Part 2Victims of major incidents

Functions and powers of advocates: general

I141Reports to the Secretary of State

1

The standing advocate must, in respect of each calendar year, report to the Secretary of State as to—

a

the exercise of the standing advocate’s functions in that year;

b

such matters as the Secretary of State may require in writing;

c

such other matters as the standing advocate considers relevant to their functions or the functions of another advocate.

2

A report under subsection (1) must be made by 1 July in the calendar year following the year in respect of which the report is made.

3

If the Secretary of State gives notice under subsection (4) to an advocate, the advocate must report to the Secretary of State—

a

if specified in the notice, the advocate’s opinions as to the treatment of victims in the course of an investigation, inquest or inquiry referred to in section 39(3);

b

such other matters relating to the advocate’s exercise of their functions as the Secretary of State specifies in the notice.

4

A notice under this subsection must specify—

a

that the Secretary of State requires a report under subsection (3);

b

the matters the Secretary of State requires the report to address.

5

The notice may require the advocate to report within such reasonable period as may be specified in the notice (or such other period as may be agreed).

6

A report made under subsection (3) may include any matters the advocate considers relevant to—

a

a major incident in respect of which they are appointed, or

b

in the case of the standing advocate, any major incident,

whether or not the matters have been specified in a notice under subsection (4).

7

An advocate may, at their discretion and at any time, report to the Secretary of State such matters as the advocate considers relevant to—

a

a major incident in respect of which they are appointed, or

b

in the case of the standing advocate, any major incident.

8

If more than one advocate has been appointed in respect of the same major incident—

a

the Secretary of State may give notice under subsection (4) in relation to the incident only to the lead advocate;

b

only the lead advocate may make a report under subsection (7) in relation to the incident.