- Latest available (Revised)
- Original (As enacted)
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021, Section 30.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
30Cases where more than one application permittedS
This section has no associated Explanatory Notes
(1)This section makes provision about when a person who is eligible to apply for a redress payment may do so despite an application already having been made in respect of the person who was abused and to whom the application will relate.
(2)An application for an individually assessed payment may be made by a person where—
(a)an application for a fixed rate payment has previously been made in respect of the person, and
(b)that application resulted in a determination that the person was eligible for a fixed rate payment.
(3)An application for an individually assessed payment may be made by a person where—
(a)an application for an individually assessed payment has previously been made in respect of the person,
(b)that application resulted in the applicant accepting a redress payment other than a level 5 payment, and
(c)Redress Scotland is satisfied that allowing a further application is justified on the basis that—
(i)new evidence is available which the person had a reasonable excuse for not providing in connection with the previous application, or
(ii)regulations under section 20(4) have had the effect of modifying eligibility to apply for a redress payment.
(4)An application for a next of kin payment may be made by a person where—
(a)a deceased person had previously applied for a fixed rate payment or an individually assessed payment, and
(b)the circumstances are such that the person is permitted to apply for a next of kin payment under section 24(1).
(5)An application for a next of kin payment may be made by a child of a deceased person where an application for a next of kin payment has previously been made in respect of the deceased person by another child of the deceased person.
(6)An application for a redress payment may be made by a person where—
(a)a previous application in respect of the person was withdrawn under section 33, and
(b)the new application is for a type of redress payment the person would have been able to apply for had the withdrawn application not been made.
(7)An application for a redress payment may be made by a person where—
(a)an application for a redress payment has previously resulted in a determination under section 60 that the person was precluded from being offered a redress payment, and
(b)as a result of an appeal in respect of a conviction or sentence, section 60 will no longer apply in respect of an application by the person.
(8)An application for a redress payment may be made in respect of a person where—
(a)the person has not previously received a redress payment of a particular type despite having made an application for it which has been brought to an end, but
(b)Redress Scotland is satisfied that special circumstances exist which justify allowing a further application.
(9)For the purpose of subsection (8), special circumstances may include—
(a)the person's individual circumstances,
(b)the availability of new evidence which the person had a reasonable excuse for not providing in connection with the original application,
(c)regulations under section 20(4) having had the effect of modifying eligibility to apply for a redress payment.
Commencement Information
I1S. 30 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.