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

Detailed Provisions

Part 3: Eligibility and key concepts.

Eligibility to apply for next of kin payments

Section 27: Outcome of a section 26 review

65.Subsection (1) sets out that a panel conducting a review under section 26 must consider whether the panel that made the original determination ought to have reached a different determination, and, where additional evidence is provided to or obtained by the panel conducting the review, whether as a result the application should now be determined differently. In either case, the review panel may uphold or reverse the original determination.

66.Subsection (2) requires Redress Scotland to inform the Scottish Ministers, who must then notify the applicant of the review panel’s determination as soon as reasonably practicable, and provide the applicant with a summary of the panel’s reasons for reaching that determination. Paragraph 60 of these Notes applies equally to the form of notice of the outcome of a review under this section.

67.In accordance with subsection (3), the determination of a review panel under this section is final. This means that there is no further right of review or appeal in respect of this decision.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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