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Criminal Injuries (Compensation) (Northern Ireland) Order 1988

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Notice of determination by Secretary of State

12.—(1) Where, in relation to any application for compensation, the Secretary of State determines that no compensation is payable, he shall serve notice of that determination on the applicant.

(2) Where, in relation to any application for compensation, the Secretary of State determines the amount of compensation payable to the applicant, he shall serve notice of that determination on the applicant in any case where—

(a)the applicant, or any person to whom the compensation or any part of it is payable, is at the time of the determination under a disability; or

(b)the applicant requests the Secretary of State in writing to do so; or

(c)it appears to the Secretary of State to be appropriate to do so.

(3) A notice served under paragraph (1) or (2) shall inform the persons to whom it is addressed of the terms of Article 16(1).

(4) A notice under paragraph (2) shall specify the amount (if any) of compensation payable in respect of—

(a)pecuniary loss;

(b)expenses;

(c)bereavement; and

(d)other matters.

(5) Where after the service of a notice under paragraph (1) or (2) it appears to the Secretary of State that by reason of the application of Article 5(9), 6(1) or 9(6) the determination to which the notice relates should be cancelled or varied, he may, subject to paragraph (6), by further notice served on the applicant cancel or vary that determination.

(6) A cancellation or variation under paragraph (5) shall not have effect unless notice of it is served on the applicant—

(a)within 10 weeks from the service of the notice under paragraph (1) or (2); and

(b)before the applicant signs the discharge mentioned in Article 13(5) or lodges notice of an appeal under Article 16(1).

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