- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
Section 48
1(1)The IBCA is to consist of—
(a)a Chair (who is to be a non-executive member),
(b)at least 3, but not more than 6, other non-executive members,
(c)a chief executive, and
(d)at least 2, but not more than 5, other executive members.
(2)The members are to be appointed in accordance with paragraphs 2 to 4.
(3)A person exercising a power of appointment in accordance with those paragraphs must when doing so ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.
2(1)The Chair is to be appointed by the Secretary of State or the Minister for the Cabinet Office.
(2)The other non-executive members are to be appointed by the Chair except for the first three who are to be appointed by the Secretary of State or the Minister for the Cabinet Office.
(3)A person may not be appointed as a non-executive member if the person is a member of the IBCA’s staff.
3(1)The chief executive and the other executive members are to be appointed by the Chair.
(2)The executive members are to be members of the IBCA’s staff.
4(1)The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about criteria which must be met by persons in order to be appointed as members of the IBCA.
(2)The regulations may make provision for a person to cease to be a member of the IBCA if the person no longer meets those criteria.
5(1)A member of the IBCA holds and vacates office in accordance with the terms of the member’s appointment (subject to this Schedule).
(2)A member may resign from office by giving notice to the appropriate person.
(3)A member may be removed from office by notice given by the appropriate person on the grounds that the member—
(a)has without reasonable excuse failed to discharge the member’s functions, or
(b)is, in the opinion of the appropriate person, unable or unfit to carry out the member’s functions.
(4)A person ceases to be—
(a)a non-executive member of the IBCA upon becoming a member of its staff;
(b)an executive member of the IBCA upon ceasing to be a member of its staff.
(5)In this paragraph “appropriate person” means—
(a)in the case of the Chair, the Secretary of State or the Minister for the Cabinet Office;
(b)in the case of any other member of the IBCA, the Chair.
6(1)The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Secretary of State or the Minister for the Cabinet Office determines to or in respect of a person who is or has been—
(a)the Chair, or
(b)a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2).
(2)The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Chair determines to or in respect of a person who is or has been a non-executive member appointed by the Chair under paragraph 2(2).
(3)Sub-paragraph (4) applies if—
(a)a person ceases to be the Chair or a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2), and
(b)the Secretary of State or the Minister for the Cabinet Office determines that the person should be compensated because of special circumstances.
(4)Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Secretary of State or the Minister for the Cabinet Office may determine.
(5)Sub-paragraph (6) applies if—
(a)a person ceases to be a non-executive member appointed by the Chair under paragraph 2(2), and
(b)the Chair determines that the person should be compensated because of special circumstances.
(6)Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Chair may determine.
7(1)The IBCA may—
(a)appoint employees, and
(b)make such other arrangements for the staffing of the IBCA as it determines.
(2)The IBCA must pay its staff such remuneration as may be determined in accordance with this paragraph.
(3)The IBCA must pay, or make provision for the payment of, such pensions, allowances, gratuities or compensation as may be determined in accordance with this paragraph to or in respect of any person who is or has been a member of staff of the IBCA.
(4)Members of staff of the IBCA are to be appointed on such other terms as may be determined in accordance with this paragraph.
(5)A matter is determined in accordance with this paragraph if—
(a)in the case of a matter which relates to an executive member, it is determined by the Chair;
(b)in the case of a matter which relates to any other member of staff, it is determined by the IBCA.
(6)Before making a determination as to remuneration, pensions, allowances, gratuities or compensation for the purposes of sub-paragraph (2) or (3), the IBCA must obtain the approval of the Secretary of State or the Minister for the Cabinet Office as to its policy on that matter.
8(1)The Secretary of State or the Minister for the Cabinet Office may appoint a person as an executive member to act as chief executive of the IBCA (“an interim chief executive”) until the appointment of the first chief executive by the Chair under paragraph 3(1).
(2)An interim chief executive may incur expenditure and do other things in the name of and on behalf of the IBCA until the appointment of the first chief executive by the Chair under paragraph 3(1).
(3)In exercising the power in sub-paragraph (2), an interim chief executive must act in accordance with any directions given by the Secretary of State or the Minister for the Cabinet Office.
(4)Paragraphs 3, 5 and 7 do not apply to an interim chief executive.
9(1)The IBCA may appoint such committees and sub-committees as it considers appropriate.
(2)A committee or sub-committee may consist of or include persons who are neither members, nor members of staff, of the IBCA.
(3)The IBCA may pay such remuneration and allowances as it may determine to any person who—
(a)is a member of a committee or a sub-committee, but
(b)is not a member of staff of the IBCA,
whether or not that person is a non-executive member of the IBCA.
