Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Payment of costs and expenses

91 Reimbursement of costs incurred in connection with applications

(1) The Scottish Ministers must by regulations make provision—

(a) requiring the reimbursement by them, on request, of the costs and expenses reasonably incurred by an applicant in connection with an application for a redress payment under section 29 (whether or not the application was successful, and whether or not it was subsequently withdrawn),

(b) enabling the reimbursement by them, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person who did not subsequently apply, where Ministers’ assessment (or the assessment on a review) is that the request discloses exceptional or unexpected circumstances which justify the reimbursement of those costs and expenses.

(2) Regulations under subsection (1) must make provision requiring the Scottish Ministers to—

(a) notify the person who made the request of Ministers’ assessment of the amount (if any) to be reimbursed in response to the request, and

(b) provide the person with a summary of the reasons for their assessment.

(3) Regulations under subsection (1) may, in particular, make provision about—

(a) the types of costs and expenses which may be reimbursed,

(b) limits on the amount that may be reimbursed in respect of specified types of costs and expenses,

(c) any process by which confirmation that anticipated costs and expenses are reasonable can be obtained before they are incurred,

(d) the time limit for making a request,

(e) the required content and form of a request,

(f) the information and evidence to be provided in or with a request,

(g) the factors to be considered by the Scottish Ministers in assessing the reasonableness of the costs and expenses for which reimbursement is requested,

(h) reviews by Redress Scotland of assessments made by the Scottish Ministers by virtue of this section.