Criminal Injuries Compensation (Northern Ireland) Order 2002
| Jurisdiction | UK Non-devolved |
2002No. 796
NORTHERN IRELAND
The Criminal Injuries Compensation (Northern Ireland) Order 2002
26thMarch2002
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
Article
1. |
Citation and commencement. |
2. |
Interpretation. |
PART II
NORTHERN IRELAND CRIMINAL INJURIES COMPENSATION SCHEME
3. |
Compensation for criminal injuries. |
4. |
Basis on which compensation is to be calculated. |
5. |
Claims and awards. |
6. |
Reviews. |
7. |
Appeals. |
8. |
Reports, accounts and financial records. |
9. |
Approval of the Scheme. |
10. |
Alterations to the Scheme. |
PART III
MISCELLANEOUS
11. |
Advice, assistance and support for victims. |
12. |
Disclosure of information. |
13. |
Financial provisions. |
14. |
Recovery from offender. |
15. |
Recovery from victim etc. |
16. |
Appeals from the county court. |
17. |
Offences. |
18. |
Repeals and transitional provisions. |
Schedule - |
Repeals |
At the Court at Buckingham Palace, the 26th day of March 2002
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998( 1)and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
PART I
INTRODUCTORY
Citation and commencement
1. - (1) This Order may be cited as the Criminal Injuries Compensation (Northern Ireland) Order 2002.
(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954( 2) shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Northern Ireland Assembly.
(2) In this Order, unless the context otherwise requires -
"award" means an award of compensation made in accordance with the provisions of the Scheme;
"the Board" means the Commissioners of Inland Revenue;
"compensation" means compensation payable under an award;
"criminal injury", "loss of earnings" and "special expenses" have such meaning as may be specified;
"income-based jobseeker's allowance" and "joint-claim couple" have the same meaning as in the Jobseeker's (Northern Ireland) Order 1995( 3);
"the Scheme" means the Northern Ireland Criminal Injuries Compensation Scheme;
"specified" means specified by the Scheme; and
"statutory provision" has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
(3) Any reference in this Order to the making of an award, or the payment of any sum, to a person includes a reference to the making of the award, or the payment of the sum, for the benefit of that person.
PART II
NORTHERN IRELAND CRIMINAL INJURIES COMPENSATION SCHEME
Compensation for criminal injuries
3. - (1) The Secretary of State shall make arrangements for the payment out of monies voted to him by Parliament of compensation to, or in respect of, persons who have sustained one or more criminal injuries in Northern Ireland.
(2) Any such arrangements shall include the making of a scheme providing, in particular, for -
(a) the circumstances in which awards may be made; and(b) the categories of person to whom awards may be made.(3) The scheme shall be known as the Northern Ireland Criminal Injuries Compensation Scheme.
(4) The Scheme may, in particular, include provision as to the circumstances in which an injury is to be treated for the purposes of the Scheme as having been sustained in Northern Ireland.
(5) The Scheme shall come into operation on such day or days as the Secretary of State may appoint.
(6) Where the Secretary of State appoints a day under paragraph (5) for the coming into operation of any provision of the Scheme, he may make such transitional provision as appears to him to be necessary or expedient in connection with the coming into operation of that provision.
(7) The Secretary of State shall lay before each House of Parliament a statement of any appointment made under paragraph (5) and any transitional provisions made under paragraph (6).
Basis on which compensation is to be calculated
4. - (1) The amount of compensation payable under an award shall be determined in accordance with the provisions of the Scheme.
(2) Provision shall be made for -
(a) a standard amount of compensation, determined by reference to the nature of the injury;(b) in such cases as may be specified, an additional amount of compensation calculated with respect to loss of earnings;(c) in such cases as may be specified, an additional amount of compensation calculated with respect to special expenses; and(d) in cases of fatal injury to a person, a bereavement support payment to acknowledge the grief and sorrow caused by the death of that person and the loss of that person's care, guidance and society, and such additional amounts as may be specified or otherwise determined in accordance with the Scheme.(3) Provision shall be made for the standard amount to be determined -
(a) 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; or(b) where no such 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.
(6) The Secretary of State may at any time alter any provision of the Scheme, and may in particular alter the Tariff -
(a) by adding to the descriptions of injury mentioned there;(b) by removing a description of injury;(c) by increasing or reducing the amount shown as the standard amount of compensation payable in respect of a particular description of injury; or(d) in such other way as he considers appropriate.(7) The Scheme may -
(a) provide for amounts of compensation not to exceed such maximum amounts as may be specified;(b) include such transitional provision with respect to any alteration of its provisions relating to compensation as the Secretary of State considers appropriate.Claims and awards
5. - (1) The Scheme shall include provision for claims for compensation to be determined and awards and payments of compensation to be made by the Secretary of State.
(2) The Scheme may, in particular, include provision -
(a) as to the circumstances in which an award may be withheld or the amount of compensation reduced;(b) for an award to be made subject to conditions;(c) for the whole or any part of any compensation to be repayable in specified circumstances;(d) for compensation to be held subject to trusts, in such cases as may be determined in accordance with the Scheme;(e) requiring claims under the Scheme to be made within such periods as may be specified by the Scheme; and(f) imposing other time limits.(3) 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.
(4) Where, in accordance with any provision of the Scheme made by virtue of paragraph (2)(c), any amount falls to be repaid it shall be recoverable as a debt due to the Crown.
(5) The Scheme may include provision requiring the Chief Constable to provide to a person making a claim under the Scheme a copy of any document relevant to that claim which he supplies to the Secretary of State, unless the Chief Constable would not be compelled to give that document in evidence or produce it in civil proceedings before the High Court.
Reviews
6. The Scheme shall include provision for...
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