PART 1Overview and meaning of “redress scheme”
I11Overview of Act
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.