Chwilio Deddfwriaeth

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

Detailed Provisions

Part 4: Financial redress: redress payments

Chapter 1: Determination of applications for redress payments.
Payment of redress payment
Section 52: Review of direction made under section 51

146.Section 52 allows an applicant to request a review of the panel’s decision in relation to any directions given under section 51(2).

147.In accordance with subsection (2), such a request must be made to the Scottish Ministers before the end of the period of eight weeks beginning with the date on which notice of the direction was received and be made in such form as the Scottish Ministers may require (and under subsection (5), the Scottish Ministers must publicise any requirements for the form the request is to take). The request must also specify why a review is being sought, and should contain or be accompanied by any other information the applicant considers relevant.

148.Subsection (3) states that the Scottish Ministers must provide the request and any accompanying information to Redress Scotland as soon as practicable. Subsection (4) permits Redress Scotland to conduct a review despite it not being requested within the timescale specified in subsection (2)(b), if it is satisfied that the applicant has a good reason for not requesting it sooner.

149.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 53.

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Nodiadau Esboniadol

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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