Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 3: Applications affected by convictions for serious offences
Section 62: Review of determination made under section 60
172.This section provides that a person who has been notified of a determination under section 60 may request a review of it. The review may relate to the decision that the person should be precluded from being offered a redress payment, or it may relate to the determination as to whether or not the person would, but for the previous conviction, have been eligible for a redress payment.
173.In accordance with subsection (2), such a request must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received. Where the Scottish Ministers set requirements in relation to the form for a request for a review, the request must be in that form (any such requirements being publicised under subsection (5)). The request must also specify why a review is being sought, and must contain or be accompanied by any other information the applicant considers relevant.
174.The Scottish Ministers must, as soon as reasonably practicable, pass the request and accompanying information to Redress Scotland for it to determine.
175.Subsection (4) permits Redress Scotland to conduct a review despite the request not being made within the timescale specified in subsection (2), if it is satisfied that the applicant has a good reason for not requesting it sooner.
176.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 63.
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