Schedule 1 – Redress Scotland
Redress Scotland
317.Schedule 1 makes further provision about Redress Scotland.
318.Paragraph 1 provides that Redress Scotland consists of a member appointed as chair and at least five other members, all appointed by the Scottish Ministers. The Scottish Ministers must only appoint persons having such skills, knowledge and expertise as they consider relevant to the carrying out of the body’s functions. Following an open and transparent appointments process, it is intended to appoint persons with relevant expertise in the fields of emotional and psychological trauma, law, social work and health. Paragraph 1 also allows for a member to be appointed to deputise for the chair, to ensure that tasks such as the appointment of panels to carry out determinations can always be carried out.
319.Paragraph 2 deals with the terms and conditions of appointment for members of Redress Scotland. Members are to be appointed for between three and five years (subject to a regulation-making power – subject to the negative procedure – to amend those periods, which may be required in the event that the application period for the redress scheme is extended under section 31(2)). Members are appointed on such terms and conditions as the Scottish Ministers may determine, and may be reappointed. Paragraph 3 specifies that Ministers must encourage equal opportunities when appointing members. Paragraph 4 sets out certain categories of person who may not be appointed.
320.Paragraph 5 sets out the circumstances in which a person’s membership will terminate before the person’s period of appointment has come to an end, namely:
where they resign,
if the person becomes disqualified from being appointed as a member (see paragraph 4),
if the person is removed as a member by the Scottish Ministers because the person has become insolvent, has been absent without permission or reasonable excuse from 3 consecutive meetings, or in the opinion of the Scottish Ministers is unable or unfit or unsuitable to continue as a member.
321.Paragraph 5 also gives the Scottish Ministers a power to suspend members where there is a need to investigate whether grounds for removal of the member exist.
322.Paragraph 6 requires the payment of remuneration and allowances (including expenses) to members, although the level of this payment is at the discretion of the Scottish Ministers.
323.Paragraph 7 provides that Redress Scotland must appoint a chief executive, subject to Ministerial approval of the person appointed. Other staff members may be appointed by Redress Scotland and these appointments do not require Ministerial approval. The Scottish Ministers are to set the terms and conditions of employment for the chief executive and other staff members. Provision is also made at paragraph 8 for the payment of staff pensions and allowances. The power to pay staff salaries is not mentioned as it is implicit in the power to appoint staff; their remuneration will form part of the terms and conditions referred to in paragraph 7 on which they are appointed.
324.Paragraph 9 allows Redress Scotland to set up and direct committees, the members of which need not be members of Redress Scotland itself, and provides powers to pay non-members remuneration and allowances (including expenses). However, the tasks which can be allocated to a committee which includes non-members is limited by paragraph 10.
325.Paragraph 10 permits Redress Scotland to delegate certain functions to members, committees or employees. This means that not everything that may, or must, be done by Redress Scotland need be done by the members as a collective body. The approval of its corporate plan, budgets, annual reports and accounts, or the exercise of Redress Scotland’s functions in relation to the redress scheme under section 7, may not, however, be delegated under this provision.
326.Paragraph 11 states that the rules of procedure of Redress Scotland (and that of any of its committees) are to be prepared by Redress Scotland and approved by the Scottish Ministers.
327.Paragraph 12 provides that the validity of anything done by Redress Scotland or its committees is not affected by any vacancy in membership, defect in appointments of members or when a member’s appointment is terminated early by virtue of paragraph 5.
328.Paragraph 13 provides for general powers for Redress Scotland to do anything necessary or expedient in connection with the performance of, or conducive to the exercise of, its functions. This, however, is subject to some limits – for example, in relation to borrowing or holding property. These general powers are intended to give the body a sufficiently wide range of powers to undertake any activity connected with its main functions.
329.Paragraph 14 enables the Scottish Ministers to give financial support, of various kinds, to Redress Scotland.
330.Paragraph 15 makes provision about the preparation and content of Redress Scotland’s corporate plan. Following approval, the Scottish Ministers must publish the plan and lay a copy of it before the Scottish Parliament.
331.Paragraph 16 requires Redress Scotland to keep accounts, and to prepare a statement of account for each financial year and send a copy to the Scottish Ministers. The Scottish Ministers must then submit them to the Auditor General for Scotland for audit. The phrase “financial year” is defined in schedule 1 of ILRA as a year ending with 31 March.
332.As Redress Scotland’s accounts are required, by statute, to be sent to the Auditor General for Scotland for auditing, sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 (“the 2000 Act”) apply. Amongst other things, those sections provide for the accounts, and the auditor’s report on them, to be laid before the Scottish Parliament and published (see section 22(5) of the 2000 Act). In addition, the principal accountable officer for the Scottish Administration can designate someone to be the body’s accountable officer (see section 15(3) of the 2000 Act), and the Auditor General for Scotland can look into whether the body has been using its resources appropriately (see section 23 of the 2000 Act).
