Subsection (8) allows for an application to be made where an application previously ended without a person receiving a redress payment, but Redress Scotland is satisfied that special circumstances exist which justify allowing the application to be made. This provision would, for example, be capable of covering a case where someone was previously determined to be ineligible for a redress payment or precluded from being offered such a payment, or where they simply chose not to accept the redress payment which was previously offered to them. It would also cover where they had applied for an individually assessed payment but received nothing because they had already previously received a fixed rate payment under an application for one and the determination was that the payment of a further sum was not appropriate.
87.Subsection (9) states that special circumstances may include the person’s individual circumstances or the availability of new evidence (provided there was a good reason why that evidence was not provided in the original application), or regulations under section 20(4) having altered eligibility to apply for a redress payment.
Section 31: Application period
88.This section provides that the scheme will be open to applicants until whichever is the later of the end of the period of five years from the day this section comes into force (i.e. the date the financial redress scheme opens for applications) and the day falling two years after the Scottish Child Abuse Inquiry publishes its final report. Subsection (2) provides that the Scottish Ministers have the power to extend the application period beyond that period by regulations subject to the affirmative procedure.
89.Subsection (3) as read with subsection (4) provides that if, at the point 15 months before the scheme is due to end, regulations under subsection (2) have not already been made or are not at that point lying before the Parliament for it to approve the extension of the scheme, the Scottish Ministers will be under a duty to carry out a review of whether the scheme should be extended for a further period (by making such regulations). Subsection (5) requires that the Scottish Ministers publish the findings of any review and lay them before the Scottish Parliament.
Section 32: Pausing of application
90.A redress application may be paused, or resumed after being paused, at the request of the applicant (made in writing to the Scottish Ministers), at any time before a determination has been made. In relation to “writing”, see paragraph 60 of these Notes.
91.The Scottish Ministers must notify Redress Scotland of a request once it is received by the Scottish Ministers. Once Redress Scotland receives this request, the determination of the application must be stopped until the application is resumed by the applicant requesting this, or until it is withdrawn (as provided for under section 33).
92.Subsection (5) states that where an application is paused under this section, it is to be treated as being withdrawn on the final day of the application period unless the applicant requests that their application should be resumed or withdrawn on or before the final day. This provides a longstop date in the event that there is no further engagement by the applicant with the paused application.
Section 33: Withdrawal of application
93.A redress application may be withdrawn by a request in writing from the applicant to the Scottish Ministers at any time before a determination is made under section 36. In relation to “writing”, see paragraph 60 of these Notes.
94.The Scottish Ministers must notify Redress Scotland of this request as soon as is practicable. Where Redress Scotland is notified of such a request, Redress Scotland must bring any further determinations which relate to the application to an end.
95.Where an application is withdrawn, it is to be treated for the purpose of section 24(3)(a) as though the application had never been made. The relevance of this is discussed further at paragraph 52 of these Notes.
Determination of applications
Section 34: Prioritisation of applications
96.This section states that the chairing member of Redress Scotland must decide an order of priority for processing all applications, paying particular attention to the age and health of the applicant (to the extent that this is disclosed either in the application or otherwise). For example, the processing of applications from applicants who are terminally ill could be prioritised.
Section 35: Decision-making panels
97.This section lays out the minimum number of Redress Scotland panel members required to assess a fixed rate application (two members), a next of kin application (two members), and an individually assessed application (three members). Panels are to be appointed by the chairing member of Redress Scotland.
Section 36: Determination of applications
98.This section explains that, upon receipt of an application, the Redress Scotland panel appointed to consider it will determine the eligibility of the applicant for the type of redress payment applied for. The standard of proof against which an applicant’s eligibility for a redress payment will be determined is the civil standard of “on the balance of probabilities”.
99.This means that the eligibility criteria will be met if it is determined that the applicant has demonstrated that it was “more likely than not” that abuse of the survivor took place, prior to 1 December 2004, in the eligible care setting where the survivor was resident as a child.
100.Where the applicant is a next of kin applicant, the same standard of proof would also apply to any questions as to their eligibility to apply as next of kin (for example any question as to whether they had cohabitated with the survivor, in a relationship that was akin to that of spouses/civil partners, for at least 6 months immediately prior to the survivor’s death).
101.If satisfied about eligibility, the panel must then determine the amount to be awarded. The panel will assess the application based on the information provided in the application, any further information requested by and provided to the panel, and anything else the panel deems relevant.
