Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill 25 Part 4—Financial redress: redress payments Chapter 1—Determination of applications for redress payments (4) The condition referred to in subsection (2) is that no new scheme contributors have been included in the contributor list in the period— (a) beginning with the date the panel appointed under section 33 or, as the case may be, a review panel appointed under section 53 determined that the applicant was 5 eligible for the fixed rate payment or, where subsection (3)(b) applies, the previous individually assessed payment, and (b) ending with the date the panel appointed under section 33 or, as the case may be, a review panel appointed under section 53 determines that the applicant is eligible for the further sum. 10 (5) Where an applicant signs and returns a waiver in accordance with subsection (1)— (a) no relevant civil proceedings may be brought by or on behalf of the applicant, (b) section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 does not apply in so far as it would entitle any person to recover from the Scottish Ministers or a relevant scheme contributor any contribution towards the payment 15 by that person of any damages or expenses in respect of relevant abuse, and (c) any other right under any enactment or rule of law to recover any contribution from the Scottish Ministers or a relevant scheme contributor in relation to relevant abuse, and any right of relief or of indemnity against Ministers or a relevant scheme contributor in relation to relevant abuse, ceases to have effect. 20 (6) For the purposes of this section— “relevant abuse” means— (a) the abuse to which the application relates, and (b) any other abuse of the person in respect of whom the application is made for which the applicant would have been eligible to apply for a redress payment 25 by virtue of section 16, “relevant civil proceedings” are civil proceedings against the Scottish Ministers or any relevant scheme contributor (whether or not the proceedings are also against another person) in which the applicant seeks compensation or any other remedy in relation to relevant abuse, 30 “relevant scheme contributor” is a scheme contributor who is included in the contributor list on the date the panel appointed under section 33 or, as the case may be, a review panel appointed under section 53 determines that the applicant is eligible for the redress payment. (7) For the purpose of subsection (6), where a scheme contributor is removed from the 35 contributor list with retrospective effect in accordance with section 13A, the question of whether the scheme contributor is a relevant scheme contributor on a particular date is to be determined by reference to the contributor list as retrospectively amended. 46 Form and content of waiver The Scottish Ministers may by regulations make provision about— 40 (a) the form and content of any waiver to be signed and returned under section 45, (b) the information to be provided to the applicant in relation to the waiver and its effects. 26 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill Part 4—Financial redress: redress payments Chapter 1—Determination of applications for redress payments 46A Report on effect of waiver on participation in redress scheme Before the end of the period of 18 months beginning with the day section 45 comes into force, the Scottish Ministers must lay before the Scottish Parliament a report setting out— (a) their assessment of— 5 (i) the impact (if any) of the waiver under section 45 on applications for a redress payment, (ii) the effectiveness of the waiver in encouraging public authorities, voluntary organisations and other persons to become scheme contributors, (b) the steps (if any) they intend to take as a result of that assessment, 10 (c) where they do not intend to take any such steps, their reasons for that.