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The Criminal Injuries Compensation (Northern Ireland) Order 2002

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This is the original version (as it was originally made).

Alterations to the Scheme

10.—(1) Before making any alteration to—

(a)the Tariff,

(b)any provision of the Scheme as to the circumstances in which an injury is to be treated for the purposes of the Scheme as having been sustained in Northern Ireland,

(c)any provision of the Scheme made by virtue of Article 4(2)(b) to (d) (additional amounts of compensation and bereavement support payments),

(d)any provision of the Scheme as to the circumstances in which compensation may be payable with respect to a criminal injury of a kind for which no provision is made by the Tariff,

(e)any provision of the Scheme as to the calculation of compensation in respect of multiple injuries,

(f)any provision of the Scheme made by virtue of Article 4(7)(a) (limit on compensation),

(g)any provision of the Scheme as to the circumstances in which an award may be withheld or compensation reduced,

(h)any provision of the Scheme which gives a right of appeal, or

(i)any provision of the Scheme which specifies the circumstances in which an appeal is to be dealt with by a hearing,

the Secretary of State shall lay before Parliament a draft of the provision as proposed to be altered.

(2) Where the Secretary of State is required to lay a draft before Parliament under paragraph (1), he shall not give effect to the proposal concerned unless the draft has been approved by a resolution of each House.

(3) Whenever any provision of the Scheme other than one mentioned in paragraph (1) is altered, the Secretary of State shall lay a statement of the altered provision before Parliament.

(4) If any statement laid before either House of Parliament under paragraph (3) is disapproved by a resolution of that House passed before the end of the period of 40 days beginning with the date on which the statement was laid, the Secretary of State shall—

(a)make such alterations in the Scheme as appear to him to be required in the circumstances; and

(b)before the end of the period of 40 days beginning with the date on which the resolution was made, lay a statement of those alterations before Parliament.

(5) In calculating any period mentioned in paragraph (4), any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days shall be disregarded.

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