5Appeals
(1)The Scheme shall include provision—
(a)for rights of appeal against decisions taken on reviews under provisions of the Scheme made by virtue of section 4; and
(b)for such appeals to be determined by persons (“adjudicators”) appointed for the purpose by the Secretary of State.
(2)If a Scheme manager is appointed, his responsibilities shall not extend to any provision of the Scheme made by virtue of this section except so far as the provision relates to functions of persons mentioned in subsection (3)(d)(ii).
(3)The Scheme may include provision—
(a)for adjudicators to be appointed as members of a body having responsibility (in accordance with the provisions of the Scheme) for dealing with appeals;
(b)for the appointment by the Secretary of State of one of the members of that body to be its chairman;
(c)for the appointment of staff by the Secretary of State for the purpose of administering those provisions of the Scheme which relate to the appeal system;
(d)for specified functions in relation to appeals to be conferred on—
(i)claims officers; or
(ii)persons appointed by the Scheme manager as mentioned in section 3(4)(a).
(4)Any person appointed under this section by the Secretary of State—
(a)shall be appointed on such terms and conditions as the Secretary of State considers appropriate; but
(b)shall not be regarded as having been appointed to exercise functions of the Secretary of State or to act on his behalf.
(5)No decision taken by an adjudicator shall be regarded as having been taken by, or on behalf of, the Secretary of State.
(6)The Scheme shall include provision as to the giving of advice by adjudicators to the Secretary of State.
(7)The Secretary of State may at any time remove a person from office as an adjudicator if satisfied that—
(a)he has been convicted of a criminal offence;
(b)he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors; or
(c)he is otherwise unable or unfit to perform his duties.
(8)In Schedule 1 to the [1992 c. 53.] Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), in the entry relating to compensation for criminal injuries substitute, for the second column—
“12The adjudicators appointed under section 5 of the Criminal Injuries Compensation Act 1995 (c 53).”.
(9)The power conferred by section 3(1)(a) to provide for the reduction of an amount of compensation includes power to provide for a reduction where, in the opinion of the adjudicator or adjudicators determining an appeal, the appeal is frivolous or vexatious.