PART 4

Financial redress: redress payments
CHAPTER 5

Redress payments or determinations made in error

Reconsideration of determination where possible material error
75
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—
  1. incorrectly, or
  2. correctly but on the basis of incorrect or misleading information,
- “relevant person” means—
  1. the person who was notified of the determination which is the subject of the referral, or
  2. if that person has died—
    1. where a payment under the determination was made to the deceased person, the deceased person’s estate,
    2. where a payment under the determination was, or is to be, made to another person (including the deceased person’s estate), that person.