The Victims’ Payments Regulations 2020

Regulation 53

SCHEDULE 3 Consequential amendments

Northern Ireland Assembly Disqualification Act 1975

1.  In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975(1) (disqualifying offices: bodies of which all members are disqualified), at the appropriate place, insert—

“The Victims’ Payments Board”.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

2.—(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(2) is amended as follows.

(2) In article 3ZA (disapplication of section 4(2) of, and paragraph 3(3) of Schedule 3 to, the Rehabilitation of Offenders Act 1974)(3)—

(a) at the end of sub-paragraph (a) omit the “or”;

(b) after paragraph (b) insert—

“and

(c) any question asked by or on behalf of the Victims’ Payments Board, where—

(i) an application for payments under the Victims’ Payment Regulations 2020 has been made;

(ii) the question relates to the person whose disablement the application concerns, and

(iii) the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes the person from entitlement to payments.”.

(3) In Schedule 3 (excepted proceedings), after paragraph 24(4) insert—

“25.   Proceedings to determine whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.”.

The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

3.—(1) The Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(5) is amended as follows.

(2) In article 3A (exclusion from Article 5(2) of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979)(6), after paragraph (b) insert—

“(c) any question asked by or on behalf of the Victims’ Payments Board, where—

(i) an application for payments under the Victims’ Payment Regulations 2020 has been made;

(ii) the question relates to the person whose disablement the application concerns, and

(iii) the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes the person from entitlement to payments.”.

(3) In Schedule 3 (excepted proceedings), after paragraph 26(7) insert—

“27.   Proceedings to determine whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.”

Freedom of Information Act 2000

4.  In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies in Northern Ireland which are public authorities for the purposes of the Act), at the appropriate place, insert—

“The Victims’ Payments Board, in relation to its administrative functions.”

Amendment to Justice (Northern Ireland) Act 2002

5.  In Schedule 1 to the Justice (Northern Ireland) Act 2002(8) (listed offices), at the end insert—

“Member of the Victims’ Payments Board

President of the Victims’ Payments Board”.

The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013

6.—(1) The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013(9) is amended as follows.

(2) In Article 4(3) (exclusion of section 4(2)(a) and (b) of the Rehabilitation of Offenders Act 1974), for “paragraph 6(1)” substitute “paragraphs 6(1) or 16”.

(3) In Schedule 1 (proceedings), after paragraph 29(10) insert—

“30.   Proceedings to determine whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes a person from entitlement to payments under those regulations.”

(4) In Schedule 3 (exclusions of section 4(2)(a) and (b) of the Rehabilitation of Offenders Act 1974), after paragraph 15 insert—

“16.   Any question asked by or on behalf of the Victims’ Payments Board, where—

(a) an application for payments under the Victims’ Payment Regulations 2020 has been made;

(b) the question relates to the person whose disablement the application concerns, and

(c) the question is asked in order to assess whether regulation 6(1) (convictions) of the Victims’ Payment Regulations 2020 excludes the person from entitlement to payments.”.

(1)

1975 c. 25; there are amendments to Part 2 of Schedule 1 not relevant to these Regulation.

(2)

S.I. 1975/1023. The Order was revoked in relation to Scotland by S.S.I. 2003/231.

(3)

Paragraph 3ZA was inserted by S.I. 2013/1198. There are other amendments but they are not relevant.

(4)

Paragraph 24 was inserted by S.I. 2019/1051.

(5)

S.R. 1979 No. 195.

(6)

Article 3A was inserted by S.R. 2014 No. 27.

(7)

Paragraph 26 was inserted by S.R. 2014 No. 224.

(8)

2002 c. 26. There are amendments to Schedule 1 not relevant to these Regulations.

(9)

S.S.I. 2013/50.

(10)

Paragraph 29 was inserted by S.S.I. 2013/204.