Date lodged: 23 April 2019
To ask the Scottish Government whether it will provide an update on the implementation of (a) the Victim Surcharge Fund and (b) Police Restitution Orders, and on what date each will be operational.
Answered by: Humza Yousaf 2 May 2019
All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .
Regarding Restitution Orders, we are working with the Scottish Police Federation, the Police Benevolent Fund and other stakeholders on the detail of implementation. We are also working with the UK Government on necessary changes to UK legislation. No date is set for restitution orders becoming operational.
The UK Government have estimated that the Order will come into force in summer 2019, subject to UK Parliamentary timescales. The Victim Surcharge (Scotland) Regulations will be laid before the Scottish Parliament as soon as practicable after the section 104 Order comes into force.
Regarding the Victim Surcharge Fund, and as set out in my answer to question S5O-02577 on 21 November 2018, we are seeking an Order under section 104 of the Scotland Act 1998 to facilitate recovery of the surcharge via deduction from benefits and bring Scotland into line with the powers that already exist in England and Wales.