10(1)The IBCA may determine its own procedure and the procedure of any of its committees or sub-committees.
(2)The validity of any proceedings of the IBCA, or any committee or sub-committee of the IBCA, is not affected by any vacancy among its members or by any defect in the appointment of such a member.
11(1)The IBCA must have regard to the need to exercise its functions effectively, efficiently and economically.
(2)The IBCA may delegate any of its functions to—
(a)a member of the IBCA,
(b)a member of the IBCA’s staff authorised for that purpose, or
(c)any committee or sub-committee.
(3)A function may be delegated to the extent and on the terms that the IBCA determines.
12(1)The Secretary of State or the Minister for the Cabinet Office must pay to the IBCA—
(a)such sums as are required to meet payments made by the IBCA under the infected blood compensation scheme, and
(b)such other sums as the Secretary of State or the Minister for the Cabinet Office considers are reasonably sufficient to enable the IBCA to carry out its functions.
(2)Payments under sub-paragraph (1)(b) may be made subject to conditions.
(3)The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about what the IBCA must do with any sums repaid to it by virtue of section 50(5) (which may include provision requiring the sums to be paid to the Secretary of State or the Minister for the Cabinet Office).
13(1)As soon as reasonably practicable after the end of each financial year the IBCA must prepare a report on the exercise of its functions during that financial year.
(2)The IBCA must send the report to the Secretary of State or the Minister for the Cabinet Office.
(3)The Secretary of State or the Minister for the Cabinet Office must lay the report before Parliament.
14(1)The IBCA must—
(a)keep proper accounts and proper records in relation to them, and
(b)prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State or the Minister for the Cabinet Office.
(2)The IBCA must send a copy of each statement of accounts to the Secretary of State or the Minister for the Cabinet Office, and the Comptroller and Auditor General, as soon as practicable after the end of the financial year to which the statement relates.
(3)The Comptroller and Auditor General must—
(a)examine, certify and report on each statement of accounts, and
(b)send a copy of each report and certified statement to the Secretary of State or the Minister for the Cabinet Office.
(4)The Secretary of State or the Minister for the Cabinet Office must lay before Parliament a copy of each such report and certified statement.
15In this Schedule “financial year” means—
(a)the period beginning with the date on which the IBCA is established and ending with 31 March following that date, and
(b)each successive period of 12 months.
16The IBCA must provide to the Secretary of State or the Minister for the Cabinet Office such information relating to the IBCA’s functions as they may request.
17(1)The IBCA is not to be regarded—
(a)as the servant or agent of the Crown, or
(b)as enjoying any status, immunity or privilege of the Crown.
(2)The IBCA’s property is not to be regarded as property of, or property held on behalf of, the Crown.
(3)Service as a member, or a member of staff, of the IBCA is not service in the civil service of the State.
18(1)The application of the IBCA’s seal must be authenticated by a signature of—
(a)a member of the IBCA, or
(b)another person authorised for that purpose by the IBCA.
(2)A document purporting to be duly executed under the IBCA’s seal or signed on its behalf—
(a)is to be received in evidence, and
(b)is to be taken to be executed or signed in that way, unless the contrary is shown.
(3)But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.
19The IBCA may do anything it thinks appropriate for the purposes of, or in connection with, its functions.
20(1)The Secretary of State or the Minister for the Cabinet Office may make one or more schemes (“transfer schemes”) for the purpose of transferring to the IBCA such property, rights and liabilities of a relevant person as the Secretary of State or Minister considers appropriate for the purposes of enabling the IBCA to carry out its functions under or by virtue of this Act.
(2)In this paragraph “relevant person” means—
(a)the Secretary of State;
(b)the Minister for the Cabinet Office;
(c)a Special Health Authority established under section 28 of the National Health Service Act 2006;
(d)the Welsh Ministers;
(e)a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
(f)a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
(g)the Scottish Ministers;
(h)a person who has at any time been appointed by the Scottish Ministers under subsection (4)(d) of section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;
(i)the Department of Health in Northern Ireland;
(j)the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).
(3)A transfer scheme may not be made—
(a)in relation to a relevant person within sub-paragraph (2)(d), (e) or (f), unless the Welsh Ministers consent;
(b)in relation to a relevant person within sub-paragraph (2)(g) or (h), unless the Scottish Ministers consent;
(c)in relation to a relevant person within sub-paragraph (2)(i) or (j), unless the Department of Health in Northern Ireland consents.
(4)The things that may be transferred under a transfer scheme include—
(a)property, rights and liabilities that could not otherwise be transferred;
(b)property acquired, and rights and liabilities arising, after the making of the scheme;
(c)criminal liabilities.
