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

1. Introductory Text

2. PART 1 Overview and meaning of “redress scheme”

   1. 1. Overview of Act

   2. 2. Meaning of “redress scheme”

3. PART 2 Operation of the redress scheme

   1. Redress Scotland

      1. 3. Establishment

      2. 4. Status

      3. 5. Membership, procedures and powers etc.

      4. 6. Independence

   2. Functions in relation to the redress scheme

      1. 7. Functions of Redress Scotland

      2. 8. Functions of the Scottish Ministers

      3. 9. Duty with respect to ensuring individuals can make informed choices

      4. 10. Provision of administrative support to Redress Scotland

      5. 11. Duty on the Scottish Ministers and Redress Scotland to co-operate

      6. 12. Sharing of information between the Scottish Ministers and Redress Scotland

      7. 13. Principle of dignity, respect and compassion

   3. Contributions to the redress scheme

      1. 14. Scheme contributors

      2. 15. Statement of principles in relation to contributor list

      3. 16. Retrospective removal of scheme contributor from contributor list

      4. 17. Financial contributions by charities

4. PART 3 Eligibility and key concepts

   1. Eligibility to apply for redress payments

      1. 18. Eligibility to apply for a redress payment

   2. Meaning of “abuse”

      1. 19. Meaning of “abuse”

   3. Meanings of “relevant care setting” and “resident”

      1. 20. Meaning of “relevant care setting”

      2. 21. Meaning of “residential institution”: further provision

      3. 22. Meaning of “resident”

   4. Exceptions to eligibility

      1. 23. Power to create exceptions to eligibility

   5. Eligibility to apply for next of kin payments

      1. 24. Eligibility to apply for a next of kin payment

      2. 25. Eligibility to apply for a next of kin payment: exceptional circumstances

      3. 26. Review of determination made under section 25

      4. 27. Outcome of a section 26 review

      5. 28. Meaning of “specified next of kin”

5. PART 4 Financial redress: redress payments

   1. CHAPTER 1 Determination of applications for redress payments

      1. Applications

         1. 29. Application for a redress payment

         2. 30. Cases where more than one application permitted

         3. 31. Application period

         4. 32. Pausing of application

         5. 33. Withdrawal of application

      2. Determination of applications

         1. 34. Prioritisation of applications

         2. 35. Decision-making panels

         3. 36. Determination of applications

         4. 37. Assessment of amount of redress payment

      3. Payment levels

         1. 38. Fixed rate payment

         2. 39. Individually assessed payment

         3. 40. Next of kin payment

         4. 41. Power to adjust redress payment amounts for inflation

      4. Deduction of previous payments

         1. 42. Deduction of previous payments from redress payment

         2. 43. Deduction of previous payments: further provision

         3. 44. Information about previous payments from applicant

         4. 45. Information about previous payments: further provision

      5. Waiver

         1. 46. Waiver

         2. 47. Form and content of waiver

         3. 48. Report on effect of waiver on participation in redress scheme

      6. Payment of redress payment

         1. 49. Period for which offer valid

         2. 50. Acceptance of offer and making of payments

         3. 51. Payments to children

         4. 52. Review of direction made under section 51

         5. 53. Outcome of a section 52 review

   2. CHAPTER 2 Review of redress payment determinations

      1. 54. Right to a review

      2. 55. Review panels

      3. 56. Procedure for a review

      4. 57. Outcome of a review

      5. 58. Period for which offer valid following a review

      6. 59. Withdrawal of review request

   3. CHAPTER 3 Applications affected by convictions for serious offences

      1. 60. Applicants etc. with convictions for serious offences

      2. 61. Applicants etc. with convictions for serious offences: definitions

      3. 62. Review of determination made under section 60

      4. 63. Outcome of a section 62 review

      5. 64. Information about convictions for serious offences

   4. CHAPTER 4 Death of applicant

      1. 65. Nomination of a beneficiary

      2. 66. Applicant's death while application ongoing

      3. 67. Access to information and evidence by nominated beneficiary

      4. 68. Review of determination made under section 66(3)

      5. 69. Outcome of a section 68 review

      6. 70. Applicant's death after offer accepted

      7. 71. Invitation to nominated beneficiary to take over application

      8. 72. Application taken over by nominated beneficiary

      9. 73. Nominated beneficiary's death etc.

   5. CHAPTER 5 Redress payments or determinations made in error

      1. 74. Liability for redress payments made in error

      2. 75. Reconsideration of determination where possible material error

      3. 75A. Effect of referral for reconsideration on ongoing applications

      4. 75B. Effect of referral for reconsideration on unpaid redress payments

      5. 75C. Effect of redetermination: no eligibility or no offer made

      6. 75D. Effect of redetermination: offer made where no previous offer or previous offer not accepted

      7. 75E. Effect of redetermination: offer made where previous offer accepted

      8. 76. Review of reconsidered determination

      9. 77. Outcome of a section 76 review

      10. 77A. Withdrawal of review request

      11. 77B. Liability for redress payment where offer on redetermination rejected

      12. 78. Power to make further provision about reconsiderations

   6. CHAPTER 6 Provision of information and evidence

      1. 79. Power of the Scottish Ministers to require the provision of evidence

      2. 80. Power to obtain information about previous payments

      3. 81. Redress Scotland's power in relation to information and evidence

      4. 82. Applicant access to information and evidence

      5. 83. Power to commission reports

      6. 84. Offences of failure to provide, and of tampering with, information or evidence

      7. 85. Individual culpability where an organisation commits an offence under section 84

      8. 86. Crown application in relation to offences under section 84

      9. 87. Confidentiality of information

      10. 88. Power to share information with third parties

6. PART 5 Other support for survivors of abuse

   1. Provision of support

      1. 89. Provision of support to persons in connection with an application

      2. 90. Provision of support to certain persons eligible for a payment etc.

