Criminal Injuries Compensation Act 1995

11 Parliamentary control. E+W+S

(1) Before making the Scheme, the Secretary of State shall lay a draft of it before Parliament.

(2) The Secretary of State shall not make the Scheme unless the draft has been approved by a resolution of each House.

(3) Before making any alteration to the Tariff or to any provision of the Scheme as to—

(a) any additional amount mentioned in section 2(2),

(b) the circumstances in which compensation may be payable with respect to a criminal injury of a kind for which no provision is made by the Tariff,

(c) the calculation of compensation in respect of multiple injuries,

(d) compensation payable in respect of children conceived as a result of rape[F1 or an offence under section 30 of the Sexual Offences Act 2003],

(e) the circumstances in which an award may be withheld or compensation reduced,

(f) any limit on compensation imposed by a provision made by virtue of section 2(7)(a),

the Secretary of State shall lay before Parliament a draft of the provision as proposed to be altered.

(4) Before making any alteration to a provision of the Scheme which—

(a) gives a right of appeal, F2 ...

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Secretary of State shall lay before Parliament a draft of the provision as proposed to be altered.

(5) Where the Secretary of State is required to lay a draft before Parliament under subsection (3) or (4) he shall not give effect to the proposal concerned unless the draft has been approved by a resolution of each House.

(6) Whenever any other provision of the Scheme is altered, the Secretary of State shall lay a statement of the altered provision before Parliament.

(7) If any statement laid before either House of Parliament under subsection (6) is disapproved by a resolution of that House passed before the end of the period of 40 days beginning with the date on which the statement was laid, the Secretary of State shall—

(a) make such alterations in the Scheme as appear to him to be required in the circumstances; and

(b) before the end of the period of 40 days beginning with the date on which the resolution was made, lay a statement of those alterations before Parliament.

(8) In calculating the period of 40 days mentioned in subsection (7), any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days shall be disregarded.

[F3 (8A) No regulations under section 7A(1) or order under section 7B(3) shall be made unless a draft of the regulations or order has been laid before, and approved by a resolution of, the Scottish Parliament.]

[F4 (9) In subsection (3) “ rape ”, in relation to anything done in England and Wales, means an offence under section 1 or 5 of the Sexual Offences Act 2003[F5 , and in relation to anything done in Scotland means rape (whether at common law or under section 1(1) of the Sexual Offences (Scotland) Act 2009 (asp 9)) and rape of a young child (under section 18 of that Act)]. ]

Textual Amendments

F1 Words in s. 11(3)(d) inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 34(a); S.I. 2004/874, art. 2

F2 S. 11(4)(b) and word omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 126

F3 S. 11(8A) inserted (S.) (8.12.2005) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 20(3), 24(1)

F4 S. 11(9) inserted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 34(b); S.I. 2004/874, art. 2

F5 Words in s. 11(9) inserted (S.) (1.12.2010) by Sexual Offences (Scotland) Act 2009 (asp 9), s. 62(2), Sch. 5 para. 3; S.S.I. 2010/357, art. 2(a)