The Victim Surcharge (Scotland) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the operation of the victim surcharge (“the surcharge”) and the administration of the Victim Surcharge Fund (“the Fund”).

Regulation 3 provides that the surcharge applies only to fines.

Regulation 4 introduces the schedule of the Regulations which denotes the amount of surcharge applicable to the requisite level of fine. Regulation 4(2) provides that where more than one fine is received by an offender in the same proceedings the applicable surcharge is calculated according to the aggregate amount of the fines imposed.

Regulation 5 makes general provision about the administration of the Fund by the Scottish Ministers. Under regulation 5(2), the Scottish Ministers are obliged to prepare and publish a guidance document about the operation of the Fund. The first such guidance must be published by 25 May 2020 and must be laid before the Scottish Parliament. The guidance may be revised by the Scottish Ministers from time to time and the revised guidance must also be laid before the Scottish Parliament. In addition, the Scottish Ministers must have regard to the need to promote equality and diversity and prevent discrimination, harassment and victimisation in the administration of the Fund.

Regulation 6 makes provision for the payment of monies from the Fund. No payments may be made out of the Fund during the first six months of its operation – payments can commence from 25 May 2020 onwards. Payments can only be made following the receipt of a written or electronic application from the prospective recipient of the payment and the approval of that application by the Scottish Ministers. The Scottish Ministers may reject an application if they consider that there are insufficient monies in the Fund although this is without prejudice to the Scottish Ministers general discretion to determine applications. Payments from the Fund may be made subject to conditions but there are two mandatory conditions which must be attached to every such payment from the Fund: (1) that the payment must be used for a specified purpose; and (2) the payment must be repaid on demand if any condition is not complied with.

Regulation 7 provides details of the matters which must be recorded by the Scottish Ministers and for how long those records must be kept.

Regulation 8 places an obligation on the Scottish Ministers to prepare and publish an annual report on the administration of the Fund. Each report must document the information recorded by the Scottish Ministers under regulation 7. The first report covers the period from first payment until 31 March 2021 and subsequent reports cover the 12 months preceding 31 March in each subsequent year.