The Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999

Criminal Injuries Compensation Act 1995 (c. 53)

2.—(1) The Criminal Injuries Compensation Act 1995 is amended as follows.

(2) In the definition of “adjudicator” in section 1(4), after “Secretary of State” there is inserted “or the Scottish Ministers”.

(3) In section 5(1)(b), after “Secretary of State” there is inserted “or the Scottish Ministers”.

(4) After section 5(1) there is inserted–

“(1A) Subject to subsection (1B) below, the adjudicators shall be appointed by the Secretary of State after consultation with the Scottish Ministers.

(1B) Five of the adjudicators, or such greater number as the Secretary of State may agree, are to be appointed by the Scottish Ministers after consultation with the Secretary of State”.

(5) For section 5(4) there shall be substituted–

“(4) Any person appointed under this section by the Secretary of State or, as the case may be, the Scottish Ministers–

(a) shall be appointed on such terms as the Secretary of State or the Scottish Ministers consider appropriate; but

(b) shall not be regarded as having been appointed to exercise functions of the Secretary of State or the Scottish Ministers or to act on his or their behalf.”.

(6) In section 5(5), after “Secretary of State” there is inserted “or, as the case may be, the Scottish Ministers”.

(7) In section 5(7), after “may at any time” there is inserted, “after consultation with the Scottish Ministers or, in the case of an appointment made by the Scottish Ministers, the Scottish Ministers may at any time, after consultation with the Secretary of State,”.