234.This section allows for the imposition of a requirement on a person to respond to the recommendations made in a case review report. This requirement is imposed by a statement being made in a report approved under section 27(5) that a person is required to provide a response. Given the role of the case review panel and the review oversight committee in the report being prepared and approved, such a requirement could therefore be imposed by either of them but if it is imposed by the panel then it would require the consent of the committee in order to remain in the report which is approved.
235.Where a requirement is imposed, the review oversight committee must give the person a copy of the report so that the person is able to give a meaningful and informed response. The person must then, within such reasonable period as the committee specifies, provide the committee and the Scottish Ministers with a statement in response. That statement must set out what the person has done, or proposes to do, to give effect to the recommendation, and to the extent that the person does not intend to give effect to the recommendation then the statement must give the person’s reasons for that.
236.The review oversight committee and the Scottish Ministers are both empowered under subsection (3) to publish (fully or partially) the person’s written statement, and to publicise any failure to comply with a requirement to respond.
Interpretation Reporting Section 29 – Requirement to respond to report recommendations