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

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This is the original version (as it was originally enacted).

105Interpretation

Explanatory NotesShow EN

(1)In this Act—

  • “abuse” has the meaning given by section 19,

  • “advance payment scheme” has the meaning given by section 42(7),

  • “application period” is to be construed in accordance with section 31,

  • “child” is to be construed in accordance with section 18(3) and (4),

  • “child of the deceased person” has the meaning given by section 28(4),

  • “contributor list” has the meaning given by section 14(2)(a),

  • “fee payment request” is to be construed in accordance with section 94(1),

  • “fixed rate payment” is to be construed in accordance with section 38,

  • “individually assessed payment” is to be construed in accordance with section 39,

  • “NCF” is to be construed in accordance with section 103(1),

  • “next of kin payment” is to be construed in accordance with section 40,

  • “nominated beneficiary” has the meaning given by section 65(1),

  • “notify” means doing so by giving notice in writing,

  • “reconsideration panel” has the meaning given by section 75(2),

  • “redress payment” means a payment made under Part 4 of this Act,

  • “redress report” has the meaning given by section 99(1),

  • “redress scheme” has the meaning given by section 2,

  • “Redress Scotland” means the body established under section 3(1),

  • “relevant care setting” is to be construed in accordance with section 20,

  • “relevant payment” is to be construed in accordance with section 42(2),

  • “resident” has the meaning given by section 22,

  • “review panel” has the meaning given by section 55(1),

  • “scheme contributor” has the meaning given by section 14(2)(b),

  • “specified next of kin” is to be construed in accordance with section 28,

  • “summary of options” is to be construed in accordance with section 9(3),

  • “voluntary organisation” means a body (other than a public authority) the activities of which are carried on otherwise than for profit.

(2)In this Act, in construing references to a person having previously received or, as the case may be, been paid a redress payment—

(a)the deduction from that payment of a relevant payment in accordance with section 42 is to be ignored,

(b)a person who has accepted a redress payment which is still to be paid (in instalments or otherwise) is to be treated as having received it or been paid it, as the case may be.

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