Criminal Procedure (Scotland) Act 1995

[F1 253B F1 The Restitution Fund U.K.

(1) A person to whom any amount is paid under section 253A in respect of a restitution order must pay the amount to the Scottish Ministers.

(2) The Scottish Ministers must pay any amount received by virtue of subsection (1) into a fund to be known as the Restitution Fund.

(3) The Scottish Ministers must establish, maintain and administer the Restitution Fund for the purpose of securing the provision of support services for persons who have been assaulted as mentioned in section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (“victims”).

(4) Any payment out of the fund may be made only to—

(a) a person who provides or secures the provision of support services for victims, or

(b) the Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund.

(5) The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Restitution Fund.

(6) The Scottish Ministers may by order make further provision about the administration of the Restitution Fund including provision for or in connection with—

(a) specifying persons or classes of person to or in respect of whom payments may be made out of the fund (but subject to subsection (4)),

(b) the making of payments out of the fund,

(c) requiring financial or other records to be kept,

(d) the making of reports to the Scottish Government containing such information and in respect of such periods as may be specified.

(7) An order under subsection (5) or (6) is subject to the affirmative procedure.

(8) In this section, “support services”, in relation to a victim, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim.]

Textual Amendments

F1 Ss. 253A-253E and cross-heading inserted (25.8.2020 for the insertion of s. 253B for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 25, 34; S.S.I. 2020/237, art. 2; S.S.I. 2020/405, art. 2(b) (with art. 3)