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

78Power to make further provision about reconsiderations

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by regulations make further provision about or in connection with the reconsideration of a determination under section 75 and any review of it under section 76.

(2)Regulations under subsection (1) may, in particular—

(a)make provision requiring or enabling the payment by the Scottish Ministers of fees for legal work and other costs and expenses reasonably incurred by a person who is a relevant person under section 75(9) in connection with a reconsideration,

(b)make provision for the recovery of such fees for legal work and other costs and expenses where payment of those fees, costs and expenses was due to an error,

(c)make provision allowing material changes which have occurred since the date of the original determination to be taken into account, or taken into account in particular cases, in any re-determination under section 75(5)(b),

(d)make provision in relation to the interaction of the reconsideration panel’s determination with any offer that has already been accepted (including any waiver signed and returned in order to do so).

(3)Regulations under subsection (1) may modify any enactment (including this Act).