The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021
| Jurisdiction | Scotland |
| Citation | SSI 2021/419 |
| Year | 2021 |
2021 No. 419 (C. 29)
Redress Scheme
The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021
Made 16th November 2021
Laid before the Scottish Parliament 18th November 2021
Coming into force 7th December 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 20211.
Citation and commencement
1. These Regulations may be cited as the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 2) Regulations 2021 and come into force on 7 December 2021.
Appointed day
2. The day appointed for the coming into force of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021, so far as not already in force, is 7 December 2021.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th November 2021
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations bring into force the following provisions of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (“”), on 7 December 2021:
Section 7 – setting out the functions of Redress Scotland,
Section 9 – requiring the Scottish Ministers to use their best endeavours to ensure that individuals who are or may be considering applying or who have made such an application have the opportunity to make informed choices, by publishing a “summary of options”,
Section 18 – setting out the eligibility criteria for a person to apply for a redress payment,
Section 19 – providing the meaning of “abuse”,
Section 20 – providing the meaning of “relevant care setting”,
Section 21 – making further provision about the meaning of “residential institution”,
Section 22 – providing the meaning of “resident”,
Section 24 – setting out eligibility criteria for a person to apply for a next of kin payment,
Section 25 – making further provision about exceptional circumstances to apply for a next of kin payment,
Section 26 – providing for a right of review of a determination made under section 25,
Section 27 – setting out provisions on the outcome of a section 26 review,
Section 28 – providing the meaning of “specified next of kin”,
Section 29 – setting out requirements for an application for a redress payment,
Section 30 – setting out circumstances where more than one application for redress is permitted,
Section 31 – setting out the period during which applications for a redress payment can be made,
Section 32 – allowing applications to be paused at an applicant’s request,
Section 33 – allowing an applicant to withdraw their application,
Section 34 – requiring the chairing member of Redress Scotland to decide the order of priority of applications, in particular with regard to age and health of applicants,
Section 35 – setting out that decisions on applications will be made by decision-making panels of at least 2 members of Redress Scotland (for applications for fixed rate or next of kin payments) and at least 3 members for an application for an individually assessed payment,
Section 36 – setting out the standard of proof, and the manner and procedure in which the panel appointed under section 35 must determine the application,
Section 37 – making provision for the assessment of the amount of a redress payment,
Section 38 – setting out that a fixed rate payment is a payment of £10,000,
Section 39 – setting out the payment levels of individually assessed payments,
Section 40 – providing for the level of next of kin payments, by reference to the relevant share of a fixed rate payment,
Section 41 – giving the Scottish Ministers power by regulations to adjust redress payment amounts for inflation,
Section 42 – requiring deduction of certain previous payments from a redress payment,
Section 43 – making further provision about deduction of previous payments,
Section 44 – requiring an applicant to provide the Scottish Ministers with certain information about previous payments,
Section 45 – providing that the disclosure of information about previous payments is not to be treated as a breach of a previous settlement or other agreement concerning the payments,
Section 46 – requiring an applicant who wishes to accept an offer of a redress payment to sign and return a waiver, and setting out the effect of a waiver and definitions relevant to the waiver,
Section 48 – requiring Scottish Ministers to lay before the Scottish Parliament a report (within 18 months of the commencement of section 46) on their assessment of the effect of waiver on applications for a redress payment and the effectiveness of waiver in encouraging financial contributions,
Section 49 – setting out the period of time for which an offer of a redress payment is valid,
Section 50 – setting out how an offer of redress may be accepted, and the ability to pay redress by instalments if requested by the applicant,
Section 51 – making provision for directions to be made, including payment by instalments, in relation to redress payments to those applicants aged under 18,
Section 52 – making provision for an applicant to request a review of a direction made under section 51,
Section 53 – setting out the role of a review panel in relation to a section 52 review,
Section 54 – setting out the right of an applicant to request a review of a determination of a decision-making panel in certain circumstances, and the timescales and procedure for such a request,
Section 55 – setting out that a review must be determined by a review panel of at least 3 members of Redress Scotland who were not previously involved in the determination,
Section 56 – making provision for the procedure for a review,
Section 57 – making provision for the possible outcomes of a review,
Section 58 – setting out the period for which an offer of a redress payment is valid following a review determination,
Section 59 – allowing an applicant to withdraw a review request,
Section 60 – setting out that applicants etc. with convictions for certain serious offences may be precluded in certain circumstances from being offered a redress payment,
Section 61 – providing definitions for the purposes of section 60,
Section 62 – providing a person who is notified of a determination under section 60 that they are precluded from being offered a redress payment or, as the case may be, that that person would otherwise not have been eligible for such a payment, with the...
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