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Victims and Prisoners Act 2024

Contents

Part 5: General

Section 77: Financial provision

  1. Section 77 recognises that as a matter of House of Commons procedure, a financial resolution needed to be agreed for the Bill from which the Act resulted."

Section 78: Power to make a consequential provision

  1. Subsection (1) creates a power for the Secretary of State to make any consequential amendments that may be required to existing law to ensure consistency in the statute book and operability of these provisions contained in Parts 1, 2 or 4 of this Act.

Section 79: Regulations

  1. Section 79 sets out that regulations made under the powers in the Act will be made by statutory instrument and may make different provision for different purposes. This may include provisions that are supplementary, incidental, saving or transitional.
  2. Subsection (3) provides for the affirmative parliamentary procedure to apply to regulations made under section 17 (disclosures by victims that cannot be precluded by agreement).
  3. Subsections (4) – (11) and (14)- (20) relate to Part 3 of the Act. These create a power to make consequential amendments via regulations, conferred on the Secretary of State and their counterparts for each of the devolved administrations, to the extent it is within their respective legislative competence.
  4. These regulations apply to authorise any changes, or revocation of any provisions made within, or resulting from, primary legislation. This power extends to previous, made legislation, and equally allows amendments to be made to legislation postdating the making of these provisions.
  5. Subsection (12) provides for the affirmative parliamentary procedure to apply to regulations made under section 78 (1) or (2) (consequential provision) if those regulations amend, repeal or revoke primary legislation.
  6. Subsections (13) and (21) provide for the negative parliamentary procedure to apply to any other regulations made under powers in the Act, excluding regulations provided for in section 79 regarding commencement and transitional provisions for the Act, which are not subject to parliamentary procedure.

Section 80: Extent

  1. Section 80 sets out that the measures in the Act extend to England and Wales with the following exceptions:
  2. Section 19 (Domestic abuse related death reviews) which extends to England and Wales and Northern Ireland;
  3. Sections 27 and 33(3) – which amend the Parliamentary Commissioner Act 1967 and have the same extent as that Act;
  4. Section 28 (information relating to victims: service police etc.) extends to England and Wales, Scotland and Northern Ireland;
  5. Section 45 (1) – (4) (Part 2: consequential amendments) extend to England and Wales, Scotland and Northern Ireland. Subsection (5) of that section extends to England and Wales and Scotland;
  6. Part 3 (Infected Blood Compensation Body) extends to England and Wales, Scotland and Northern Ireland. Subsection (5) provides for any of the provisions of Part 3 to be extended, with or without modifications, via Order in Council to any of the Channel Islands, the Isle of Man, Gibraltar or the Falkland Islands; and
  7. Part 5 (General) extends to England and Wales, Scotland and Northern Ireland.

Section 81: Commencement

  1. Subsection (1) provides that Parts 3 (infected blood compensation body) and 5 (general) will come into force on the day on which the Act is passed.
  2. Subsection (2) provides that all of the other provisions in the Act will come into force on such day as the Secretary of State appoints via regulations.
  3. Section 79 also provides for the Secretary of State to make transitional or saving provision by way of regulations. Regulations for this purpose may make different provision for different purposes and will be made by statutory instrument.

Section 82: Short title

  1. This section provides that the Act may be cited as the Victims and Prisoners Act 2024

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