102.Subsection (3) ensures that the starting point for the panel when considering an application is that the information provided by the applicant is to be presumed to be true and accurate to the best of the applicant’s knowledge and belief. While this presumption is the starting point, it can be overturned. The effect is that the applicant will submit the application in the knowledge that, as a starting point, there will be a presumption of credibility in favour of their account.
103.Subsection (4) provides that Redress Scotland has no power to rule on or determine any person’s civil or criminal liability when considering applications (which would be the role of a court).
104.The process for determining an application is to be determined by Redress Scotland (having regard to any guidance which may be issued about the matter under section 106). Subsection (6) states that once the application has been determined by Redress Scotland, it must inform the Scottish Ministers, who will then notify the applicant of the outcome of the determination and the reasons for the determination, and provide the applicant with the summary of options (prepared under section 9). Where a payment is offered, the Scottish Ministers must also inform the applicant of the timings and options available to them in relation to the potential acceptance (or not) of a payment. Paragraph 60 of these Notes applies equally to the form of notice of a determination under this section.
105.Subsection (7) provides that neither the offer of redress, nor the failure to make such an offer, can be relied on in other proceedings as evidence that the acts complained of occurred or did not occur.
Section 37: Assessment of amount of redress payment
106.This section lays out the information to be considered when deciding on the amount (if any) to be offered to an applicant. In order for any payment to be offered, the panel must be satisfied of the following matters:
that the applicant meets the eligibility criteria to apply for a redress payment under section 18;
where the application is for a next of kin payment, that the applicant meets the additional eligibility requirements relating to that (as set out in section 24);
that the application meets the requirements provided for under section 29 to the extent that they apply (for example, any requirements as to the information or evidence that must be included with an application for a next of kin payment),
and that the applicant is not precluded from being offered a redress payment under section 60 (which relates to serious unspent criminal convictions).
107.Subsection (3) sets out how the payment should be calculated, taking into account any relevant deductions that must be applied (see section 42). The payments are then made based on the category of applicant and whether the payment is of a fixed rate payment, an individually assessed payment, or a next of kin payment. Subsection (3)(b) acknowledges that someone who has previously applied for and received a fixed rate payment might not be awarded anything more upon making a subsequent application for an individually assessed payment. It also acknowledges that this could equally apply to someone who has previously applied for and received an individually assessed payment and who is permitted to make a second application for that in light of new evidence.
108.Subsection (4) provides that where the application relates to more than one relevant care setting it is only one determination of a redress payment that can be made to cover all establishments in which the person resided.
Payment levels
Section 38: Fixed rate payment
109.This section sets out the amount of the fixed rate payment, which is £10,000.
Section 39: Individually assessed payment
110.This section sets out the amounts of individually assessed payments that can be offered by the panel depending on the nature, severity, frequency and duration of the abuse suffered and any other factor that is considered relevant. An individually assessed payment is a payment of £10,000 (a fixed rate payment), together with such further sum (if any) as the panel considers appropriate. As such, the total amount received (subject to any deductions) will be £20,000 for a level 1 payment, £40,000 for a level 2 payment, £60,000 for a level 3 payment, £80,000 for a level 4 payment or £100,000 for a level 5 payment. However, there may be cases where the panel determines that no payment is appropriate beyond the fixed rate payment.
111.Subsection (3)(a) sets out that if a fixed rate payment has previously been made to a person, no further fixed rate payment will be made when deciding upon the individually assessed payment. Accordingly, someone who was assessed as being due a level 2 payment would be offered £30,000 (subject to any deductions) to reflect the fact that the £10,000 fixed rate payment had already been received.
112.Similarly, subsection (3)(b) sets out that if an additional application is being made by virtue of section 30(3) (where Redress Scotland is satisfied that there is new evidence which the applicant had a reasonable excuse for not providing at the time of the previous application and which justifies a further application) any previous redress payment paid to the applicant will be deducted from any payment that falls due to them as a result of the determination of the further application and the new evidence.
Section 40: Next of kin payment
113.This section states that the next of kin payment is the equivalent of the relevant share of the fixed rate payment (£10,000). The next of kin payment which can be made under the redress scheme will either be made to one person, or shared. Where the person eligible to receive the next of kin payment is the spouse, civil partner or cohabitant of the deceased person to whom the application relates, the full fixed rate payment will be made to them.
