PART 5

Other support for survivors of abuse

Payment of fees for legal work

Duty on the Scottish Ministers to pay fee for legal work in making an application
92
1
The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work reasonably undertaken in making an application for a redress payment on behalf of a person (whether or not the application was successful, and whether or not it was subsequently withdrawn).
2
Where the Scottish Ministers have cause to believe that the legal work to which a request relates may not have been reasonably undertaken in making an application for a redress payment, it is for Redress Scotland to decide the question.
3
For the purpose of subsection (1), where legal work is undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment, that work is not to be treated as having been undertaken in making an application for a redress payment unless advice and assistance was also given on any of the matters mentioned in subsection (4).
4
Those matters are—
a
a person’s eligibility to make an application for a redress payment,
b
which type of redress payment to apply for,
c
the application process,
d
whether to accept an offer of a redress payment and sign a waiver under section 46,
e
whether to request a review of the offer under section 54,
f
the review process.