Section 54: Right to a review
153.This section provides applicants with the right to request a review of certain decisions in relation to their application, where they have not already accepted the offer that has been made (subsection (1)).
154.Subsection (2) sets out that the decisions which may be reviewed are: that the applicant is not eligible for a redress payment, that the applicant is to be offered a particular level of individually assessed payment, or that a particular amount is to be deducted from the redress payment that has been offered.
155.In accordance with subsection (3), such a request must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received. Where the Scottish Ministers set requirements in relation to the form for a request for a review, the request must be in that form (any such requirements being publicised in accordance with subsection (6)). The request must also specify why a review is being sought, and must contain or be accompanied by any other information the applicant considers relevant. The Scottish Ministers must, as soon as reasonably practicable, pass the request and accompanying information to Redress Scotland.
156.Subsection (5) permits Redress Scotland to conduct a review despite it not being requested within the timescale specified in subsection (3), if it is satisfied that the applicant has a good reason for not requesting it sooner. In a case where an offer had been made and was allowed to expire, there is no requirement to apply first to revive the application under section 49(4); the applicant can simply go straight to requesting a late review.
