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

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This is the original version (as it was originally enacted).

75Reconsideration of determination where possible material error

This section has no associated Explanatory Notes

(1)Where Redress Scotland has, or the Scottish Ministers have, cause to believe that a determination under this Part may have been materially affected by an error, it or they must refer the determination for reconsideration (regardless of whether or not a payment has been made under it).

(2)A determination which is referred for reconsideration is to be considered on behalf of Redress Scotland by a panel of at least 3 members of Redress Scotland appointed by the chairing member (“a reconsideration panel”).

(3)Where Redress Scotland refers a determination for reconsideration, it must, as soon as reasonably practicable, inform the Scottish Ministers of the referral.

(4)Where a determination is referred for reconsideration by either Redress Scotland or the Scottish Ministers, the Scottish Ministers must, as soon as reasonably practicable—

(a)notify the relevant person—

(i)that the determination is to be reconsidered, and

(ii)of the reasons, provided by the person who has made the referral, for the reconsideration,

(b)provide the relevant person with information about the implications of the determination being reconsidered, and

(c)allow the relevant person a period of at least 8 weeks, beginning with the date on which notice of the reconsideration was received by the person, for the person to make written representations in connection with the reconsideration.

(5)After the period for the making of representations under subsection (4)(c) has ended, the reconsideration panel must—

(a)determine whether the original determination was materially affected by an error, and

(b)if it was so affected, re-determine it on the basis of how it would have been determined had the error not been made.

(6)For the purposes of other proceedings, nothing done under a reconsideration is to be taken as a finding as to whether or not a person who is referred to in the application to which the original determination relates acted, or failed to act, in a way suggested in the application.

(7)Once the reconsideration panel has conducted the reconsideration, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a)notify the relevant person of the reconsideration panel’s determination, and

(b)provide the relevant person with a summary, provided by Redress Scotland, of the reconsideration panel’s reasons for reaching that determination.

(8)Where, or to the extent that, the determination which was referred for reconsideration relates to a payment which has not yet been made—

(a)the reconsideration panel’s determination takes the place of the original determination,

(b)where the original determination is one in respect of which a right of review still exists, any review of the reconsideration panel’s determination is to be conducted under section 76.

(9)In this section—

  • “error” means an error which led to a determination under this Part being made—

    (a)

    incorrectly, or

    (b)

    correctly but on the basis of incorrect or misleading information,

  • “relevant person” means—

    (a)

    the person who was notified of the determination which is the subject of the referral, or

    (b)

    if that person has died—

    (i)

    where a payment under the determination was made to the deceased person, the deceased person’s estate,

    (ii)

    where a payment under the determination was, or is to be, made to another person (including the deceased person’s estate), that person.

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