This order revokes and replaces the original Restitution Fund Scotland Order 2021. Its purpose is to remove the Scottish Police Benevolent Fund as the operator of the restitution fund and to make provision for the Scottish Ministers to operate the fund. This order maintains provision for the administration of the fund, including making payments from the fund.
The fund will be used to support services for police officers, police staff or any person assisting them in the course of their duties who have been victims of assault. Restitution orders are imposed by the courts in a similar way to fines. The money which is received from the restitution orders is paid into the restitution fund. The fund is ring fenced for the purposes set out in the legislation.
While police officers and police staff who are the victims of assault can currently access support services, for example, through Police treatment centres or through Police Scotland’s workplace, provision of occupational health and employee assistance.
The restitution fund makes additional funds available for valuable support services and is also available to any person assisting the police in support of their duties, who is the victim of assault. We anticipate that the most likely victims of assault under Section 91 of the Police and Reform Scotland Act 2012, will be police officers and custody officers.
Support services can be any type of service or treatment which is intended to benefit the physical and mental health or wellbeing of the victim. There is no limit to the type of treatment or support that will be considered, and it could extend to the purchase of specialist equipment or to funding adjustments where appropriate, or to provision of support services in a different location or setting.
The main limitation of the fund is that it cannot be used to provide a direct payment to victims. Having Ministers operate the fund does not introduce any barriers to the way the restitution fund will be operated and the revised equality impact assessment concludes that the provision of this instrument does not discriminate in any significant way, and access to support from the fund is not impacted by any protected characteristic.
No one should face abuse or violence while at work, and I believe that the restitution order sends a very clear message that if you assault or police officers or police staff, you will pay for your actions.