114.In circumstances where the next of kin payment is to be made to a child of the deceased person, the payment will be divided by the number of surviving children of the deceased person at the date of the first child’s application (section 40(2)(b)). A surviving child in this context includes a stepchild or a person treated as their child by the person who died.
115.Therefore, if the person eligible to receive the next of kin payment is the spouse, civil partner or cohabitant of the deceased person, they will be eligible to receive £10,000. If the person who died had three surviving children, and the right to apply for and receive the next of kin payment applies to them, each child will be eligible to receive one third of the fixed rate payment (i.e. £3,333).
Section 41: Power to adjust redress payment amounts for inflation
116.This section provides that the Scottish Ministers may modify sections 38 and 39 where it is considered appropriate due to material changes in the value of money. However, the figures may only be adjusted upwards. This power may be exercised by regulations subject to the negative procedure. For details of the negative procedure, see section 28 of ILRA.
Deduction of previous payments
Section 42: Deduction of previous payments from redress payment
117.Sections 42 and 43 apply where the panel has determined that an applicant is eligible for a redress payment and, before the determination is made, the applicant or the person in respect of whom the application has been made received or became entitled to a “relevant payment”. This applies whether the payment was made (or the right to it arose) before the date of the application being made or after it.
118.Subsection (2) defines what is meant by a “relevant payment”. A relevant payment is a payment which relates to any abuse of the person to whom the application relates which is covered by the redress scheme. The payment may have taken the form of damages or an out of court settlement. Other payments are also covered. For example, a payment under the advance payment scheme is covered in order to avoid double-counting. As such, those who received a payment under the advance payment scheme can apply for an enhanced sum, but the previous payment is deducted from any offer. Subsection (3) states that legal fees and costs incurred in obtaining the relevant payment are not included in this. A redress payment is also not included given that any double-counting in relation to a person who applies for a fixed rate payment, and then later applies for an individually assessed payment, or a person who submits a further application by virtue of section 30(3) after having already received a redress payment, is addressed instead by section 39(3).
119.Subsection (4) sets out that, subject to section 43 (which deals with a number of less common cases), relevant payments or, where there has been more than one, the total of those relevant payments, or the adjusted figures (as the case may be) are to be deducted from a redress payment. Subsection (5) outlines the steps involved in making the required adjustment to a relevant payment. This is to be done in relation to a payment which was received before the date section 42 comes into force. The Gross Domestic Product deflator ratio (“the GDP deflator”) will be used to establish the present day value of the payment previously paid to the person. This is done by applying the GDP deflator to the relevant payment by reference to the period beginning on the date it was made and ending with the date section 42 comes into force. However, in accordance with section 43(6), a payment under the advance payment scheme is not to be adjusted for inflation.
120.Subsection (6) states that the Scottish Ministers may, by regulations subject to the affirmative procedure, modify the meaning of “relevant payment” and make any modifications to definitions in subsection (7) which may be required.
121.Although this section also applies to a review panel, this only covers the situation where a review panel is the first panel to make a finding of eligibility. In a case where the original panel found the applicant to be eligible but a review was sought in relation to the amount of the offer, section 57(2)(c) prevents the review panel from increasing the deductions to which the offer is to be subject.
Section 43: Deduction of previous payments: further provision
122.This section sets out further matters relating to the deduction of previous payments from redress payments.
123.Subsections (2) and (3) set out that where a child of a deceased person has made an application for a next of kin redress payment and where a relevant payment has previously been made in respect of the deceased person, the amount deducted from the redress payment will be divided by the number of surviving children of the deceased person at the date that the first child’s next of kin application is made. The payment offered to each child will therefore be subject to an equal share of the deductions.
124.Subsection (4) sets out that as much of a relevant payment that has already been deducted from a redress payment will not be deducted again from an individually assessed payment – it will only be the balance of the relevant payment which will be deducted. This avoids double-deductions and covers both earlier applications specifically for a fixed rate payment and a payment of a previous redress payment where the application under consideration is a further application made by virtue of section 30(3).
125.Subsection (5) sets out that the panel does not need to deduct a relevant payment to which the applicant has only an entitlement. This would include, for example, where the applicant is entitled to a payment but is unlikely in practice to be able to recover this (because of the financial situation of the debtor).
126.Subsection (6) states that a relevant payment received from the advance payment scheme is not to be adjusted using the GDP deflator.
Section 44: Information about previous payments from applicant
127.Section 44 sets out that applicants must provide the Scottish Ministers with information about relevant payments they (or the person to whom the application relates) received or are entitled to before their application is determined. The term “relevant payment” is defined in section 42 and relates to payments in respect of abuse of the person in question which is covered under the redress scheme. Subsection (2) sets out the information to be provided about relevant payments. Subsection (2)(e) states that the Scottish Ministers may make regulations about other information which must be provided in relation to relevant payments. Any such regulations are subject to the negative procedure. The Scottish Ministers must pass information about relevant payments to Redress Scotland (subsection (3)). Information about relevant payments can also be obtained directly from third parties under section 80.
Section 45: Information about previous payments: further provision
128.This section sets out that, where the applicant has entered into a settlement or other agreement relating to a relevant payment that forbids them from disclosing information about relevant payments, the disclosure of that information will not be regarded as a breach of the settlement or other agreement.
Waiver
Section 46: Waiver
129.Section 46(1) provides that, in order to receive a redress payment under the scheme, an applicant must agree to abandon any relevant civil proceedings, and to waive their right to raise such proceedings in the future. The redress scheme is intended to provided applicants with an alternative to civil litigation, and applicants essentially have a choice as to whether to accept a redress payment or to continue or raise relevant civil proceedings. This choice is exercised by the applicant signing a waiver where they wish to accept a redress payment. Relevant civil proceedings covers a wide range of legal actions where an applicant seeks compensation or any other remedy in relation to abuse eligible under the scheme. This would include, for example, actions for damages for personal injury as well as actions for declarator, and cases before the European Court of Human Rights. However, proceedings are only required to be abandoned to the extent that they are relevant civil proceedings. Accordingly, a case could be continued against a non-scheme contributor provided that it was dropped against other parties who were scheme contributors at the relevant time.
130.While a waiver must be signed in order to receive a redress payment, there will be cases where an applicant for an individually assessed payment has already signed a waiver in relation to an earlier redress payment. That earlier payment might have been under a separate application for a fixed rate payment or, where the application under consideration is one made by virtue of section 30(3), it might have been a previous individually assessed redress payment. In such a case, it is possible that, if those against whom proceedings would constitute “relevant civil proceedings” have not changed in the interim, the signature of a waiver would not add anything to the rights which have already been waived. Subsections (2) to (4) therefore deal with this situation and provide that a second waiver need not be signed in such a case, as the original waiver is sufficient. In contrast, where the contributor list has expanded to include new scheme contributors in the intervening period, the person would be required to sign an additional waiver in order to receive the further redress payment.
131.The effect of subsection (5)(b) is that, where the applicant signs and returns a waiver (and thereby abandons any ongoing relevant civil proceedings and waives their right to raise new proceedings), there will be no right of recovery under section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (in so far as it would have entitled any person to recover from the Scottish Ministers or a relevant scheme contributor any contribution towards the payment of any damages or expenses in respect of relevant abuse). Any other rights of recovery or relief, or indemnity against Ministers or other contributors in relation to abuse of that person which is covered under the scheme, also cease to have effect (subsection (5)(c)).
132.Subsection (6) defines “relevant civil proceedings” as those against the Scottish Ministers or any relevant scheme contributor for abuse of the person in question which is covered by the scheme. “Relevant scheme contributor” is defined to mean those contributors included in the published list of scheme contributors on the date the panel determines that the applicant is eligible for the redress payment (under section 35 or 55).
133.Subsection (7) provides that if a contributor is removed from the list with retrospective effect in accordance with section 16, that organisation will not benefit from any waivers from that date. This has the effect of revoking any waivers that were previously granted by applicants to the extent that they would otherwise prevent the bringing of a civil claim against an organisation which has not in the end contributed the agreed amount to that applicant’s redress payment.
Section 47: Form and content of waiver
134.Section 47 provides that the Scottish Ministers may make regulations, subject to the affirmative procedure, to make further provision about the granting of a waiver under section 46 in order to provide for the form and content of the waiver and in order to specify information about the waiver which must be provided to applicants.
Section 48: Report on effect of waiver on participation in redress scheme
135.This section requires the Scottish Ministers to lay a report before the Scottish Parliament within 18 months of section 46 coming into force, setting out the Scottish Ministers’ assessment of any impact the waiver has on applications for a redress payment, and its effectiveness in encouraging public authorities, voluntary organisations and other persons to become scheme contributors. The report must also set out any steps they intend to take as a result of that assessment, and where they do not intend to take any such steps, their reasons for that.
