The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021

Draft Regulations laid before the Scottish Parliament under section 107(2) of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2021 No.

Redress Scheme

The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021

Made

2021

Coming into force

1st December 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 47 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021(1) and all other powers enabling them to do so.

In accordance with section 107(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021 and come into force on 1 December 2021.

(2) In these Regulations “the Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.

Form and Content of Waiver

2.  The waiver signed and returned by an applicant under section 46 of the Act in order to accept an offer of a redress payment must be in the form and have the contents provided for in the schedule of these Regulations.

Information to be provided

3.  The Scottish Ministers must provide information, or set out details of where to find such information, to a person to whom an offer of a redress payment is being made under section 36 (determination of applications) or, as the case may be, section 57 (outcome of a review) of the Act, about—

(a) the relevant scheme contributors the waiver is to apply to,

(b) the options a person has in relation to accepting an offer of a redress payment, including the timescales for so doing, and the effect of signing and returning a waiver,

(c) the importance of obtaining independent legal advice before accepting an offer of a redress payment and signing and returning a waiver,

(d) the availability, under the redress scheme, of payment of fees for legal work in relation to the provision of advice as mentioned in paragraph (c).

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Regulation 2

SCHEDULE Form and Content of Waiver Under Section 47 of the Act

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the redress scheme established by the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (“the Act”).

Regulation 2 provides that the waiver to be signed and returned by an applicant under section 46 of the Act in order to accept an offer of a redress payment must be in the form and have the contents provided for in the schedule to the Regulations.

Regulation 3 requires that Scottish Ministers provide certain information, or set out details of where to find such information, to a person to whom an offer of a redress payment is being made under section 36 (determination of applications) or, as the case may be, section 57 (outcome of a review) of the Act.

Impact assessments have been prepared in relation to the Act and instruments under it and will be published online at www.gov.scot.

(1)

2021 asp 15.