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

1. Introduction

2. The Act’s Purpose

3. Detailed Provisions

   1. Part 1: Overview and meaning of “redress scheme”

      1. Section 1: Overview of Act

      2. Section 2: Meaning of “redress scheme”

   2. Part 2: Operation of the redress scheme

      1. Redress Scotland

         1. Section 3: Establishment

         2. Section 4: Status

         3. Section 5: Membership, procedures and powers etc.

         4. Section 6: Independence

      2. Functions in relation to the redress scheme

         1. Section 7: Functions of Redress Scotland

         2. Section 8: Functions of the Scottish Ministers

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

         4. Section 10: Provision of administrative support to Redress Scotland

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

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

         7. Section 13: Principle of dignity, respect and compassion

      3. Contributions to the redress scheme

         1. Section 14: Scheme contributors

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

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

         4. Section 17: Financial contributions by charities

   3. Part 3: Eligibility and key concepts

      1. Eligibility to apply for redress payments

         1. Section 18: Eligibility to apply for a redress payment

      2. Meaning of “abuse”

         1. Section 19: Meaning of “abuse”

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

         1. Section 20: Meaning of “relevant care setting”

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

         3. Section 22: Meaning of “resident”

      4. Exceptions to eligibility

         1. Section 23: Power to create exceptions to eligibility

      5. Eligibility to apply for next of kin payments

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

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

         3. Section 26: Review of determination made under section 25

         4. Section 27: Outcome of a section 26 review

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

   4. Part 4: Financial redress: redress payments

      1. Chapter 1: Determination of applications for redress payments

         1. Applications

            1. Section 29: Application for a redress payment

            2. Section 30: Cases where more than one application permitted

            3. Section 31: Application period

            4. Section 32: Pausing of application

            5. Section 33: Withdrawal of application

         2. Determination of applications

            1. Section 34: Prioritisation of applications

            2. Section 35: Decision-making panels

            3. Section 36: Determination of applications

            4. Section 37: Assessment of amount of redress payment

         3. Payment levels

            1. Section 38: Fixed rate payment

            2. Section 39: Individually assessed payment

            3. Section 40: Next of kin payment

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

         4. Deduction of previous payments

            1. Section 42: Deduction of previous payments from redress payment

            2. Section 43: Deduction of previous payments: further provision

            3. Section 44: Information about previous payments from applicant

            4. Section 45: Information about previous payments: further provision

         5. Waiver

            1. Section 46: Waiver

            2. Section 47: Form and content of waiver

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

         6. Payment of redress payment

            1. Section 49: Period for which offer valid

            2. Section 50: Acceptance of offer and making of payments

            3. Section 51: Payments to children

            4. Section 52: Review of direction made under section 51

            5. Section 53: Outcome of a section 52 review

      2. Chapter 2: Review of redress payment determinations

         1. Section 54: Right to a review

         2. Section 55: Review panels

         3. Section 56: Procedure for a review

         4. Section 57: Outcome of a review

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

         6. Section 59: Withdrawal of review request

      3. Chapter 3: Applications affected by convictions for serious offences

         1. Sections 60 and 61: Applicants etc. with convictions for serious offences

         2. Section 62: Review of determination made under section 60

         3. Section 63: Outcome of a section 62 review

         4. Section 64: Information about convictions for serious offences

      4. Chapter 4: Death of applicant

         1. Section 65: Nomination of a beneficiary

         2. Section 66: Applicant’s death while application ongoing

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

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

         5. Section 69: Outcome of a section 68 review

         6. Section 70: Applicant’s death after offer accepted

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

         8. Section 72: Application taken over by nominated beneficiary

         9. Section 73: Nominated beneficiary’s death etc.

      5. Chapter 5: Redress payments or determinations made in error

         1. Section 74: Liability for redress payments made in error

         2. Section 75: Reconsideration of determination where possible material error

         3. Section 76: Review of reconsidered determination

         4. Section 77: Outcome of a section 76 review

         5. Section 78: Power to make further provision about reconsiderations

      6. Chapter 6: Provision of information and evidence

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

         2. Section 80: Power to obtain information about previous payments

         3. Section 81: Redress Scotland’s power in relation to information and evidence

         4. Section 82: Applicant access to information and evidence

         5. Section 83: Power to commission reports

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

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

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

         9. Section 87: Confidentiality of information

         10. Section 88: Power to share information with third parties

   5. Part 5: Other support for survivors of abuse

      1. Provision of support

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

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

      2. Payment of costs and expenses

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

      3. Payment of fees for legal work

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

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

         3. Section 94: Sections 92 and 93: further provision

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

         5. Section 96: Restriction on additional legal fees

      4. Liability for certain payments made in error

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

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

   6. Part 6: Reporting on wider redress actions

      1. Section 99: Annual report on wider redress actions

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

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

   7. Part 7: General and miscellaneous

      1. Section 102: The Survivor Forum

      2. Section 103: Dissolution of the National Confidential Forum

      3. Section 104: Dissolution of Redress Scotland

      4. Section 105: Interpretation

      5. Section 106: Guidance

      6. Section 107: Regulation-making powers

      7. Section 108: Ancillary provision

      8. Section 109: Commencement

      9. Section 110: Short title

   8. Schedule 1 – Redress Scotland

      1. Redress Scotland

      2. Application of public bodies legislation

         1. Ethical Standards in Public Life etc. (Scotland) Act 2000

         2. Scottish Public Services Ombudsman Act 2002

         3. Freedom of Information (Scotland) Act 2002

         4. Public Services Reform (Scotland) Act 2010

         5. Public Records (Scotland) Act 2011

         6. Procurement Reform (Scotland) Act 2014

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

   9. Schedule 2: The National Confidential Forum

      1. Part 1 - Continuing matters

         1. Confidentiality and disclosure of information

         2. Public records

      2. Part 2 - Consequential modifications

4. Parliamentary History