Detailed Provisions
Part 3: Eligibility and key concepts.
Meanings of “relevant care setting” and “resident”
Section 20: Meaning of “relevant care setting”
43.Section 20 defines “relevant care setting” for the purposes of the redress scheme under this Act. Relevant care settings are either residential institutions in which the day-to-day care of children was provided by or on behalf of a person other than a parent or guardian of the children resident there, or places other than residential institutions where children lived while being boarded-out or fostered. But the latter does not include where a child was boarded-out or fostered with a relative or guardian of the child, or under arrangements between a parent or guardian and another person unless that person was a public authority or a voluntary organisation exercising functions in relation to the safeguarding or promotion of the welfare of the child or furthering of the child’s interests.
44.“Residential institution” is defined in subsection (3) to mean a children’s home, a penal institution, a residential care facility, school-related accommodation, and secure accommodation. These terms are further defined in section 21.
45.Subsection (4) enables the Scottish Ministers by regulations (subject to the affirmative procedure) to modify the meaning of “residential institution” by adding to or varying the above categories of institution or the definitions which relate to them. However, subsection (5) provides that the Scottish Ministers are permitted to make such regulations only where they are satisfied, so far as reasonably practicable, that no-one who would have been eligible for the scheme will cease to be so eligible as a result of the regulations. Therefore, any exercise of this power should effectively result in a widening of eligibility under the scheme, or in there being no change to eligibility (for example, where the change was merely clarifying something).
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