Search Legislation

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

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  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. 76.Review of reconsidered determination

      4. 77.Outcome of a section 76 review

      5. 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

    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...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources