23 April 2021
263.This section sets out that the Scottish Ministers must by regulations, subject to the negative procedure, make provision for the reimbursement by them, on request, of the costs and expenses incurred by a person applying to the scheme provided that those costs were reasonably incurred. The regulations must provide for reimbursement of reasonably incurred costs regardless of whether or not the application was successful, and regardless of whether or not it was later withdrawn. Costs in this context would not include legal fees, as specific provision is made in relation to legal fees at sections 92 to 96.
264.The regulations must also make provision to permit the reimbursement by the Scottish Ministers, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person who did not subsequently apply where there are exceptional or unexpected circumstances which justify reimbursement. Such circumstances may include, for example, where the person died before being able to submit their application. It is for the Scottish Ministers to assess in the first instance whether such circumstances exist.
265.Subsection (2) ensures that the regulations will require the Scottish Ministers to notify the person who made the request of the outcome of their request and provide them with a summary of reasons.
266.Subsection (3) sets out examples of matters which may be provided for in regulations under subsection (1). These include the types of and limits on costs and expenses which may be reimbursed, any process by which pre-approval of anticipated costs and expenses can be obtained, when and how any request must be made, the factors to be considered by the Scottish Ministers in assessing the reasonableness of any costs and expenses, and reviews by Redress Scotland of the Scottish Ministers’ assessment of the amount to be reimbursed and whether exceptional or unexpected circumstances exist which justify reimbursement in the case of non-applicants.