The Restitution Fund (Scotland) Order 2025: equality impact assessment

Executive summary

There are no impacts on those with protected characteristics as a result of Restitution Orders.

An EQIA was developed prior to the commencement of the Restitution Fund (Scotland) Order 2021. A new order, (Restitution Fund (Scotland) Order 2025, will revoke the current operator, the Scottish Police Benevolent Fund, and names Scottish Ministers as the operator with the policy intention and eligibility of the Restitution Fund remaining the same.

Beneficiaries of support from the Restitution Fund will be eligible on the basis that they are victims of assault on police (under section 90(1) of the Police and Fire Reform (Scotland Act 2012). It is not impacted on by any protected characteristics. The Restitution Fund Working Group recognised the need to ensure that all those eligible for support from the Restitution Fund should have the opportunity to access support that meets their needs (within the limits of the funds available). Therefore, the operation of the Fund allows for applications to the Fund to meet an individual’s needs, rather than offering a limited range of services. This will mitigate against any unforeseen impacts on those with protected characteristics.

For offenders, the courts will have the option of imposing a restriction order by virtue of the offence, and this is not impacted on by protected characteristics. In any given situation, the level of financial penalty imposed by the courts is likely to be the same regardless of whether it is a restriction order or another financial penalty such as a fine. The financial impact on the offender and their family, and any resulting impacts, are therefore anticipated to be unchanged as a result of restriction orders.