Rule 3 Application for redress: procedure

(1)

An application for redress under section 3 of the Measure—

(a)

may be made in writing, or

(b)

may be made orally by means of such facility for making the application by telephone as the redress body arranges to provide.

(2)

An application made in writing—

(a)

must be verified by a statement of truth made by the applicant, and

(b)

must be submitted—

(i)

by means of the online facility provided by the redress body, or

(ii)

if that facility is not available or the applicant is unable to use it, by such other means as the redress body may permit.

(3)

An application made orally—

(a)

must be verified by a statement of truth made by the applicant, with the statement to be submitted in accordance with paragraph (2)(b), and

(b)

must be recorded in writing by the person who provides the facility referred to in paragraph (1)(b).

(4)

The application must be accompanied by—

(a)

evidence of the applicant’s identity (including, if the applicant’s name has changed since the abuse took place, evidence of the change of name sufficient to satisfy the redress body), and

(b)

evidence of the applicant’s postal address.

(5)

The application may be accompanied by any other material, in any form, which the applicant considers relevant to the application.

(6)

The application is to be regarded as being made on the day on which it is received by the redress body.

(7)

An application made orally—

(a)

is to be treated for the purposes of paragraph (4) as being accompanied by the evidence required by that paragraph as soon as that evidence is provided to the redress body in the manner specified in paragraph (2)(b), and

(b)

is to be treated for the purposes of paragraph (6) as received by the redress body on the day on which the statement of truth required by paragraph (3)(a) and the evidence required by paragraph (4) are provided to the redress body.

(8)

Where the application is made for a person who lacks capacity to make it by a person who has authority to do so for that person under the Mental Capacity Act 2005^f1, the application must be accompanied by evidence of the authority.

Annotations

Footnotes

f1: 2005 c. 9.