PART 5

Other support for survivors of abuse

Payment of fees for legal work

Assessment, notification and review of certain fee payment requests
95
1
The Scottish Ministers must, as soon as reasonably practicable after receiving it, send Redress Scotland—
a
any fee payment request made under section 92(1) which gives rise to a requirement for a decision of the type mentioned in section 92(2),
b
any fee payment request made under section 93(1),
c
any fee payment request made under section 93(3).
2
On receipt of a request under subsection (1), Redress Scotland must assess it and inform the Scottish Ministers of the outcome of that assessment.
3
Once the Scottish Ministers have been informed of the outcome of Redress Scotland's assessment under subsection (2), they must, as soon as reasonably practicable—
a
notify the solicitor who made the request of the outcome, and
b
provide the solicitor with a summary, provided by Redress Scotland, of Redress Scotland's reasons for its assessment.
4
A solicitor may ask Redress Scotland to review its assessment where—
a
in the case of a fee payment request mentioned in subsection (1)(a), the outcome is that no sum is to be paid,
b
in the case of a fee payment request mentioned in subsection (1)(b), the outcome is that no sum is to be paid,
c
in the case of a fee payment request mentioned in subsection (1)(c), the outcome is that—
i
no additional sum is to be paid, or
ii
the additional sum to be paid is lower than the sum requested.
5
The Scottish Ministers may by regulations make further provision about reviews by Redress Scotland of assessments of fee payment requests, including about—
a
the time limit for requesting a review,
b
the required content and form of a request for a review,
c
the outcome of a review and the powers available to a review panel,
d
the notification of the outcome of a review,
e
the suspension of the payment of a sum in respect of the work until a request for a review is determined,
f
the payment of a sum in respect of the work where the outcome of a review is that the sum is to be paid.
S. 95(5) in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.