Detailed Provisions Part 4: Financial redress: redress payments Chapter 5: Redress payments or determinations made in error Section 76: Review of reconsidered determination
223.This section provides for a review of a determination under section 75 (reconsideration of determination where possible material error).
224.In accordance with subsection (2), any request for a review must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received by the person requesting the review (that is, the person who was notified of the determination under section 75). The Scottish Ministers must then provide the request and accompanying information to Redress Scotland as soon as reasonably practicable. Where the Scottish Ministers set requirements in relation to the form for a request for a review, the request must be in that form (any such requirements being publicised under subsection (5)). The request must also specify why a review is being sought, and contain or be accompanied by any other information the applicant considers relevant.
225.Subsection (4) permits a review to be conducted despite the request for it not being made within the timescale specified in subsection (2), if Redress Scotland is satisfied that the applicant has a good reason for not requesting it sooner.
226.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 77.