Search Legislation

Criminal Damage (Compensation) (Northern Ireland) Order 1977

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Criminal Damage (Compensation) (Northern Ireland) Order 1977, Section 17. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Recovery from applicantN.I.

17.—(1) Where—

(a)compensation is paid to or for the benefit of any applicant under this Order; and

(b)there has been or is subsequently paid to or for the benefit of the applicant by way of reparation or damages from the offender or on the offender's behalf any sum which has not been taken into account under Article 10(1)( c) at the time of assessing compensation,

the person receiving any such sum shall forthwith notify the Secretary of State and shall, subject to paragraph (2), forthwith reimburse to the Secretary of State—

(i)the amount of the compensation paid to or for the benefit of the applicant, if that amount is equal to or less than that sum; or

(ii)that sum, if the amount of the compensation paid is greater;

but so that no person shall be required by virtue of this paragraph to reimburse, in all, to the Secretary of State more than the amount of the compensation paid by the Secretary of State in respect of the application to which the compensation relates.

(2) Where compensation is paid to or for the benefit of any applicant and civil proceedings have been or are subsequently instituted in any court against the offender as a result of the act which gave rise to the claim for compensation and—

(a)that court awards damages against the offender in favour of the applicant; or

(b)the parties agree to settle the proceedings in consideration of the payment by the offender to or for the benefit of the applicant of an agreed amount of damages;

that court may order the offender to pay the damages so awarded or agreed, or any part thereof, into court.

(3) Where a court makes an order under paragraph (2)—

(a)it shall direct—

(i)the payment to the Secretary of State out of any money paid into court under its order of such amount or sum as would have been reimbursed to him under paragraph (1) if that money had been paid to or for the benefit of the applicant, and

(ii)that the balance, if any, of the money paid into court under this Order shall be paid to the applicant or otherwise dealt with for the benefit of the applicant as the court may, in the circumstances of the case, consider proper; and

(b)any amount or sum so paid to the Secretary of State by virtue of the direction of the court shall be deemed to have been paid to the Secretary of State under paragraph (1).

(4) Where, on an application made to it by the Secretary of State, the county court is satisfied—

(a)that the Secretary of State has paid compensation to any person; but

(b)that that person failed to make full and true disclosure of all the facts material to the determination of the application,

the county court may make an order requiring that person to reimburse to the Secretary of State the compensation or such part of it as the court may specify.

(5) Any sum required to be reimbursed under paragraph (1), (3) or (4) and not so reimbursed—

(a)shall be recoverable as a debt due to the Secretary of State;

(b)may, without prejudice to the right of the Secretary of State to sue in the High Court or to any other remedy for the recovery thereof, and irrespective of the amount thereof, be recoverable by the Secretary of State in the county court by civil bill or summarily as a civil debt.

(6) Any person who, being required by paragraph (1) to notify the Secretary of State of the receipt of any sum by way of reparation or damages, fails to do so without reasonable cause shall, without prejudice to his liability under that paragraph to reimburse any sum to the Secretary of State, be guilty of an offence and shall, on summary conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding[F1 level 5 on the standard scale] or to both.

(7) In this Article “offender” includes any person who committed the act which gave rise to the claim for compensation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources