The Redress for Survivors (Historical Child Abuse in Care) (Exceptions to Eligibility) (Scotland) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/413 |
| Year | 2021 |
2021 No. 413
Redress Scheme
The Redress for Survivors (Historical Child Abuse in Care) (Exceptions to Eligibility) (Scotland) Regulations 2021
Made 11th November 2021
Coming into force 1st December 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 23(1) of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20211.
In accordance with section 107(2) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
Citation, interpretation and commencement
1.—(1) These Regulations may be cited as the Redress for Survivors (Historical Child Abuse in Care) (Exceptions to Eligibility) (Scotland) Regulations 2021 and come into force on 1 December 2021.
(2) In these Regulations, “” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021.
Exceptions to eligibility: short-term respite or holiday care placements
2. An application may not be made under section 18 of the Act by or in respect of a person to the extent that it relates to abuse that occurred when that person was resident in a relevant care setting—
(a) for the purpose of being provided with short-term respite or holiday care, and
(b) under arrangements made between a parent or guardian of that person and another person.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
11th November 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)(“”).
Section 18 of the Act enables a person to apply for a redress payment if the person or, in the case of an application for a next of kin payment, the person in respect of whom the application is made was abused while a child, and resident in a relevant care setting in Scotland. The abuse (as defined in section 19 of the Act to include sexual abuse, physical abuse, emotional abuse and abuse which takes the form of neglect) must have occurred before 1 December 2004. The definition of “relevant care setting” in section 20 of the Act comprises residential institutions such as children’s homes and residential care facilities, as well as other...
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