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

Section 15: Statement of principles in relation to contributor list

31.Section 15(1) requires the Scottish Ministers to prepare and publish a statement of principles on which they will determine whether a contributor should be included in, or removed from, the scheme contributor list. The principles relating to removal must cover both removal with retrospective effect in accordance with section 16 and non-retrospective removal.

32.Subsection (2) requires that those principles include the matters which are to be taken into account in determining whether a contribution is fair and meaningful. These matters must include the circumstances in which a contribution which is proposed to be made over time for reasons of affordability, or which takes into account the sustainability of services being provided by the prospective contributor, can be fair and meaningful. For example, the principles could set out appropriate parameters for timescales where contributions are proposed to be made by instalments.

33.Subsection (3) ensures that this obligation can be complied with by this being done in advance of the requirement coming into force.

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