Payment of redress payment
Section 49: Period for which offer valid
136.In accordance with subsection (1), once a redress application has been determined and an offer is made under section 36, the applicant can accept the offer by signing and returning a waiver, or the applicant may request a review of the offer in the terms permitted by section 54.
137.If the applicant does neither of these things within the time period during which the offer remains valid, it will be treated as having been rejected (subsection (2)) unless the reason for the inaction is the applicant’s death and a nominated beneficiary then takes over the application.
138.The offer remains valid for a period of six months from the date it is received by the applicant (or such longer period as the panel determining the application may specify) (subsection (3)). As with other timescales which run from the date of receipt of something by the applicant, section 26(5) and (6) of ILRA provides for when an applicant is to be assumed to have received the thing. It should be noted that a review cannot necessarily be sought during the entirety of the period for which the offer is valid: the period for seeking a review is eight weeks, although late requests can be allowed if there is a good reason for any delay.
139.Subsections (4) and (5) make provision as regards the revival of an application in exceptional circumstances where the time period for acceptance has elapsed. Revival of an application would not revive any review rights in relation to it. In such a case, the appropriate course of action would be to seek a late review under section 54(5). However, revival may be appropriate where the applicant wishes to accept the offer but, for example, was unable to do so in time due to a period of hospitalisation.
Section 50: Acceptance of offer and making of payments
140.This section provides that an applicant becomes entitled to a redress payment once the offer of a redress payment is accepted and once the Scottish Ministers are satisfied that any relevant civil proceedings have been or will be abandoned. An offer is accepted by the applicant signing and returning a waiver or, where a waiver has previously been granted and a second waiver is not required because of the operation of section 46(2), by written notice (see paragraph 130 of these Notes). The payment will be made as a single payment, or in agreed instalments.
Section 51: Payments to children
141.This section applies to applicants who have been offered a redress payment and who are under the age of 18 years.
142.Subsection (2) allows a panel determining an application or a review to give directions relating to the payment and management of the redress payment for the benefit of the applicant, where considered appropriate.
143.Subsection (3) provides examples of the options Redress Scotland can consider when making a direction in relation to the payment or management of a redress payment for applicants under the age of 18. The options available to Redress Scotland include making the payment in instalments or retaining the payment until the applicant turns 18.
144.Subsection (4) makes further provision which applies where a direction has postponed the payment of the whole or part of the redress payment (for example, by directing that it should be paid in instalments). Where that is the case, applicants can ask for earlier payment of the whole or part of the redress payment. This means that the redress payment awarded to the applicant can be accessed earlier than provided for in the direction where appropriate. Further details on how this process will work in practice will be included in guidance.
145.Once the applicant reaches the age of 18, the whole of any remaining balance of the redress payment must be paid to the applicant, and paid in accordance with the provision for payment set out in section 50(3).
Section 52: Review of direction made under section 51
146.Section 52 allows an applicant to request a review of the panel’s decision in relation to any directions given under section 51(2).
147.In accordance with subsection (2), such a request must be made to the Scottish Ministers before the end of the period of eight weeks beginning with the date on which notice of the direction was received and be made in such form as the Scottish Ministers may require (and under subsection (5), the Scottish Ministers must publicise any requirements for the form the request is to take). The request must also specify why a review is being sought, and should contain or be accompanied by any other information the applicant considers relevant.
148.Subsection (3) states that the Scottish Ministers must provide the request and any accompanying information to Redress Scotland as soon as practicable. Subsection (4) permits Redress Scotland to conduct a review despite it not being requested within the timescale specified in subsection (2)(b), if it is satisfied that the applicant has a good reason for not requesting it sooner.
149.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 53.
Section 53: Outcome of a section 52 review
150.Subsection (1) sets out that a panel conducting a review under section 52 must consider whether the panel which gave the direction ought to have done so, and, where additional evidence is provided to or obtained by the panel conducting the review, whether the question of the direction to be given (if any) ought to be determined differently as a result. In either case, the review panel may uphold or reverse the original direction.
151.Subsection (2) requires the Scottish Ministers to notify the applicant of the review panel’s determination, and to provide the applicant with a summary of the panel’s reasons for reaching that determination.
152.In accordance with subsection (3), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision.
