The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021

JurisdictionScotland
CitationSSI 2021/234

2021 No. 234 (C. 13)

Redress Scheme

The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021

Made 9th June 2021

Laid before the Scottish Parliament 11th June 2021

Coming into force 28th June 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 109(2) of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20211and all other powers enabling them to do so.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021 and come into force on 28 June 2021.

(2) In these Regulations, “the Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.

S-2 Appointed day

Appointed day

2. The day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the schedule (the subject matter of which is described in column 2 of that table) is 28 June 2021.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

9th June 2021

SCHEDULE

Regulation 2

SCHEDULE

Column 1

Column 2

Provisions of the Act

Subject Matter

Section 1

Overview of Act

Section 2

Meaning of “redress scheme”

Section 3

Establishment

Section 4

Status

Section 5

Membership, procedures and powers etc.

Section 6

Independence

Section 8

Functions of the Scottish Ministers

Section 10

Provision of administrative support to Redress Scotland

Section 11

Duty on the Scottish Ministers and Redress Scotland to co-operate

Section 12

Sharing of information between the Scottish Ministers and Redress Scotland

Section 13

Principle of dignity, respect and compassion

Section 14

Scheme contributors

Section 15

Statement of principles in relation to contributor list

Section 16

Retrospective removal of scheme contributor from contributor list

Section 17

Financial contributions by charities

Section 23

Power to create exceptions to eligibility

Section 47

Form and content of waiver

Section 78

Power to make further provision about reconsiderations

Section 87

Confidentiality of information

Section 89

Provision of support to persons in connection with an application

Section 90

Provision of support to certain persons eligible for a payment etc.

Section 91

Reimbursement of costs incurred in connection with applications

Section 94(3) to (6)

Sections 92 and 93: further provision

Section 95(5)

Assessment, notification and review of certain fee payment requests

Section 98

Power to make further provision about payments, other than redress payments, made in error

Section 102

The Survivor Forum

Section 103

Dissolution of the National Confidential Forum

Section 106

Guidance

Schedule 1

Redress Scotland

Schedule 2

The National Confidential Forum

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force the provision of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (“the Act”) listed in the schedule on 28 June 2021. These provisions, and the matters they relate to, are:

Section 1 – providing an overview of the Act,

Section 2 – confirming the meaning of “redress scheme” in the Act,

Section 3 – establishing “Redress Scotland”,

Section 4 – confirming the status of Redress Scotland,

Section 5 – introduces schedule 1, which confirms membership, staffing, procedures, powers and duties of Redress Scotland,

Section 6 – making provision about the independence of Redress Scotland,

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