(5)A transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—
(a)create rights, or impose liabilities, in relation to property or rights transferred;
(b)make provision about the continuing effect of things done by a relevant person in respect of anything transferred;
(c)make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to, a relevant person in respect of anything transferred;
(d)make provision for references to an interim compensation authority in an instrument or other document in respect of anything transferred to be treated as references to the IBCA;
(e)make provision for the shared ownership or use of property;
(f)make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);
(g)make other supplemental, incidental, transitional or consequential provision.
(6)A transfer scheme may provide for—
(a)modifications by agreement;
(b)modifications to have effect from the date when the original scheme came into effect.
(7)For the purposes of this paragraph—
(a)references to rights and liabilities include rights and liabilities relating to a contract of employment;
(b)references to the transfer of property include the grant of a lease.
(8)For the purposes of sub-paragraph (7)—
(a)an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and
(b)the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.
21(1)The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—
(a)anything transferred under a scheme under paragraph 20, or
(b)anything done for the purposes of, or in relation to, a transfer under such a scheme.
(2)The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to anything transferred;
(b)anything transferred to be treated in a specified way for the purposes of a tax provision;
(c)the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.
(3)The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—
(a)a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;
(b)anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;
(c)the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.
(4)In this paragraph references to the transfer of property include the grant of a lease.
(5)In this paragraph—
“relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;
“tax provision” means any legislation about a relevant tax.
22In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), at the appropriate place insert—
“The Infected Blood Compensation Authority.”
23In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—
(a)in paragraph 1 (bodies in England and Wales to which the Act applies), at the end insert—
“(r)the Infected Blood Compensation Authority.”;
(b)in paragraph 2 (bodies in Scotland to which the Act applies), at the end insert—
“(g)the Infected Blood Compensation Authority.”
24In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—
“The Infected Blood Compensation Authority.”
25In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—
“The Infected Blood Compensation Authority.”
26In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—
“The Infected Blood Compensation Authority.”
27In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—
“The Infected Blood Compensation Authority.”
28In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Health, social care and social security”, at the appropriate place insert—
“The Infected Blood Compensation Authority.”
Section 59(9)
Before Schedule 19 to the Criminal Justice Act 2003 insert—
Section 237A(4)
1Kidnapping.
2Murder.
3Manslaughter.
4Abduction.
5Assault and poisoning.
6Assault by explosive device.
7Assault to severe injury.
8Assault with intent to rob.
9Culpable homicide.
10Malicious mischief.
11Poisoning.
12Robbery.
13Wilful fire-raising.
14Affray.
15Riot.
16An offence under any of the following provisions of the Offences against the Person Act 1861—
(a)section 4 (soliciting murder);
(b)section 16 (threats to kill);
(c)section 18 (wounding with intent to cause grievous bodily harm);
(d)section 20 (malicious wounding);
(e)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
(f)section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(g)section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
(h)section 27 (abandoning children);
(i)section 28 (causing bodily injury by explosives);
(j)section 29 (using explosives etc with intent to do grievous bodily harm);
(k)section 30 (placing explosives with intent to do bodily injury);
(l)section 31 (setting spring guns etc with intent to do grievous bodily harm);
(m)section 32 (endangering the safety of railway passengers);
(n)section 35 (injuring persons by furious driving);
(o)section 37 (assaulting officer preserving wreck);
(p)section 38 (assault with intent to resist arrest);
(q)section 47 (assault occasioning actual bodily harm).
17An offence under any of the following provisions of the Explosive Substances Act 1883—
(a)section 2 (causing explosion likely to endanger life or property);
(b)section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c)section 4 (making or possession of explosive under suspicious circumstances);
(d)section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).
18An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
19An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
20An offence under section 1 of the Infanticide Act 1938 (infanticide).
21An offence under section 33A of the Sexual Offences Act 1956 (keeping a brothel used for prostitution).
22An offence under any of the following provisions of the Firearms Act 1968—
(a)section 16 (possession of firearm with intent to injure);
(b)section 16A (possession of firearm with intent to cause fear of violence);
(c)section 17(1) (use of firearm to resist arrest);
(d)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(e)section 18 (carrying a firearm with criminal intent).
23An offence under any of the following provisions of the Theft Act 1968—
(a)section 8 (robbery or assault with intent to rob);
(b)section 9, where the offence is burglary with intent to—
(i)inflict grievous bodily harm on a person, or
(ii)do unlawful damage to a building or anything in it;
(c)section 10 (aggravated burglary);
(d)section 12A (aggravated vehicle-taking).
