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The Victims and Survivors (Northern Ireland) Order 2006

Status:

This is the original version (as it was originally made).

The Commissioner

The Commissioner for Victims and Survivors for Northern Ireland

4.—(1) There shall be an officer known as the Commissioner for Victims and Survivors for Northern Ireland.

(2) The Commissioner shall be appointed by the First Minister and deputy First Minister acting jointly.

(3) The Schedule has effect in relation to the Commissioner.

(4) This Article shall cease to have effect on such day as the First Minister and deputy First Minister acting jointly may by order appoint.

(5) An order under paragraph (4) may include such transitional provisions as appear to the First Minister and deputy First Minister to be appropriate.

(6) No order may be made under paragraph (4) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

Principal aim of the Commissioner

5.  The principal aim of the Commissioner in exercising his functions under this Order is to promote the interests of victims and survivors.

Duties of the Commissioner

6.—(1) The Commissioner shall promote an awareness of matters relating to the interests of victims and survivors and of the need to safeguard those interests.

(2) The Commissioner shall keep under review the adequacy and effectiveness of law and practice affecting the interests of victims and survivors.

(3) The Commissioner shall keep under review the adequacy and effectiveness of services provided for victims and survivors by bodies or persons.

(4) The Commissioner shall advise the Secretary of State, the Executive Committee of the Assembly and any body or person providing services for victims and survivors on matters concerning the interests of victims and survivors—

(a)as soon as reasonably practicable after receipt of a request for advice; and

(b)on such other occasions as the Commissioner thinks appropriate.

(5) The Commissioner shall take reasonable steps to ensure that the views of victims and survivors are sought concerning the exercise by the Commissioner of his functions.

(6) The Commissioner shall make arrangements for a forum for consultation and discussion with victims and survivors.

General powers of the Commissioner

7.—(1) The Commissioner may undertake, commission or provide financial or other assistance for research or educational activities concerning the interests of victims and survivors or the exercise of his functions.

(2) The Commissioner may, after consultation with such bodies or persons as he thinks fit, issue guidance on best practice in relation to any matter concerning the interests of victims and survivors.

(3) The Commissioner may—

(a)compile information concerning the interests of victims and survivors;

(b)provide advice or information on any matter concerning the interests of victims and survivors;

(c)publish any matter concerning the interests of victims and survivors, including—

(i)the outcome of any research or activities mentioned in paragraph (1);

(ii)any advice provided by the Commissioner.

(4) The Commissioner may make representations or recommendations to any body or person concerning the interests of victims and survivors.

Work programmes

8.—(1) The Commissioner shall, at such time, in such form and in respect of such period as the First Minister and deputy First Minister acting jointly may direct, prepare and submit to the First Minister and deputy First Minister a programme of his proposed activities in exercise of his functions (referred to in this Article as “a work programme”).

(2) A work programme submitted to the First Minister and deputy First Minister under this Article shall include—

(a)in respect of each activity mentioned in the programme, an estimate of the Commissioner’s expenditure and receipts;

(b)such other matters as the First Minister and deputy First Minister acting jointly may direct.

(3) Before submitting a work programme under this Article, the Commissioner shall consult such bodies or persons as he thinks fit.

(4) The First Minister and deputy First Minister acting jointly may request the Commissioner to furnish such information in connection with any work programme submitted to them as they may require, including information as to the results of any consultations under paragraph (3).

(5) The First Minster and deputy First Minister acting jointly may, after making such modifications, if any, in the work programme as, after consultation with the Commissioner, they consider necessary, approve any work programme submitted under this Article.

(6) The Commissioner may at any time, and shall if the First Minister and deputy First Minister acting jointly so direct, prepare and submit to the First Minister and deputy First Minister a revised work programme or an amendment to an existing work programme and paragraphs (2) to (5) shall apply in relation to any such revised work programme or amendment as they apply in relation to the original work programme.

(7) It shall be the duty of the Commissioner—

(a)to carry out the activities in the work programme approved under this Article in accordance with that programme;

(b)not to carry out any activities or incur any expenditure in any period except in accordance with the work programme approved under this Article in respect of that period.

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