- Latest available (Revised)
- Point in Time (01/01/2006)
- Original (As made)
Point in time view as at 01/01/2006.
Criminal Damage (Compensation) (Northern Ireland) Order 1977, Section 9 is up to date with all changes known to be in force on or before 26 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
9.—(1) In determining whether any compensation should be paid in respect of any loss and, if so, its amount, the Secretary of State shall have regard to all such circumstances as are relevant and, without prejudice to the generality of the foregoing, shall have regard to—
(a)any failure on the part of the applicant to take all reasonable precautions to reduce or avoid the loss;
(b)any failure on the part of the applicant to comply with any statutory provision relating to the safety of property;
(c)any unlawful purpose for which the property was being used and any unlawful use of the property (including its use for the unlawful sale and consumption of intoxicating liquor or, where the property is a motor vehicle, its use without there being in force in respect of that vehicle a licence under[F1 the Vehicle Excise and Registration Act 1994], by the applicant, or by any other person with his consent whether express or implied, immediately before the occurrence of the act giving rise to the claim for compensation in respect of that property;
(d)any provocative or negligent behaviour of the applicant which contributed, directly or indirectly, to the loss or increased the chances of its being sustained.
(2) To enable him to determine for the purposes of paragraph (1)( a) whether the applicant failed to take all reasonable precautions to reduce or avoid loss, the Secretary of State may serve a notice on the applicant requiring him to state the precautions which he took to reduce or avoid the loss.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: