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Social Security (Amendment) (Scotland) Act 2025
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16Liability of appointees under sections 85A and 85B of the 2018 Act
This section has no associated Explanatory Notes
(1)The 2018 Act is modified as follows.
(2)After section 85F (inserted by section 15(2)) insert—
“85GLiability of appointees under sections 85A and 85B
(1)Where a person appointed under section 85A or 85B (or treated as being so appointed as a result of regulations made under section 85F) uses any funds of the child or (as the case may be) other individual for whom the person is acting—
(a)outwith the person’s authority or power to act under that appointment,
(b)in breach of any duty or responsibility arising from that appointment,
(c)after the person’s appointment is terminated,
that person is liable to repay those funds to the child or other individual.
(2)A person appointed under section 85A or 85B (or treated as being so appointed as a result of regulations made under section 85F) is not liable under subsection (1) where the person has—
(a)acted reasonably and in good faith, or
(b)failed to act and the failure was reasonable and in good faith.”.
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