Explanatory Notes

Victims and Witnesses (Scotland) Act 2014

2014 asp 1

17 January 2014

Commentary on Sections

National Confidential Forum

Section 31 – Schedule 1A

Schedule 1A – Part 5 – Reporting

132.Part 5 sets out arrangements by which the Forum may prepare reports and is required to produce an Annual Report.

133.Paragraph 11 empowers the Forum to prepare reports based on the information provided to it at hearings.

134.Paragraph 11(2) requires that a report produced by the Forum must not identify or include information which creates a real risk of identifying persons who were placed in institutional care as children, persons alleged to have experienced or committed abuse or institutions.

135.Paragraph 11(3) provides that paragraph 11(2) does not prevent the Forum from preparing a report which includes information which is already in the public domain.

136.Paragraph 12 requires the Forum to prepare a report each year on progress made in discharging the functions of the NCF (covering the 12 month period up to the end of March) and to submit that report to the Scottish Ministers. Annual Reports of the Forum are subject to the same requirements of confidentiality which apply to the other reports produced by the Forum.

137.Paragraph 12(2) provides that the Forum must consult the Commission before preparing its Annual Report and paragraph 12(4) requires the Forum to send a copy of its Annual Report to the Commission.

138.Paragraph 12(5) provides that the Scottish Ministers must lay before the Scottish Parliament a copy of each Annual Report of the Forum.