The Redress for Survivors (Historical Child Abuse in Care) (Payments Materially Affected by Error) (Scotland) Regulations 2021

Determination of result of a review under regulation 3

4.—(1) The review panel is to consider—

(a) whether the reconsideration panel which made the determination under regulation 2(6)(a) and, where appropriate, a re-determination under regulation 2(6)(b), ought to have reached a different outcome, and

(b) in a case where further relevant evidence is provided to or obtained by the review panel, whether the outcome ought to be determined differently as a result.

(2) The review panel may uphold, reverse or vary any part of the outcome of the reconsideration (whether the request for a review relates to that part of it or not).

(3) Once the review panel has conducted the review, Redress Scotland must inform the Scottish Ministers who must, as soon as reasonably practicable—

(a) notify the person who requested the review of the review panel’s determination, and

(b) provide the person with a summary, provided by Redress Scotland, of the review panel’s reasons for reaching that determination.

(4) The determination of the review panel under this regulation is final.

(5) For the avoidance of doubt, paragraph (4) does not prevent the determination of the review panel being the subject of a referral under regulation 2 provided that the referral relates to a different error from the one which previously led to the review.