- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021 No. 479
3.—(1) A relevant person who is notified of the outcome of a reconsideration under regulation 2(7) may request a review of it.
(2) A request for a review must—
(a)be made in writing to the Scottish Ministers,
(b)be made before the end of the period of 8 weeks beginning with the date on which notice of the outcome was received by the relevant person under regulation 2(7),
(c)specify why a review is being requested, and
(d)contain or be accompanied by any information the person requesting the review considers relevant.
(3) The Scottish Ministers must, as soon as reasonably practicable after receiving a request for a review, provide the request, and any information accompanying it, to Redress Scotland.
(4) A review may be conducted despite the request for it not being made within the period specified in paragraph (2)(b) if Redress Scotland is satisfied that the relevant person requesting the review had a good reason for not requesting a review sooner.
(5) A review is to be determined on behalf of Redress Scotland by a panel of at least 2 members of Redress Scotland appointed by the chairing member and must not include any member of the reconsideration panel which determined the outcome which is the subject of a request for a review.
(6) The review panel is to determine the review on the basis of—
(a)the evidence on which the outcome which is the subject of the request for a review was determined, and
(b)any further relevant evidence which is provided to or obtained by the review panel, including any information contained in or accompanying the request for a review and any written representations which are made to the review panel.
(7) The procedure for conducting a review is otherwise to be determined by Redress Scotland.
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