Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 2: Review of redress payment determinations
Section 57: Outcome of a review
159.Subsection (1) sets out that a panel conducting a review under section 55 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 the application should now be determined differently as a result of that additional evidence.
160.Once a review is under consideration, the review panel is not restricted to the matters raised in the application for review and may change any part of the decision taken in respect of the redress application (subsection (3)). However, subsection (2) provides that the review panel may not reverse a decision that the applicant is eligible for a redress payment, nor may the panel decide that a lower amount should be offered to the applicant than was offered initially or that any deduction made in accordance with section 42 should be increased. In other words, the applicant cannot be placed in a worse position following a review.
161.Subsection (4) provides that the review panel has no power to rule on or determine any person’s civil or criminal liability, nor can its determinations be relied on in other proceedings as evidence that the acts complained of occurred or did not occur.
162.Subsection (5) requires the Scottish Ministers to notify the applicant of the review panel’s determination, and to provide the applicant with a summary of the panel’s reasons for reaching that determination. Where an offer is made, comparable information must be given in relation to it as would have been given under section 36. Paragraph 60 of these Notes applies equally to the form of notice of the outcome of a review under this section.
163.In accordance with subsection (6), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision.
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