Part 6: Reporting on wider redress actions
Section 99: Annual report on wider redress actions
292.This section requires a “relevant person” to produce a report on the activity they have undertaken to redress the historical abuse of children within each reporting period for which they qualify as a relevant person. A “relevant person” is someone who is a scheme contributor at any time during the first nine months of the reporting period under consideration. The first 12 month reporting period will begin when this section comes into force, and thereafter each successive 12 month period will be a reporting period (see subsection (7)). In accordance with subsection (1), redress reports must be sent to the Scottish Ministers within two months of the end of each reporting period.
293.Subsection (2) sets out the types of support which a redress report must include information about. Where no such support has been provided by the relevant person, they must provide the reasons why this is the case. Subsection (3) provides that a redress report must not include the name of any individual, or any other information which could be used to identify an individual, unless (under subsection (4)) the individual has, following consultation, given the person preparing the report written notice of their agreement to being identified in the report.
294.Under subsection (5), the Scottish Ministers must collate the information received in redress reports for each 12 month period into a combined report and publish this report. Where a person who is not otherwise under a duty to report prepares a report and submits it to the Scottish Ministers, the Scottish Ministers may opt to collate this information into the combined report mentioned in subsection (5) if they so wish.
295.Under subsection (7), the Scottish Ministers may make regulations (subject to the negative procedure) to bring the cycle of reporting periods to an end.
Section 100: Power of the Scottish Ministers to require production of report
296.Where an organisation has failed to fulfil the reporting requirements set out in section 99 by the relevant deadline, the Scottish Ministers are able to direct that organisation to report. The Scottish Ministers may also direct an organisation to report where an application for a redress payment involving that organisation results in an offer of a redress payment, and that organisation is not otherwise under a duty to report.
297.In either case, the Scottish Ministers may require the person to prepare a redress report and send it to the Scottish Ministers before the end of the period of three months beginning with the date the direction was given, or within such longer period as is specified in the direction by the Scottish Ministers.
298.The Scottish Ministers may revise or revoke a reporting direction. If the Scottish Minsters consider that an organisation has failed to comply with a reporting direction, they may publish the fact of the organisation’s failure to comply.
Section 101: Power to make provision about additional redress reporting
299.The Scottish Ministers may by regulations (subject to the negative procedure) require a relevant person under section 99 to include an additional statement in their annual report or equivalent document on the support described in paragraphs (a) and (b) of section 99(2) or, where no such support has been given, that fact and the reason for it.