333.Paragraph 17 requires Redress Scotland to report after each financial year on its activities during that year. The report must include an audited statement of its accounts, a general description of its activities, an assessment of the achievement of its objectives, an assessment of whether applicants for redress appear to have had the opportunity to make informed choices, an assessment of the accessibility and suitability of guidance available to applicants on the sources and types of information and evidence needed for applications for redress payments (with reference to the information and evidence considered by Redress Scotland in determining applications), and any other information the Scottish Ministers require. Redress Scotland can also, by virtue of paragraph 17(2), include in its annual report specific recommendations on any matter, in particular in relation to its assessments of the opportunity applicants have to make informed choices, and in relation to the accessibility and suitability of guidance available to applicants about the sources and types of information and evidence. Redress Scotland must publish this report and send a copy of it to Ministers. The paragraph further requires that the Scottish Ministers lay the annual reports before the Scottish Parliament.
Application of public bodies legislation
Ethical Standards in Public Life etc. (Scotland) Act 2000
334.Paragraph 18 of schedule 1 adds Redress Scotland to the list of devolved public bodies in schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the Ethical Standards Act”). This means that Redress Scotland will need to:
have a code of conduct for its members, whose compliance with the code will be policed by the Standards Commission for Scotland (see sections 3 and 9 of the Ethical Standards Act), and
maintain a public register of its members’ interests (see section 7 of the Ethical Standards Act).
Scottish Public Services Ombudsman Act 2002
335.Paragraph 19 of schedule 1 adds Redress Scotland to the list of authorities in schedule 2 of the Scottish Public Services Ombudsman Act 2002 (“the 2002 Act”). The effect is to:
make Redress Scotland amenable to investigation by the ombudsman (see section 5 of the 2002 Act),
oblige it to have its own complaints handling procedure that complies with the statement of principles published by the ombudsman under section 16A of the 2002 Act,
permit it to be made subject to the further requirement to have a complaints handling procedure that complies with a model complaints handling procedure prepared by the ombudsman (see sections 16B and 16C of the 2002 Act).
Freedom of Information (Scotland) Act 2002
336.Paragraph 20 of schedule 1 adds Redress Scotland to the list of Scottish public authorities in schedule 1 of the Freedom of Information (Scotland) Act 2002 (“FOISA”). This means that Redress Scotland will be subject to the requirements that Act places on public bodies, including requirements to provide certain information to the public on request and to have in place a scheme for the pro-active publication of information it holds.
337.Being a public authority within the meaning of FOISA also makes Redress Scotland a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
338.In addition, as a public authority within the meaning of FOISA, Redress Scotland is a “public authority” or “public body” for the purposes of the General Data Protection Regulation by virtue of section 7 of the Data Protection Act 2018 (subject to the Secretary of State not making regulations under that section to remove its “public authority” status). The General Data Protection Regulation (also commonly referred to by the acronym “GDPR”) is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. There are particular rules applied to bodies classified as “public authorities” (over and above those applied to all data processors) in the GDPR and the Data Protection Act 2018. An analysis of those rules is beyond the scope of these Notes.
339.Further, being a public authority within the meaning of FOISA makes Redress Scotland subject to the duties imposed by section 44 of the Climate Change (Scotland) Act 2009 and, as such, liable to monitoring and investigation under Part 4 of that Act.
Public Services Reform (Scotland) Act 2010
340.Paragraph 21(a) of schedule 2 adds Redress Scotland to the list of bodies in schedule 5 of the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”). This means that it is a body in relation to which an order can be made under section 14 of the 2010 Act. Such an order can (subject to restrictions, and only after the Scottish Parliament has approved a draft of the order):
modify, confer, abolish, transfer or provide for the delegation of any function of a public body,
amend the constitution of a public body.
341.Paragraph 21(b) adds Redress Scotland to the list of bodies in schedule 8 of the 2010 Act. This means that Redress Scotland will be subject to the duties to report after each financial year on:
expenditure (see section 31 of the 2010 Act), and
the steps it has taken to promote and increase sustainable growth and improve its efficiency, effectiveness and economy (see section 32 of the 2010 Act).
Public Records (Scotland) Act 2011
342.Paragraph 22 of schedule 1 adds Redress Scotland to the schedule of the Public Records (Scotland) Act 2011 and thereby makes it subject to the duties created by that Act to produce, implement and keep under review a records management plan.
Procurement Reform (Scotland) Act 2014
343.Paragraph 23 of schedule 1 makes Redress Scotland subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014.
Gender Representation on Public Boards (Scotland) Act 2018
344.Paragraph 24 of schedule 1 adds Redress Scotland to the list of bodies in schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (“the 2018 Act”). This means that in appointing members to Redress Scotland, the Scottish Ministers must give preference to a woman if there are equally qualified candidates of either gender and appointing a woman would result in, or be a step towards, 50% of the membership being women (see section 4 of the 2018 Act). In addition, the 2018 Act requires that such steps as Ministers consider appropriate be taken to encourage women to apply to be members of Redress Scotland (see section 5 of the 2018 Act), and further steps to be taken to promote gender balance in the membership if the 50% target has not been reached by a particular date (see section 6 of the 2018 Act).
