- 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) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 No. 44
5.—(1) A solicitor must, prior to undertaking legal work in exceptional or unexpected circumstances as referred to in regulation 2(1)(b)—
(a)make a request in writing to the Scottish Ministers for authority in principle to undertake the legal work, and
(b)specify the additional sum which the solicitor considers is likely to be requested in respect of the legal work.
(2) The Scottish Ministers must, as soon as reasonably practicable after receiving a request under paragraph (1), provide the request and any information accompanying it to Redress Scotland.
(3) On receipt of a request under paragraph (2), Redress Scotland must as soon as reasonably practicable—
(a)assess whether there are exceptional or unexpected circumstances which justify the solicitor reasonably undertaking the legal work so that authority in principle ought to be given, and
(b)where satisfied that there are exceptional or unexpected circumstances which justify the legal work being reasonably undertaken, indicate if the additional sum specified under paragraph (1)(b) or such other sum is appropriate.
(4) Once Redress Scotland has carried out its assessment, it must inform the Scottish Ministers who must, as soon as reasonably practicable, provide the solicitor who made the request with—
(a)the outcome of the request, and
(b)a summary, provided by Redress Scotland, of the reasons for that.
(5) Redress Scotland may dispense with any of the requirements under this regulation if satisfied that the solicitor had a good reason for not having obtained authority in principle to undertake the legal work prior to undertaking it.
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