- Latest available (Revised)
- Original (As enacted)
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021, Section 9.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9Duty with respect to ensuring individuals can make informed choicesS
This section has no associated Explanatory Notes
(1)In exercising their functions under paragraph (b) of section 8, the Scottish Ministers must use their best endeavours to ensure that persons who—
(a)are, or may be, considering making an application for a redress payment, or
(b)have decided to make, or have made, such an application,
have the opportunity to make informed choices.
(2)Accordingly, the Scottish Ministers must prepare and publish a statement setting out information about—
(a)the options available to such persons at each stage of the process of making an application for a redress payment,
(b)the support and other assistance available to such persons under the redress scheme, and
(c)the redress for survivors of historical child abuse in care in Scotland, including financial redress, which may be available to such persons otherwise than under the redress scheme.
(3)The statement (the “summary of options”) must include, or set out details of where to find, information about—
(a)the options a person has in relation to—
(i)making, pausing and withdrawing an application for a redress payment,
(ii)accepting an offer of a redress payment, including the timescales for so doing, and the effect of signing and returning a waiver,
(iii)requesting a review of a determination made by Redress Scotland,
(b)the sources and types of information or evidence that an application for a redress payment may or must contain or be accompanied by,
(c)how such information and evidence may be obtained and shared, in particular the assistance available under the scheme in connection with obtaining such information and evidence,
(d)the importance of obtaining independent legal advice, in particular before accepting an offer of a redress payment and signing and returning a waiver,
(e)the availability, under the redress scheme, of payment of fees for legal work in connection with applications, and
(f)the support available under the scheme in connection with applications for redress payments.
(4)The summary of options may include such other information as the Scottish Ministers consider appropriate.
(5)The Scottish Ministers must keep the summary of options under review and may modify it from time to time.
(6)In complying with their duty under subsection (5), the Scottish Ministers must have regard to any recommendations included, by virtue of paragraph 17(2) of schedule 1, in an annual report prepared by Redress Scotland.
(7)If the Scottish Ministers modify the summary of options, they must publish the modified summary.
Commencement Information
I1S. 9 in force at 7.12.2021 by S.S.I. 2021/419, reg. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.