Detailed Provisions
Part 2: Operation of the redress scheme
Contributions to the redress scheme
Section 16: Retrospective removal of scheme contributor from contributor list
34.This section makes provision about the power (under section 14(6)(c)) of the Scottish Ministers to remove a scheme contributor from the contributor list with retrospective effect. Subsection (1) provides that this power applies only where the contributor has failed to make the agreed financial contribution under section 14(1)(b). Following such a removal from the contributor list, the contributor will no longer benefit from any waivers signed and returned under section 46 in respect of redress payments to which it has not contributed. The calculation of which redress payments it has contributed to is to be carried out in accordance with the remainder of section 16.
35.Subsections (2) and (3) require the Scottish Ministers to carry out an assessment of the contribution made by the scheme contributor and to appropriately allocate it (in accordance with the fair and meaningful statement of principles under section 15) against redress payments, and to determine a date on which the retrospective removal will take effect. Under subsection (4), this date is to be determined by reference to the point at which the sums paid by the contributor are exhausted and there is no longer funding to allocate against redress payments.
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