24(1)An offence of arson under section 1 of the Criminal Damage Act 1971.
(2)An offence under section 1(2) of that Act (destroying or damaging property), other than an offence of arson.
25An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).
26An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
27An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
28An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
29An offence under any of the following provisions of the Aviation Security Act 1982—
(a)section 1 (hijacking);
(b)section 2 (destroying, damaging or endangering safety of aircraft);
(c)section 3 (other acts endangering or likely to endanger safety of aircraft);
(d)section 4 (offences in relation to certain dangerous articles);
(e)section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).
30An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).
31An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
32An offence under any of the following provisions of the Public Order Act 1986—
(a)section 1 (riot);
(b)section 2 (violent disorder);
(c)section 3 (affray).
33An offence under either of the following provisions of the Criminal Justice Act 1988—
(a)section 134 (torture);
(b)section 160 (possession of indecent photograph of a child).
34An offence under any of the following provisions of the Road Traffic Act 1988—
(a)section 1 (causing death by dangerous driving);
(b)section 3ZC (causing death by driving: disqualified drivers);
(c)section 3A (causing death by careless driving when under influence of drink or drugs).
35An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a)section 1 (endangering safety at aerodromes);
(b)section 9 (hijacking of ships);
(c)section 10 (seizing or exercising control of fixed platforms);
(d)section 11 (destroying ships or fixed platforms or endangering their safety);
(e)section 12 (other acts endangering or likely to endanger safe navigation);
(f)section 13 (offences involving threats);
(g)section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).
36An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
37An offence under either of the following provisions of the Chemical Weapons Act 1996—
(a)section 2 (use etc of chemical weapons);
(b)section 11 (premises or equipment used for producing chemical weapons).
38An offence under either of the following provisions of the Protection from Harassment Act 1997—
(a)section 4 (putting people in fear of violence);
(b)section 4A (stalking involving fear of violence or serious alarm or distress).
39(1)An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).
(2)An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
40An offence under any of the following provisions of the Terrorism Act 2000—
(a)section 11 (membership of a proscribed organisation);
(b)section 12 (inviting support for a proscribed organisation etc);
(c)section 15 (fund-raising);
(d)section 16 (use or possession of money or property for terrorist purposes);
(e)section 17 (involvement in terrorist funding arrangements);
(f)section 17A (insurance against payments made in response to terrorist demands);
(g)section 18 (laundering of terrorist property);
(h)section 19 (failure to disclose professional belief or suspicion about terrorist offences);
(i)section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
(j)section 38B (failure to disclose information about acts of terrorism);
(k)section 39 (disclosure of information prejudicial to a terrorist investigation etc);
(l)section 54 (weapons training);
(m)section 56 (directing terrorist organisation);
(n)section 57 (possession of article for terrorist purposes);
(o)section 58 (collection of information likely to be of use to a terrorist);
(p)section 58A (publishing information about members of the armed forces);
(q)section 58B (entering or remaining in a designated area);
(r)sections 59 to 61 (inciting terrorism overseas).
41An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
42An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a)section 47 (use etc of nuclear weapons);
(b)section 50 (assisting or inducing certain weapons-related acts overseas);
(c)section 113 (use of noxious substance or thing to cause harm or intimidate).
43An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
(a)section 1 (female genital mutilation);
(b)section 2 (assisting a girl to mutilate her own genitalia);
(c)section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
44An offence under Part 1 of the Sexual Offences Act 2003 (sexual offences), other than an offence under any of the following provisions of that Act—
(a)section 51A (soliciting);
(b)section 53A (paying for sexual services of a prostitute subjected to force etc);
(c)section 71 (sexual activity in a public lavatory).
45An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
46An offence under any of the following provisions of the Terrorism Act 2006—
(a)section 1 (encouragement of terrorism);
(b)section 2 (dissemination of terrorist publications);
(c)section 5 (preparation of terrorist acts);
(d)section 6 (training for terrorism);
(e)section 8 (attendance at a place used for terrorist training);
(f)section 9 (making or possession of radioactive device or material);
(g)section 10 (misuse of radioactive device or material for terrorist purposes etc);
(h)section 11 (terrorist threats relating to radioactive devices etc).
47An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).
48An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
49An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
50An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
51An offence under either of the following provisions of the Modern Slavery Act 2015—
(a)section 1 (slavery, servitude and forced or compulsory labour);
(b)section 2 (human trafficking).
52An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—
(a)paragraph 1 (hijacking of spacecraft);
(b)paragraph 2 (destroying, damaging or endangering the safety of spacecraft);
(c)paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);
(d)paragraph 4 (endangering safety at spaceports).”
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