The Redress for Survivors (Historical Child Abuse in Care) (Reimbursement of Costs and Expenses) (Scotland) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in connection with the redress scheme established by the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15) (“the Act”).

Section 91 of the Act requires the Scottish Ministers to make regulations to make provision for the reimbursement by them, on request, of the costs and expenses incurred by a person in connection with an application to the redress scheme provide those costs were reasonably incurred. The regulations must provide for reimbursement of reasonably incurred costs regardless of whether or not the application was successful, and regardless of whether or not it was later withdrawn. The regulations must also make provision to permit the reimbursement by the Scottish Ministers, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person who did not subsequently apply where there are exceptional or unexpected circumstances which justify reimbursement.

These Regulations make provision for the purposes of section 91 of the Act.

Regulation 2 makes provision for the submission by a person to, and determination of, reimbursement requests by, the Scottish Ministers, subject to certain limits, as well as the timescales for those requests.

Regulations 3 to 6 make provision for the review of decisions by the Scottish Ministers in relation to reimbursement requests, and the timescales and procedures for those reviews. Reviews will be carried out by a review panel consisting of at least 2 members of Redress Scotland (the body established under the Act to make determinations in relation to the redress scheme) and the determination of the review panel is final.

Regulation 7 enables a request for a review to be withdrawn at any time prior to its consideration by the review panel of Redress Scotland.

Impact assessments have been prepared in relation to the Act and instruments under it and will be published online at www.gov.scot.