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

95 Assessment, notification and review of certain fee payment requests

(1) The Scottish Ministers must, as soon as reasonably practicable after receiving it, send Redress Scotland—

(a) any fee payment request made under section 92(1) which gives rise to a requirement for a decision of the type mentioned in section 92(2),

(b) any fee payment request made under section 93(1),

(c) any fee payment request made under section 93(3).

(2) On receipt of a request under subsection (1), Redress Scotland must assess it and inform the Scottish Ministers of the outcome of that assessment.

(3) Once the Scottish Ministers have been informed of the outcome of Redress Scotland’s assessment under subsection (2), they must, as soon as reasonably practicable—

(a) notify the solicitor who made the request of the outcome, and

(b) provide the solicitor with a summary, provided by Redress Scotland, of Redress Scotland’s reasons for its assessment.

(4) A solicitor may ask Redress Scotland to review its assessment where—

(a) in the case of a fee payment request mentioned in subsection (1)(a), the outcome is that no sum is to be paid,

(b) in the case of a fee payment request mentioned in subsection (1)(b), the outcome is that no sum is to be paid,

(c) in the case of a fee payment request mentioned in subsection (1)(c), the outcome is that—

(i) no additional sum is to be paid, or

(ii) the additional sum to be paid is lower than the sum requested.

(5) The Scottish Ministers may by regulations make further provision about reviews by Redress Scotland of assessments of fee payment requests, including about—

(a) the time limit for requesting a review,

(b) the required content and form of a request for a review,

(c) the outcome of a review and the powers available to a review panel,

(d) the notification of the outcome of a review,

(e) the suspension of the payment of a sum in respect of the work until a request for a review is determined,

(f) the payment of a sum in respect of the work where the outcome of a review is that the sum is to be paid.