Criminal Injuries Compensation Act 1995 (Version in vigour from 2010-12-01 to )
| Currency | No known outstanding effects |
| Coming into Force | 01 December 2010 |
(1) The Secretary of State shall make arrangements for the payment of compensation to, or in respect of, persons who have sustained one or more criminal injuries.the circumstances in which awards may be made; andthe categories of person to whom awards may be made.(3) The scheme shall be known as the Criminal Injuries Compensation Scheme.(4) In this Act—(1) The amount of compensation payable under an award shall be determined in accordance with the provisions of the Scheme.a standard amount of compensation, determined by reference to the nature of the injury;in such cases as may be specified, an additional amount of compensation calculated with respect to loss of earnings;in such cases as may be specified, an additional amount of compensation calculated with respect to special expenses; andin cases of fatal injury, such additional amounts as may be specified or otherwise determined in accordance with the Scheme.in accordance with a table (“the Tariff”) prepared by the Secretary of State as part of the Scheme and such other provisions of the Scheme as may be relevant; orwhere no provision is made in the Tariff with respect to the injury in question, in accordance with such provisions of the Scheme as may be relevant.(4) The Tariff shall show, in respect of each description of injury mentioned in the Tariff, the standard amount of compensation payable in respect of that description of injury.(5) An injury may be described in the Tariff in such a way, including by reference to the nature of the injury, its severity or the circumstances in which it was sustained, as the Secretary of State considers appropriate.by adding to the descriptions of injury mentioned there;by removing a description of injury;by increasing or reducing the amount shown as the standard amount of compensation payable in respect of a particular description of injury; orin such other way as he considers appropriate.provide for amounts of compensation not to exceed such maximum amounts as may be specified;include such transitional provision with respect to any alteration of its provisions relating to compensation as the Secretary of State considers appropriate.as to the circumstances in which an award may be withheld or the amount of compensation reduced;for an award to be made subject to conditions;for the whole or any part of any compensation to be repayable in specified circumstances;for compensation to be held subject to trusts, in such cases as may be determined in accordance with the Scheme;requiring claims under the Scheme to be made within such periods as may be specified by the Scheme; andimposing other time limits.(2) Where, in accordance with any provision of the Scheme, it falls to one person to satisfy another as to any matter, the standard of proof required shall be that applicable in civil proceedings.(3) Where, in accordance with any provision of the Scheme made by virtue of subsection (1) (c) , any amount falls to be repaid it shall be recoverable as a debt due to the Crown.if a Scheme manager has been appointed, by persons appointed for the purpose by the Scheme manager; butotherwise by persons (“claims officers”) appointed for the purpose by the Secretary of State.shall be appointed on such terms and conditions as the Secretary of State considers appropriate; butshall not be regarded as having been appointed to exercise functions of the Secretary of State or to act on his behalf.(6) No decision taken by a claims officer shall be regarded as having been taken by, or on behalf of, the Secretary of State.he shall not be regarded as exercising functions of the Secretary of State or as acting on his behalf; andno decision taken by him or by any person appointed by him shall be regarded as having been taken by, or on behalf of, the Secretary of State.(1) The Scheme shall include provision for the review, in such circumstances as may be specified, of any decision taken in respect of a claim for compensation.(2) Any such review must be conducted by a person other than the person who made the decision under review.(1) The Scheme shall include provision for rights of appeal to the First-tier Tribunal against decisions taken on reviews under provisions of the Scheme made by virtue of section 4.(8) In Schedule 1 to the The adjudicators appointed under section 5 of the Criminal Injuries Compensation Act 1995 (c 53) .(9) The power conferred by section 3(1) (a) to provide for the reduction of an amount of compensation includes power to provide for a reduction where, in the opinion of the F14First-tier Tribunal determining an appeal, the appeal is frivolous or vexatious.for such person or persons as the Secretary of State considers appropriate to make an annual report to him F2and the Scottish Ministers; andto be made as soon as possible after the end of each financial year; andto cover the operation of, and the discharge of functions conferred by, the Scheme during the year to which it relates.(2) The Secretary of State shall lay before each House of Parliament a copy of every such annual report F3and the Scottish Ministers
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