Detailed Provisions
Part 2: Operation of the redress scheme
Contributions to the redress scheme
Section 14: Scheme contributors
25.Section 14 relates to those making financial contributions towards the funding of redress payments under the redress scheme. This places a requirement on the Scottish Ministers to keep, maintain and publish a list of organisations who currently carry out, or have in the past carried out, functions in relation to the safeguarding, protection or care of children, who are making fair and meaningful financial contributions to the scheme, and who in making or agreeing to make such a contribution acknowledge the wrongfulness of, and the harm caused by, historical child abuse covered by the scheme (scheme contributors). The contributor list will contain information about: when a scheme contributor is included in the list; the financial contribution the scheme contributor is making or has agreed to make; where a scheme contributor is removed from the list, the date on which removal takes effect; and information on whether a contributor who is removed from the list has been removed with retrospective effect in accordance with section 16. The contributor list may include such other information as the Scottish Ministers consider appropriate, including, in so far as known, details of relevant care settings the scheme contributor was responsible for (section 14(4)).
26.Subsection (5) requires the Scottish Ministers to ensure that applicants to the redress scheme are made aware of the contributor list and of the effect of section 46. Section 46 makes provision for waiver, including that a waiver applies to scheme contributors included on the contributor list on the date Redress Scotland determines an individual’s eligibility for a redress payment.
27.Subsection (6) sets out that the Scottish Ministers may revise the list by including an organisation on the list, varying descriptions of scheme contributors, removing a scheme contributor (either retrospectively or not), including information on payments actually made by a scheme contributor in respect of their agreed financial contribution (and subsequently updating it), or by varying other information on the list.
28.Subsection (7) requires the Scottish Ministers to publish the contributor list (including any revisions to it) at such intervals, and in such form, as they consider appropriate.
29.Subsection (8) clarifies that the removal of a scheme contributor from the list does not affect any waiver signed under section 46 unless and to the extent that the removal is to have retrospective effect. Where the removal has retrospective effect, the effect of section 46(7) is that the waiver continues to apply against an organisation only if the retrospective date of removal falls after the date that eligibility to a redress payment was determined.
30.Subsection (9) clarifies that becoming a scheme contributor or giving the acknowledgement required by subsection (1)(c) cannot, for the purposes of other proceedings, be taken as evidence of anything relevant to the determination of liability in connection with an allegation of abuse. The purpose of the redress scheme is not to determine liability for abuse in a way that a court would or in a way that would have legal consequences outside the redress scheme itself.
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