Payment of costs 87 Reimbursement of costs incurred in connection with applications 15 (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redress payment under section 27 (whether or not the application was successful, and whether or not it was subsequently withdrawn), 20 (b) enabling the reimbursement by them, on request, of the costs and expenses reasonably incurred in connection with a proposed application by a person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. 25 (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. 30 (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 35 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 40 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. 52 Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill Part 5—Financial redress: redress payments Payment of legal fees 88A Duty on Scottish Ministers to pay fee for legal work in making an application (1) The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work reasonably undertaken in making an application for a redress payment 5 on behalf of a person (whether or not the application was successful, and whether or not it was subsequently withdrawn). (2) Where the Scottish Ministers have cause to believe that the legal work to which a request relates may not have been reasonably undertaken in making an application for a redress payment, it is for Redress Scotland to decide the question. 10 (3) For the purpose of subsection (1), where legal work is undertaken in connection with advice and assistance on whether to pursue litigation as an alternative to making an application for a redress payment, that work is not to be treated as having been undertaken in making an application for a redress payment unless advice and assistance was also given on any of the matters mentioned in subsection (4). 15 (4) Those matters are— (a) a person’s eligibility to make an application for a redress payment, (b) which type of redress payment to apply for, (c) the application process, (d) whether to accept an offer of a redress payment and sign a waiver under section 45, 20 (e) whether to request a review of the offer under section 52, (f) the review process. 88B Duty on Scottish Ministers to pay certain fees for legal work in exceptional cases (1) The Scottish Ministers must, on request, pay the prescribed sum to a solicitor in respect of the legal work mentioned in subsection (2) where Redress Scotland’s assessment is that 25 there are exceptional or unexpected circumstances which justify the payment of the prescribed sum. (2) That legal work is the legal work Redress Scotland considers is reasonably undertaken in connection with a proposed application by a person who sought legal advice on the person’s eligibility to apply for a redress payment, but did not subsequently apply. 30 (3) The Scottish Ministers must, on request, pay to a solicitor such additional sum as is specified by Redress Scotland in respect of the legal work reasonably undertaken in making an application for a redress payment, or in connection with a proposed application, where Redress Scotland’s assessment is that there are exceptional or unexpected circumstances which justify the payment of an additional sum. 35 88C Sections 88A and 88B: further provision (1) A request under section 88A(1) or 88B(1) or (3) is referred to in this Act as a “fee payment request”. (2) A fee payment request may be made only by a solicitor who has acted for a person in relation to an application for a redress payment, or a proposed application, submitting a 40 request to the Scottish Ministers. (3) The Scottish Ministers may by regulations— Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill 53 Part 5—Financial redress: redress payments (a) make further provision about fee payment requests, including about— (i) the time limit for making a request, (ii) any steps that must be taken prior to making a request (including any assessment of whether those steps have been taken and notification and 5 review of the outcome of that assessment), (iii) the required content and form of a request, and (iv) the information and evidence to be provided in or with a request, (b) make provision about legal work, undertaken in connection with particular types of advice and assistance, which is or is not to be regarded as reasonably undertaken 10 for the purpose of assessing whether a sum is to be paid. (4) For the purpose of sections 88A(1) and 88B(1), “prescribed”, in relation to a sum, means prescribed by the Scottish Ministers in regulations under this subsection. (5) Regulations under subsection (3) may modify any enactment (including this Act). (6) Regulations under subsection (4) may prescribe sums or scales of sums and the conditions 15 under which such sums will be payable. 88D Assessment, notification and review of certain fee payment requests (1) The Scottish Ministers must, as soon as reasonably practicable after receiving it, send Redress Scotland— (a) any fee payment request made under section 88A(1) which gives rise to a 20 requirement for a decision of the type mentioned in section 88A(2), (b) any fee payment request made under section 88B(1), (c) any fee payment request made under section 88B(3). (2) On receipt...