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Rule 11 Determination of award of redress

Original text. Later amendments are not shown.

(1)

Where, on an application for redress under section 3 of the Measure, the redress body makes an award of redress (whether in the form of a redress payment or some other remedy), it must, when giving the written notification under rule 10(1), invite the applicant to indicate—

(a)

whether the applicant wishes to accept, or wishes not to accept, the award,

(b)

in so far as the award consists of a redress payment and the applicant wishes to receive the payment, whether the applicant would prefer to receive the payment as a single lump sum or by instalments, and

(c)

if the applicant indicates under sub-paragraph (b) a preference for receiving the payment by instalments, the frequency with which the applicant would wish the instalments to be paid (but see rule 14(2)(b)).

(2)

If the applicant does not reply to the invitation before the end of six months beginning with the date of the notification under rule 10(1), the award lapses.

(3)

Where personal representatives proceeded with the application by virtue of rule 7(7), the award forms part of the deceased’s residuary estate.

(4)

In deciding the form or content of the remedy, the redress body must have due regard to guidance prepared by the Archbishops’ Council on the provision of remedies other than redress payments (see section 22(3) of the Measure).