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Last updated: 12 March 2021

SPBill79BS052021

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.
Last updated: 17 February 2021

SPBill79AS052021

Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill 5 Part 2—Operation of the redress scheme Contributions to the redress scheme 12 Scheme contributors (1) The Scottish Ministers must establish and maintain a list of public authorities, voluntary organisations and other persons (other than individuals)— 5 (a) who exercise or have exercised functions in relation to the safeguarding or promotion of the welfare of children or the protection or furthering of their interests, and (b) who, in the opinion of Ministers, are making or have agreed to make a fair and meaningful financial contribution towards the funding of redress payments under 10 this Act. (2) In this Act— (a) the list established and maintained under subsection (1) is the “contributor list”, and (b) a public authority, voluntary organisation or other person (other than an individual) included from time to time in the list is a “scheme contributor”. 15 (3) The contributor list must record, in relation to each scheme contributor— (a) the date...
SPICe briefings Date published: 14 January 2025

Scottish Leids Bill: consideration afore Stage 3 - Ither ongauns

Ither ongauns Syne the Bill was pit forrit, the results o the 2022 Census on language yaise wis furthset.
Committee reports Date published: 13 December 2022

Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 [draft] - Introduction

Introduction At its meeting on 13 December 2022, the Equalities, Human Rights and Civil Justice Committee considered the following instrument: The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 [draft] The instrument is subject to the affirmative procedure (Rule 10.6).
Committees Meeting date: 24 November 2022

30th Meeting, 2022

30th Meeting, 2022. Joint meeting with the Health, Social Care and Sport Committee and Social Justice and Social Security Committee on reducing drug deaths in Scotland and tackling problem drug use.
Committee reports Date published: 29 June 2022

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (Supplementary Provision) Regulations 2022 [draft] - Introduction

Introduction This report sets out the Health, Social Care and Sport Committee's consideration of a Scottish Statutory Instrument (SSI) at its meeting on 28 June 2022. The minutes of the meeting have been published on the Committee's webpages.
Committee reports Date published: 29 March 2022

The Prohibition of Smoking Outside Hospital Buildings (Scotland) Regulations 2022 [draft] - Introduction

Introduction This report sets out the Health, Social Care and Sport Committee's consideration of a Scottish Statutory Instrument (SSI) at its meeting on 29 March 2022. The minutes of the meeting have been published on the Committee's webpages.
Committee reports Date published: 2 March 2022

Subordinate Legislation Considered by the Health, Social Care and Sport Committee on 1 March 2022 - Introduction

Introduction This report sets out the Health, Social Care and Sport Committee's consideration of twoScottish Statutory Instruments (SSIs) at its meeting on 1 March 2022. The minutes of the meeting have been published on the Committee's webpages.
Committee reports Date published: 22 February 2022

The Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2022 [draft] - Introduction

Introduction This report sets out the Health, Social Care and Sport Committee's consideration of a Scottish Statutory Instrument (SSI) at its meeting on 22 February 2022. The minutes of the meeting have been published on the Committee's webpages.
Committees Meeting date: 2 November 2021

9th Meeting, 2021

Pre-budget scrutiny: Scotland's public finances in 2022-23 and the impact of COVID-19. TG.40-CR1 The Burns Room.

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