Detailed Provisions
Part 4: Financial redress: redress payments
Chapter 5: Redress payments or determinations made in error
Section 77: Outcome of a section 76 review
227.Subsection (1) sets out what a review panel conducting a review under section 76 of a reconsidered determination must consider: namely, whether the reconsideration panel ought to have reached a different determination and, where additional evidence is provided to or obtained by the panel conducting the review, whether the application should now be determined differently on the basis of that additional evidence.
228.Subsection (2) provides that the review panel may not reverse or vary a determination under section 75 that a person remains eligible for a redress payment, nor determine that a person is to be entitled to or offered a lower amount of individually assessed payment than that person was entitled to or offered under section 75. The review panel also may not determine that more is to be deducted by way of relevant payment in accordance with section 42 from the person’s redress payment than was determined under section 75. Subsection (3) goes on to provide that the review panel may otherwise uphold or reverse any part of the determination, irrespective of whether the request for a review relates to that part of it or not.
229.Subsection (4) provides that subsections (4) and (7) of section 36 apply to a determination as upheld, reversed or varied as they apply to a determination made under section 36 (determination of applications). This is subject to the modification that references to the panel appointed under section 35 (decision-making panels) to determine the application are to be read as references to the review panel.
230.Subsection (5) requires Redress Scotland to inform the Scottish Ministers of the review panel’s determination, and they must then notify the person who requested the review of the outcome, and provide that person with a summary of reasons provided by Redress Scotland for reaching that determination.
231.In accordance with subsection (6), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision. An exception to this is provided in subsection (7), whereby a further referral for review can be made if that referral relates to a different error.
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