Search Legislation

Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 1

 Help about opening options

Alternative versions:

Status:

Point in time view as at 28/06/2021.

Changes to legislation:

There are currently no known outstanding effects for the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021, Section 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1Overview of ActS

This section has no associated Explanatory Notes

(1)This Act is arranged as follows.

(2)This Part provides an overview of all the redress-related activity provided for by this Act and defines the “redress scheme”.

(3)Part 2 makes provision—

(a)establishing Redress Scotland,

(b)about the functions of Redress Scotland and the Scottish Ministers in relation to the redress scheme,

(c)requiring a list of contributors to the redress scheme to be established and maintained, and

(d)to facilitate charities becoming scheme contributors where they wish to do so.

(4)Part 3 makes provision—

(a)about the core eligibility criteria which must be met for a person to apply for a redress payment, and

(b)about the further eligibility criteria which apply when the person who was abused has died and the person's next of kin wishes to make an application.

(5)Part 4 makes provision—

(a)about the requirements which apply to applications for a redress payment and how Redress Scotland will determine such applications,

(b)about the different types of redress payments which can be offered (a fixed rate payment, an individually assessed payment or a next of kin payment),

(c)for certain previous payments made in respect of abuse to be deducted from any redress payment which is offered,

(d)for the signature of a waiver to be required where an applicant wishes to accept a redress payment,

(e)about how long an offer of a redress payment is to remain valid, and how payment is to be made where the offer is accepted,

(f)for a right to a review in respect of the determination of an application for a redress payment,

(g)about how applications will be determined where the person who would otherwise be offered the redress payment, or (if not the same person) the person who was abused, has a serious criminal conviction,

(h)about what will happen if the applicant dies,

(i)for the recovery of redress payments made in error and the reconsideration of determinations which may have been materially affected by error,

(j)about how information required or provided in relation to an application is to be obtained, shared, and kept confidential.

(6)Part 5 makes provision—

(a)about the provision of support in connection with applications,

(b)about the provision of support to certain persons following an application under this Act or under the advance payment scheme,

(c)requiring the making of regulations about the reimbursement of costs and expenses associated with an application,

(d)about the payment of fees for legal work in connection with applications,

(e)for the recovery of payments, other than redress payments, made in error.

(7)Part 6 makes provision about the reporting that is or can be required of scheme contributors and certain other persons in relation to their redress activity.

(8)Part 7 makes provision—

(a)for the establishment of the Survivor Forum,

(b)for the dissolution of the National Confidential Forum,

(c)for the dissolution of Redress Scotland once the redress scheme has ended,

(d)about the interpretation of this Act,

(e)for the issuing of guidance and the making of regulations,

(f)for the commencement of this Act and about its short title.

Commencement Information

I1S. 1 in force at 28.6.2021 by S.S.I. 2021/234, reg. 2, sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources