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

Detailed Provisions

Part 4: Financial redress: redress payments

Chapter 1: Determination of applications for redress payments.
Applications
Section 31: Application period

88.This section provides that the scheme will be open to applicants until whichever is the later of the end of the period of five years from the day this section comes into force (i.e. the date the financial redress scheme opens for applications) and the day falling two years after the Scottish Child Abuse Inquiry publishes its final report. Subsection (2) provides that the Scottish Ministers have the power to extend the application period beyond that period by regulations subject to the affirmative procedure.

89.Subsection (3) as read with subsection (4) provides that if, at the point 15 months before the scheme is due to end, regulations under subsection (2) have not already been made or are not at that point lying before the Parliament for it to approve the extension of the scheme, the Scottish Ministers will be under a duty to carry out a review of whether the scheme should be extended for a further period (by making such regulations). Subsection (5) requires that the Scottish Ministers publish the findings of any review and lay them before the Scottish Parliament.

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