- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Surrender of Offensive Weapons (Compensation) (Scotland) Regulations 2022 ISBN 978-0-11-105469-7
6.—(1) The Scottish Ministers must determine a claim made under regulation 5 as soon as reasonably practicable.
(2) The Scottish Ministers must determine the amount of compensation payable in accordance with paragraphs (3) to (8).
(3) The amount of compensation payable for a weapon, if any, is the standard level of compensation, unless the claimant has claimed a higher amount of compensation.
(4) Where the claimant has sought a higher amount of compensation than the standard level of compensation for that weapon, the Scottish Ministers must determine the amount payable, if any, taking account of the valuation evidence supplied.
(5) Subject to paragraph (6), no compensation is payable in respect of a claim which amounts to less than £30.
(6) The Scottish Ministers may pay compensation in respect of a weapon surrendered during the required period which amounts to less than £30 if—
(a)the claimant has surrendered a zombie knife in accordance with arrangements made under article 3(1) of the 2022 Order,
(b)the claimant surrendered that zombie knife within the required period provided at article 1(3) of the 2022 Order,
(c)the claimant has made a claim for compensation in respect of that weapon under article 6(3) of the 2022 Order, and
(d)the total value of the claim for the zombie knife surrendered in accordance with arrangements made under article 3(1) of the 2022 Order (as determined in accordance with the 2022 Order) and the claim for the surrendered weapon (as determined in accordance with these Regulations) amounts to £30 or more.
(7) If satisfied that compensation is payable under this regulation, the Scottish Ministers must—
(a)notify the claimant in writing of the amount of compensation that the Scottish Ministers consider is payable and give reasons for the decision, and
(b)make payment of the amount determined either—
(i)to the bank account nominated for this purpose on the claim form, or
(ii)by cheque sent to the address provided on the claim form.
(8) If not satisfied that compensation is payable, the Scottish Ministers must notify the claimant in writing that no compensation is to be paid and give reasons for the decision.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: