The Victims and Survivors (Northern Ireland) Order 2006

Statutory Instruments

2006 No. 2953 (N.I.17)

NORTHERN IRELAND

The Victims and Survivors (Northern Ireland) Order 2006

Made

14th November 2006

Coming into operation in accordance with Article 1(2) to (4)

At the Court at Buckingham Palace, the 14th day of November 2006

Present,

The Queen's Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 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:–

Introductory N.I.

Title and commencement N.I.

1.—(1) This Order may be cited as the Victims and Survivors (Northern Ireland) Order 2006.

(2) The following provisions of this Order come into operation two weeks after the day on which this Order is made—

(a) this Article; and

(b) Articles 2 and 3.

(3) The other provisions of this Order come into operation on such day or days as the Office may by order appoint.

(4) An order under paragraph (3) may contain such transitional provisions as appear to the Office to be appropriate.

Subordinate Legislation Made

P1 Art. 1(3) power fully exercised: 15.2.2007 appointed by {S.R. 2007/96}, art. 2

Interpretation: general N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“the [F1 Commission]” means the [F1 Commission] for Victims and Survivors for Northern Ireland;

“conflict-related incident” means an incident appearing to the [F2 Commission] to be a violent incident occurring in or after 1966 in connection with the affairs of Northern Ireland;

“information” includes information recorded in any form;

“the Office” means the Office of the First Minister and deputy First Minister;

“practice” includes policy.

Textual Amendments

F1 Word in art. 2(2) in definition of "Commission" substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F2 Word in art. 2(2) in definition of "conflict-related incident" substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

Interpretation: “victim and survivor” N.I.

3.—(1) In this Order references to “ victim and survivor” are references to an individual appearing to the [F3 Commission] to be any of the following—

(a) someone who is or has been physically or psychologically injured as a result of or in consequence of a conflict-related incident;

(b) someone who provides a substantial amount of care on a regular basis for an individual mentioned in paragraph (a); or

(c) someone who has been bereaved as a result of or in consequence of a conflict-related incident.

(2) Without prejudice to the generality of paragraph (1), an individual may be psychologically injured as a result of or in consequence of—

(a) witnessing a conflict-related incident or the consequences of such an incident; or

(b) providing medical or other emergency assistance to an individual in connection with a conflict-related incident.

Textual Amendments

F3 Word in art. 3(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

The [F4 Commission] N.I.

Textual Amendments

F4 Word in art. 4 cross-heading substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

The [F5 Commission] for Victims and Survivors for Northern Ireland N.I.

4.— [F6 (1) There shall be a body corporate to be known as the Commission for Victims and Survivors for Northern Ireland.

(2) The Schedule has effect in relation to the Commission.]

(4) This Article shall cease to have effect on such day as the First Minister and deputy First Minister acting jointly may by order appoint.

(5) An order under paragraph (4) may include such transitional provisions as appear to the First Minister and deputy First Minister to be appropriate.

(6) No order may be made under paragraph (4) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

Textual Amendments

F5 Word in art. 4 heading substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F6 Art. 4(1)(2) substituted (23.5.2008) for art. 4(1)-(3) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(2)

Principal aim of the [F7 Commission] N.I.

5.  The principal aim of the [F8 Commission] in exercising [F9 its] functions under this Order is to promote the interests of victims and survivors.

Textual Amendments

F7 Word in art. 5 heading substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F8 Word in art. 5 substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F9 Word in art. 5 substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

Duties of the [F10 Commission] N.I.

6.—(1) The [F11 Commission] shall promote an awareness of matters relating to the interests of victims and survivors and of the need to safeguard those interests.

(2) The [F12 Commission] shall keep under review the adequacy and effectiveness of law and practice affecting the interests of victims and survivors.

(3) The [F13 Commission] shall keep under review the adequacy and effectiveness of services provided for victims and survivors by bodies or persons.

(4) The [F14 Commission] shall advise the Secretary of State, the Executive Committee of the Assembly and any body or person providing services for victims and survivors on matters concerning the interests of victims and survivors—

(a) as soon as reasonably practicable after receipt of a request for advice; and

(b) on such other occasions as the [F15 Commission] thinks appropriate.

(5) The [F16 Commission] shall take reasonable steps to ensure that the views of victims and survivors are sought concerning the exercise by the [F16 Commission] of [F17 its] functions.

(6) The [F18 Commission] shall make arrangements for a forum for consultation and discussion with victims and survivors.

Textual Amendments

F10 Word in art. 6 heading substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F11 Word in art. 6(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F12 Word in art. 6(2) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F13 Word in art. 6(3) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F14 Word in art. 6(4) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F15 Word in art. 6(4)(b) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F16 Word in art. 6(5) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F17 Word in art. 6(5) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

F18 Word in art. 6(6) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

General powers of the [F19 Commission] N.I.

7.—(1) The [F20 Commission] may undertake, commission or provide financial or other assistance for research or educational activities concerning the interests of victims and survivors or the exercise of [F21 its] functions.

(2) The [F22 Commission] may, after consultation with such bodies or persons as [F23 it] thinks fit, issue guidance on best practice in relation to any matter concerning the interests of victims and survivors.

(3) The [F24 Commission] may—

(a) compile information concerning the interests of victims and survivors;

(b) provide advice or information on any matter concerning the interests of victims and survivors;

(c) publish any matter concerning the interests of victims and survivors, including—

(i) the outcome of any research or activities mentioned in paragraph (1);

(ii) any advice provided by the [F25 Commission].

(4) The [F26 Commission] may make representations or recommendations to any body or person concerning the interests of victims and survivors.

Textual Amendments

F19 Word in art. 7 heading substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F20 Word in art. 7(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F21 Word in art. 7(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

F22 Word in art. 7(2) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F23 Word in art. 7(2) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

F24 Word in art. 7(3) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F25 Word in art. 7(3)(c)(ii) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F26 Word in art. 7(4) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

Work programmes N.I.

8.—(1) The [F27 Commission] shall, at such time, in such form and in respect of such period as the First Minister and deputy First Minister acting jointly may direct, prepare and submit to the First Minister and deputy First Minister a programme of [F28 its] proposed activities in exercise of [F28 its] functions (referred to in this Article as “a work programme”).

(2) A work programme submitted to the First Minister and deputy First Minister under this Article shall include—

(a) in respect of each activity mentioned in the programme, an estimate of the [F29 Commission's] expenditure and receipts;

(b) such other matters as the First Minister and deputy First Minister acting jointly may direct.

(3) Before submitting a work programme under this Article, the [F30 Commission] shall consult such bodies or persons as [F31 it] thinks fit.

(4) The First Minister and deputy First Minister acting jointly may request the [F32 Commission] to furnish such information in connection with any work programme submitted to them as they may require, including information as to the results of any consultations under paragraph (3).

(5) The First Minster and deputy First Minister acting jointly may, after making such modifications, if any, in the work programme as, after consultation with the [F33 Commission], they consider necessary, approve any work programme submitted under this Article.

(6) The [F34 Commission] may at any time, and shall if the First Minister and deputy First Minister acting jointly so direct, prepare and submit to the First Minister and deputy First Minister a revised work programme or an amendment to an existing work programme and paragraphs (2) to (5) shall apply in relation to any such revised work programme or amendment as they apply in relation to the original work programme.

(7) It shall be the duty of the [F35 Commission]—

(a) to carry out the activities in the work programme approved under this Article in accordance with that programme;

(b) not to carry out any activities or incur any expenditure in any period except in accordance with the work programme approved under this Article in respect of that period.

Textual Amendments

F27 Word in art. 8(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F28 Word in art. 8(1) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

F29 Word in art. 8(2)(a) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F30 Word in art. 8(3) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F31 Word in art. 8(3) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(b)

F32 Word in art. 8(4) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F33 Word in art. 8(5) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F34 Word in art. 8(6) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

F35 Word in art. 8(7) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

Supplementary provisions N.I.

Privilege for certain publications N.I.

9.  For the purposes of the law of defamation, publication by the [F36 Commission] of any matter which the [F36 Commission] is required or authorised to publish under this Order shall be absolutely privileged.

Textual Amendments

F36 Word in art. 9 substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

Payment of grants by the Office N.I.

10.—(1) The Office may, with the approval of the Department of Finance and Personnel, pay such grants to such bodies or persons as it considers appropriate in connection with measures which appear to the Office to be intended to assist victims and survivors.

(2) Grants under this Article may be subject to such terms and conditions as the Office may, with the approval of the Department of Finance and Personnel, determine.

(3) For the purposes of this Article, the definition of “victim and survivor” shall have effect as if for the word “ [F37 Commission]” there were substituted the word “Office”.

Textual Amendments

F37 Word in art. 10(3) substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(4)(a)

Christine Cook

Deputy Clerk of the Privy Council

[F38 SCHEDULE N.I. THE COMMISSION FOR VICTIMS AND SURVIVORS FOR NORTHERN IRELAND

Textual Amendments

F38 Sch. substituted (23.5.2008) by Commission for Victims and Survivors Act (Northern Ireland) 2008 (c. 6), s. 1(3), Sch. 1

Status N.I.

1— (1) The Commission shall not be regarded as— N.I.

(a) the servant or agent of the Crown; or

(b) enjoying any status, privilege or immunity of the Crown.

(2) The property of the Commission shall not be regarded as property of, or property held on behalf of, the Crown.

(3) Subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 shall apply to the Commission.

General powers N.I.

2— (1) The Commission may do anything, apart from borrowing money, which it considers is— N.I.

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

(2) Without prejudice to the generality of sub-paragraph (1), that includes co-operating with other bodies or persons exercising functions relating to victims and survivors (whether in the United Kingdom or elsewhere).

Constitution and terms of office N.I.

3— (1) The Commission shall consist of such members as are appointed by the First Minister and deputy First Minister acting jointly. N.I.

(2) Subject to the provisions of this Schedule, a member shall hold and vacate office in accordance with the terms of that member's appointment.

(3) A person shall not be appointed as a member for more than 4 years at a time, and a person appointed to fill a casual vacancy shall hold office for the remainder of the term of the person in whose place that person is appointed.

(4) A person who ceases to be a member on the expiration of that person's first term as a member shall be eligible for re-appointment, but a person who has been re-appointed as a member by virtue of this sub-paragraph shall not be eligible for appointment or re-appointment as a member at any time after the end of that person's second term as a member

(5) A person may at any time resign from office as a member by notice in writing to the First Minister and deputy First Minister.

(6) The First Minister and deputy First Minister acting jointly may remove a person from office as a member if satisfied that that person has—

(a) been convicted of a criminal offence;

(b) become bankrupt or made an arrangement or composition with that person's creditors;

(c) failed to comply with the terms of that person's appointment; or

(d) become unfit or unable to exercise that person's functions as a member.

Remuneration, etc. of members N.I.

4— (1) The Commission shall pay to its members such remuneration and allowances as the Office may determine. N.I.

(2) If the Office so determines, the Commission shall pay or make provision for the payment of such pension, allowances or gratuities as the Office may determine to or in respect of a person who is or has been a member.

(3) If—

(a) a person ceases to be a member, and

(b) it appears to the Office that there are special circumstances which make it right that that person should receive compensation,

the Office may direct the Commission to make a payment to that person of such amount as the Office may determine.

(4) A determination or direction of the Office under this paragraph requires the approval of the Department of Finance and Personnel.

Staff, etc. N.I.

5— (1) The Commission may appoint such employees as it considers necessary, subject to the approval of the Office as to numbers. N.I.

(2) If it appears to the Commission that a person it proposes to appoint as an employee has at any time been convicted of a criminal offence, the Commission may only make the appointment if it has obtained the approval of the First Minister and deputy First Minister to the appointment.

6— (1) The Commission may make arrangements with a Northern Ireland department for persons employed in the Northern Ireland civil service to be seconded to the Commission. N.I.

(2) Arrangements made with a department other than the Department of Finance and Personnel require the approval of that Department

7— (1) The Commission shall pay to its employees such remuneration and allowances as it may determine. N.I.

(2) The Commission shall—

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of its employees as it may determine; and

(b) provide and maintain such schemes (whether contributory or not) as it may determine, with the approval of the Office and the Department of Finance and Personnel, for the payment of pensions or gratuities to or in respect of its employees or former employees.

(3) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

(4) Employment as an officer of the Commission is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 (NI 10) can apply and, accordingly, in Schedule 1 to that Order in the entry “Employment by the Commissioner for Victims and Survivors for Northern Ireland” for “Commissioner” substitute “ Commission ”.

(5) A determination of the Commission under this paragraph requires the approval of—

(a) the Office; and

(b) the Department of Finance and Personnel.

Delegation to staff N.I.

8   The Commission may, to such extent as it may determine, delegate any of its functions to— N.I.

(a) any employee of the Commission; or

(b) any person seconded to the Commission in accordance with arrangements made under paragraph 6.

Proceedings N.I.

9— (1) The Commission may by standing orders make such provision as it thinks fit to regulate its own proceedings (including quorum). N.I.

(2) Standing orders may be made or amended by the Commission only with the agreement of all the members who vote on the matter.

(3) Standing orders shall provide for a decision on any of the following matters to be taken by the Commission only with the agreement of all the members who vote on the matter—

(a) the provision of financial assistance under Article 7(1);

(b) the preparation and submission under Article 8 of—

(i) a work programme

(ii) a revised work programme; or

(iii) an amendment to an existing work programme.

(4) Standing orders shall provide for a decision on any other matter to be taken by the Commission on a simple majority of the members who vote on the matter.

(5) In making representations or recommendations under Article 7(4) in connection with a review under Article 6(2), the Commission shall in relation to each representation or recommendation specify whether it is made—

(a) with the agreement of all the members who voted on the matter; or

(b) on a simple majority of the members who voted on the matter.

(6) The First Minister and deputy First Minister acting jointly—

(a) shall keep under review the working arrangements of the Commission;

(b) may—

(i) designate a member as Chief Commissioner;

(ii) at any time revoke that designation;

(c) may give directions to the Commission regulating its procedure (including directions supplementing or amending any standing orders of the Commission).

10   The validity of any proceedings of the Commission shall not be affected by— N.I.

(a) any vacancy among its members; or

(b) any defect in the appointment of any of its members.

Seal N.I.

11   The application of the seal of the Commission shall be authenticated by the signatures of— N.I.

(a) a member; and

(b) any other person generally or specially authorised by the Commission to act for that purpose.

Contracts, etc. N.I.

12   Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act for the purpose. N.I.

Evidence N.I.

13   A document purporting to be— N.I.

(a) duly executed under the seal of the Commission, or

(b) signed on behalf of the Commission,

shall be received in evidence and, unless the contrary is proved, shall be taken to be so executed or signed

Funding N.I.

14— (1) The Office may make payments to the Commission out of money appropriated for the purpose. N.I.

(2) Payments under this paragraph shall be made on such terms and conditions as the Office may determine.

(3) Subject to sub-paragraph (4), the Commission shall pay to the Office all sums received by it in the course of, or in connection with, the carrying out of its functions.

(4) Sub-paragraph (3) shall not apply to such sums, or sums of such description as the Office may direct.

(5) Any sums received by the Office under sub-paragraph (3) shall be paid into the Consolidated Fund.

(6) A determination or direction of the Office under this paragraph requires the approval of the Department of Finance and Personnel.

Accounts N.I.

15— (1) The Commission shall— N.I.

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall—

(a) be in such form, and

(b) contain such information,

as the Office may, with the approval of the Department of Finance and Personnel, direct.

(3) The Commission shall, within such period after the end of each financial year as the Office may direct, send copies of the statement of accounts relating to that year to—

(a) the Office; and

(b) the Comptroller and Auditor General.

(4) The Comptroller and Auditor General shall—

(a) examine, certify and report on every statement of accounts sent to the Comptroller and Auditor General by the Commission under this paragraph; and

(b) send a copy of the Comptroller and Auditor General's report to the Office.

(5) The Office shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

(6) In this paragraph “the Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

Annual report N.I.

16— (1) As soon as practicable after the end of each financial year, the Commission shall send to the Office a report on the carrying out of its functions during that year. N.I.

(2) The Office—

(a) shall lay a copy of every report sent to it under this paragraph before the Assembly; and

(b) shall send a copy of every such report to the Secretary of State.

The Northern Ireland Assembly Disqualification Act 1975 (c. 25) N.I.

17   In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place— “ The Commission for Victims and Survivors for Northern Ireland ”. N.I.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) N.I.

18   In Schedule 2 to the Commissioner for Complaints (Northern Ireland) Order 1996 (bodies subject to investigation) there shall be inserted, at the appropriate place— N.I.

“The Commission for Victims and Survivors for Northern Ireland”.

The Freedom of Information Act 2000 (c. 36) N.I.

19   In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted, at the appropriate place— “ The Commission for Victims and Survivors for Northern Ireland ”. N.I.

Interpretation N.I.

20   In this Schedule— N.I.

“financial year” means—

(a)

the period beginning with the date of the coming into operation of section 1 of the Commission for Victims and Survivors Act (Northern Ireland) 2008 and ending on the next following 31st March; and

(b)

any subsequent period of 12 months ending on 31st March; and

“member” means a member of the Commission.]

Explanatory Note

(This note is not part of the Order)

This Order provides for the appointment and functions of the Commissioner for Victims and Survivors for Northern Ireland.