Commentary on Sections Section 4: Commencement of proceedings under scheme
21.This section provides that a scheme may include such provision as the Secretary of State thinks fit about how proceedings under the scheme are to be started. It gives examples of the sort of provision that might be made about the starting of proceedings under the scheme (subsection (2)). It is, for example, envisaged that the scheme may provide that proceedings under the scheme cannot be commenced in respect of an injury where an offer under the redress scheme in respect of the same injury has previously been rejected.
22.The scheme may, for example, provide for a scheme member to be under a duty to start proceedings under the scheme, either on receipt of an application for redress, or as the result of a scheme member identifying a case to which the scheme applies (subsection (2)(a), (b) and (e) and also section 5). The scheme might also provide that each stage of the scheme is governed by time limits to ensure consistency and appropriate speed in the handling of cases (subsection (2)(c)).