Detailed Provisions Part 4: Financial redress: redress payments Chapter 4: Death of applicant Section 69: Outcome of a section 68 review
197.Subsection (1) sets out what a panel conducting a review under section 68 (review of determination made under section 66(3)) must consider; namely, whether the panel that made the original determination ought to have reached a different determination and, where additional evidence is provided to or obtained by the panel conducting the review, whether the application should now be determined differently on the basis of that additional evidence. In either case, the review panel may uphold or reverse the original determination.
198.Subsection (2) requires Redress Scotland to inform the Scottish Ministers of the outcome following the review. The Scottish Ministers must then, as soon as reasonably practicable, notify the nominated beneficiary of the review panel’s determination, and provide the nominated beneficiary with a summary of the panel’s reasons for reaching that determination. Paragraph 60 of these Notes applies equally to the form of notice of a determination under this section. Subsection (3) provides that where the review panel reverses the original determination, the Scottish Ministers must invite the nominated beneficiary to take over the application. Subsection (4) provides that, where the review panel determines that the nominated beneficiary is to take over the application, it is to be treated as having been continued by section 66(3), so section 71 would apply to those who are invited to take over an application following a review just as it would apply to those who were invited to take over an application from the outset.
199.In accordance with subsection (5), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision.