Domestic Violence, Crime and Victims Act 2004

Prospective

Section 48

SCHEDULE 8 E+W Commissioner for Victims and Witnesses

Deputy Commissioner E+W

1 (1) The Secretary of State [F1 for Justice] must appoint a Deputy Commissioner for Victims and Witnesses (referred to in this Schedule as the Deputy Commissioner).

(2) Before appointing the Deputy Commissioner the Secretary of State [F1 for Justice] must consult the Attorney General and the [F2 Secretary of State for the Home Department] as to the person to be appointed.

(3) The Deputy Commissioner must act as the Commissioner—

(a) during any period when the office of Commissioner is vacant;

(b) at any time when the Commissioner is absent or is unable to act.

(4) The Deputy Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

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

Textual Amendments

F1 Words in Sch. 8 para. 1 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F2 Words in Sch. 8 para. 1 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C1 Sch. 8 para. 1: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

1 (1) The Secretary of State must appoint a Deputy Commissioner for Victims and Witnesses (referred to in this Schedule as the Deputy Commissioner).

(2) Before appointing the Deputy Commissioner the Secretary of State must consult the Attorney General and the Lord Chancellor as to the person to be appointed.

(3) The Deputy Commissioner must act as the Commissioner—

(a) during any period when the office of Commissioner is vacant;

(b) at any time when the Commissioner is absent or is unable to act.

(4) The Deputy Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

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

Terms of appointment E+W

2 (1) This paragraph applies in relation to a person appointed as the Commissioner or the Deputy Commissioner.

(2) The period for which the person is appointed must not exceed 5 years.

(3) Subject to sub-paragraph (4), the person is eligible for re-appointment.

(4) The person must not hold office for more than 10 years in total.

(5) The person may at any time resign from office by giving notice in writing to the Secretary of State [F3 for Justice].

(6) The Secretary of State [F3 for Justice] may at any time remove the person from office if he is satisfied that the person—

(a) has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(b) is otherwise unable or unfit to carry out his functions.

(7) The Secretary of State [F3 for Justice] must consult the Attorney General and the [F4 Secretary of State for the Home Department] before removing the person from office.

(8) Subject to sub-paragraphs (2) to (7), the person holds office on the terms specified by the Secretary of State [F3 for Justice] after consulting the Attorney General and the [F4 Secretary of State for the Home Department].

Textual Amendments

F3 Words in Sch. 8 para. 2 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F4 Words in Sch. 8 para. 2 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C2 Sch. 8 para. 2: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

2 (1) This paragraph applies in relation to a person appointed as the Commissioner or the Deputy Commissioner.

(2) The period for which the person is appointed must not exceed 5 years.

(3) Subject to sub-paragraph (4), the person is eligible for re-appointment.

(4) The person must not hold office for more than 10 years in total.

(5) The person may at any time resign from office by giving notice in writing to the Secretary of State.

(6) The Secretary of State may at any time remove the person from office if he is satisfied that the person—

(a) has become bankrupt, has had his estate sequestrated or has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(b) is otherwise unable or unfit to carry out his functions.

(7) The Secretary of State must consult the Attorney General and the Lord Chancellor before removing the person from office.

(8) Subject to sub-paragraphs (2) to (7), the person holds office on the terms specified by the Secretary of State after consulting the Attorney General and the Lord Chancellor.

Staff E+W

3 (1) The Commissioner may appoint such persons as members of his staff as he thinks fit.

(2) The Commissioner must obtain the approval of the Secretary of State to—

(a) the number of persons appointed as members of his staff, and

(b) their terms and conditions of service.

(3) No member of the staff of the Commissioner is to be regarded—

(a) as the servant or agent of the Crown, or

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

Delegation E+W

4 The Commissioner may authorise any member of his staff or the Deputy Commissioner to carry out any of his functions.

Pensions E+W

5 (1) Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment and offices to which a scheme under section 1 of that Act may apply) is amended as set out in sub-paragraphs (2) and (3).

(2) At the end of the list headed “Other Bodies” insert— “ Employment as a member of the staff of the Commissioner for Victims and Witnesses. ”

(3) In the list headed “Offices”, in the appropriate places, insert— “ Commissioner for Victims and Witnesses. ” “ Deputy Commissioner for Victims and Witnesses. ”

(4) The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister for the Civil Service may direct, such sums as the Minister for the Civil Service may determine in respect of the increase attributable to sub-paragraphs (1) to (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Finance E+W

6 The Secretary of State must pay—

(a) the remuneration of the Commissioner and the Deputy Commissioner;

(b) such sums as he thinks fit in respect of the expenses of the Commissioner and the Deputy Commissioner.

Accounts E+W

7 (1) The Commissioner must—

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

(b) prepare a statement of accounts in respect of each financial year, in the form directed by the Secretary of State;

(c) send copies of the statement to the Secretary of State and the Comptroller and Auditor General, not later than the 31 August following the end of the financial year to which it relates.

(2) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts;

(b) lay copies of the statement and of his report before Parliament.

Annual plan E+W

8 (1) The Commissioner must, before the beginning of each financial year apart from the first, prepare a plan setting out how he intends to exercise his functions during the financial year (an annual plan).

(2) In preparing the plan, the Commissioner must consider whether to deal in the plan with any issues specified by the Secretary of State [F5 for Justice].

(3) The Commissioner must send a copy of the plan to the Secretary of State [F5 for Justice] for his approval.

(4) The Secretary of State [F5 for Justice] must consult the Attorney General and the [F6 Secretary of State for the Home Department] in deciding whether to approve the plan.

(5) If the Secretary of State [F5 for Justice] does not approve the plan—

(a) he must give the Commissioner his reasons for not approving it, and

(b) the Commissioner must revise the plan.

(6) Sub-paragraphs (2) to (5) apply to a revised plan as they apply to the plan as first prepared.

Textual Amendments

F5 Words in Sch. 8 para. 8 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F6 Words in Sch. 8 para. 8 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C3 Sch. 8 para. 8: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

8 (1) The Commissioner must, before the beginning of each financial year apart from the first, prepare a plan setting out how he intends to exercise his functions during the financial year (an annual plan).

(2) In preparing the plan, the Commissioner must consider whether to deal in the plan with any issues specified by the Secretary of State.

(3) The Commissioner must send a copy of the plan to the Secretary of State for his approval.

(4) The Secretary of State must consult the Attorney General and the Lord Chancellor in deciding whether to approve the plan.

(5) If the Secretary of State does not approve the plan—

(a) he must give the Commissioner his reasons for not approving it, and

(b) the Commissioner must revise the plan.

(6) Sub-paragraphs (2) to (5) apply to a revised plan as they apply to the plan as first prepared.

Annual report E+W

9 (1) The Commissioner must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The report for any financial year apart from the first must include—

(a) the Commissioner’s annual plan for the financial year, and

(b) an assessment of the extent to which the plan has been carried out.

(3) The Commissioner must send a copy of the report to—

(a) the Secretary of State [F7 for Justice],

(b) the Attorney General, and

(c) the [F8 Secretary of State for the Home Department].

(4) The Secretary of State [F7 for Justice] must—

(a) lay a copy of the report before Parliament;

(b) arrange for the report to be published.

Textual Amendments

F7 Words in Sch. 8 para. 9 inserted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(a)

F8 Words in Sch. 8 para. 9 substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 8, Sch. para. 10(4)(b)

Modifications etc. (not altering text)

C4 Sch. 8 para. 9: functions transferred (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), arts. 1(2), 4(2)(b), 5(2)(b) (with art. 7)

9 (1) The Commissioner must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The report for any financial year apart from the first must include—

(a) the Commissioner’s annual plan for the financial year, and

(b) an assessment of the extent to which the plan has been carried out.

(3) The Commissioner must send a copy of the report to—

(a) the Secretary of State,

(b) the Attorney General, and

(c) the Lord Chancellor.

(4) The Secretary of State must—

(a) lay a copy of the report before Parliament;

(b) arrange for the report to be published.

Disqualification Acts E+W

10 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (offices the holders of which are disqualified) at the appropriate places insert— “ Commissioner for Victims and Witnesses. ” “ Deputy Commissioner for Victims and Witnesses. ”

(2) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (offices the holders of which are disqualified) at the appropriate places insert— “ Commissioner for Victims and Witnesses. ” “ Deputy Commissioner for Victims and Witnesses. ”

Meaning of “financial year” E+W

11 In this Schedule “financial year” means—

(a) the period beginning on the day on which section 48 comes into force and ending on the next 31 March (which is the first financial year), and

(b) each subsequent period of 12 months beginning on 1 April.