Detailed Provisions Meaning of “abuse” Section 19: Meaning of “abuse”
41.This section defines what constitutes “abuse” for the purpose of the redress scheme provided for under this Act. Subsection (1) provides that “abuse” includes sexual, physical and emotional abuse and abuse which takes the form of neglect. As read with section 18, this would include abuse by peers within a relevant care setting. This definition mirrors the definition of “abuse” as used in section 17A of the Prescription and Limitation (Scotland) Act 1973 (as inserted by section 1 of the Limitation (Childhood Abuse) (Scotland) Act 2017).
42.Subsection (2) provides that corporal punishment will constitute “physical abuse” for the purpose of potential eligibility for redress where, at the time it was administered, it was not permitted under or by virtue of any enactment or rule of law. That would be because of the fact that it was excessive, arbitrary or cruel, because it was administered for an improper motive, or because it was not permitted for another reason.