   2. Payment of costs and expenses

      1. 91. Reimbursement of costs incurred in connection with applications

   3. Payment of fees for legal work

      1. 92. Duty on the Scottish Ministers to pay fee for legal work in making an application

      2. 93. Duty on the Scottish Ministers to pay certain fees for legal work in exceptional cases

      3. 94. Sections 92 and 93: further provision

      4. 95. Assessment, notification and review of certain fee payment requests

      5. 96. Restriction on additional legal fees

   4. Liability for certain payments made in error

      1. 97. Liability for payments, other than redress payments, made in error

      2. 98. Power to make further provision about payments, other than redress payments, made in error

7. PART 6 Reporting on wider redress actions

   1. 99. Annual report on wider redress actions

   2. 100. Power of the Scottish Ministers to require production of report

   3. 101. Power to make provision about additional redress reporting

8. PART 7 General and miscellaneous

   1. 102. The Survivor Forum

   2. 103. Dissolution of the National Confidential Forum

   3. 104. Dissolution of Redress Scotland

   4. 105. Interpretation

   5. 106. Guidance

   6. 107. Regulation-making powers

   7. 108. Ancillary provision

   8. 109. Commencement

   9. 110. Short title

9. 1. SCHEDULE 1

      Redress Scotland

      1. Membership

         1. 1. (1) Redress Scotland is to consist of—

      2. Terms and conditions of appointment

         1. 2. (1) A member is appointed for such period (being not...

      3. Equal opportunities

         1. 3. (1) When appointing members of Redress Scotland, the Scottish Ministers...

      4. Persons who may not be appointed

         1. 4. A person may not be appointed as a member of...

      5. Early termination of membership

         1. 5. (1) A member of Redress Scotland, including the chairing member,...

      6. Members' remuneration and allowances

         1. 6. Redress Scotland must pay each member such remuneration and allowances...

      7. Chief executive and other staff

         1. 7. (1) Redress Scotland is to appoint, as a member of...

      8. Staff pensions

         1. 8. (1) Redress Scotland may pay or make arrangements for the...

      9. Committees

         1. 9. (1) Redress Scotland may establish committees for any purpose relating...

      10. Authority to perform functions

          1. 10. (1) Redress Scotland may authorise— (a) any of its members,...

      11. Regulation of procedure

          1. 11. The rules of procedure of Redress Scotland and that of...

      12. Validity of things done

          1. 12. The validity of anything done by Redress Scotland or any...

      13. General powers

          1. 13. (1) Redress Scotland may do anything which it considers to...

      14. Funding and financial assistance

          1. 14. (1) The Scottish Ministers may provide such financial assistance to...

      15. Corporate plan

          1. 15. (1) Redress Scotland must submit a corporate plan to the...

      16. Accounts and audit

          1. 16. (1) Redress Scotland must— (a) keep proper accounts and accounting...

      17. Annual report

          1. 17. (1) Redress Scotland must, as soon as practicable after the...

      18. Application of public bodies legislation

          1. 18. In the Ethical Standards in Public Life etc. (Scotland) Act...

          2. 19. In the Scottish Public Services Ombudsman Act 2002, in schedule...

          3. 20. In the Freedom of Information (Scotland) Act 2002, in Part...

          4. 21. In the Public Services Reform (Scotland) Act 2010—

          5. 22. In the Public Records (Scotland) Act 2011, in the schedule,...

          6. 23. In the Procurement Reform (Scotland) Act 2014, in Part 3...

          7. 24. In the Gender Representation on Public Boards (Scotland) Act 2018,...

   2. SCHEDULE 2

      The National Confidential Forum

      1. PART 1 Continuing matters

         1. Confidentiality and disclosure of information

            1. 1. (1) This sub-paragraph applies to— (a) the Mental Welfare Commission...

         2. Public records

            1. 2. Section 1 of the Public Records (Scotland) Act 2011 (records...

      2. PART 2 Consequential modifications

         1. Public Appointments and Public Bodies etc. (Scotland) Act 2003

            1. 3. (1) The Public Appointments and Public Bodies etc. (Scotland) Act...

         2. Mental Health (Care and Treatment) (Scotland) Act 2003

            1. 4. (1) The Mental Health (Care and Treatment) (Scotland) Act 2003...

         3. Victims and Witnesses (Scotland) Act 2014

            1. 5. (1) The Victims and Witnesses (Scotland) Act 2014 is amended...

         4. National Confidential Forum (Prescribed Care and Health Services) (Scotland) Order 2014

            1. 6. The National Confidential Forum (Prescribed Care and Health Services) (Scotland)...

         5. Gender Representation on Public Boards (Scotland) Act 2018

            1. 7. (1) The Gender Representation on Public Boards (Scotland) Act 2018...