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Section 3 Application of SchemeI1

Northern Ireland

(1)

The following persons, not being the actual victim of an offence, are to be regarded as the victim of that offence for the purposes of this scheme instead of the actual victim:

(a)

if the actual victim has died, a close family member; and

(b)

if the actual victim is a vulnerable person, a close family member or a legal guardian.

(2)

In particular circumstances in which the Board considers it appropriate, a person other than the actual victim of an offender is to be regarded for the purposes of this scheme as a victim of the offence (instead of the actual victim).

(3)

References to the victim of an offence in this scheme shall be construed in accordance with paragraphs (1) and (2).

(4)

In paragraph (1) “a close family member” means one of the following persons:

(a)

the actual victim’s spouse F1or civil partner ;

(b)

a person with whom the actual victim is living, or as the case may be lived, as the actual victim’s spouse, or civil partner;

(c)

the actual victim’s parent;

(d)

the actual victim’s adult child;

(e)

the actual victim’s sibling;

(f)

the actual victim’s grandparent.

(5)

In paragraph (1) “a vulnerable person” means a person under the age of eighteen or a person whose physical or mental state is such that the Board considers that it is reasonable in all the circumstances for a person listed in (1)(b) to receive the information instead.

Annotations

Textual amendments

F1

words in art. 3(4)(a) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 162

Commencement

I1

Art. 3 in operation at 25.10.2005, see art. 1