OpenLegislation

Victims and Prisoners Act 2024 in Scotland

2024 c. 21 · Enacted 24 May 2024 · Extends to United Kingdom

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 15 September 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 11AinsertedVictims and Courts Act 2026 s. 10(3)
s. 17substitutedVictims and Courts Act 2026 s. 6
s. 11(4)(a)omittedVictims and Courts Act 2026 s. 10(2)(a)
s. 11(8A)insertedVictims and Courts Act 2026 s. 10(2)(b)
s. 68(2)omittedSentencing Act 2026 s. 26(6)(e)
s. 18coming into forceVictims and Prisoners Act 2024 (Commencement No. 12) 2026 reg. 2

An Act to make provision about victims of criminal conduct and others affected by criminal conduct; about the appointment and functions of advocates for victims of major incidents; for an infected blood compensation scheme; about the release of prisoners; about the membership and functions of the Parole Board; to prohibit certain prisoners from forming a marriage or civil partnership; and for connected purposes.

[24th May 2024]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Victims of criminal conduct
  2. Parliamentary Commissioner for Administration
  3. 27Parliamentary Commissioner for Administration
  4. Information relating to victims
  5. 29Information relating to victims: service police etc
  6. Consequential provision Not yet in force
  7. 33Consequential provision Not yet in force
  8. Part 2: Victims of major incidents
  9. Consequential amendments
  10. 45Consequential amendments
  11. Part 3: Infected blood compensation
  12. 48Infected Blood Compensation Authority
  13. 49Infected blood compensation scheme
  14. 50Payments
  15. 51Applications and procedure
  16. 52Reviews and appeals
  17. 53Information: infected blood compensation scheme
  18. 54Duty to co-operate with the IBCA
  19. 55Provision of support and assistance
  20. 56Payments to personal representatives of qualifying infected persons
  21. 57Information: payments to personal representatives
  22. Part 5: General
  23. 77Financial provision
  24. 78Power to make consequential provision
  25. 79Regulations
  26. 80Extent
  27. 81Commencement
  28. 82Short title
  29. Schedule 1: Infected Blood Compensation Authority
  30. Part 1: Constitution
  31. 1Membership
  32. 2Appointment of non-executive members
  33. 3Appointment of executive members
  34. 4Appointments of members: eligibility
  35. 5Terms of membership
  36. 6Non-executive members: payments
  37. 7Staffing
  38. 8Interim chief executive
  39. 9Committees and sub-committees
  40. 10Procedure
  41. 11Exercise of functions
  42. 12Funding
  43. 13Annual report
  44. 14Accounts and audit
  45. 15Meaning of “financial year”
  46. 16Provision of information
  47. 17Status
  48. 18Seal and evidence
  49. 19Supplementary powers
  50. Part 2: Transfer schemes
  51. 20Power to make transfer schemes
  52. 21Tax treatment of transfer schemes
  53. Part 3: Amendments
  54. 22Public Records Act 1958 (c. 51)
  55. 23Public Bodies (Admission to Meetings) Act 1960 (c. 67)
  56. 24Parliamentary Commissioner Act 1967 (c. 13)
  57. 25House of Commons Disqualification Act 1975 (c. 24)
  58. 26Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  59. 27Freedom of Information Act 2000 (c. 36)
  60. 28Equality Act 2010 (c. 15)

27Parliamentary Commissioner for AdministrationI1I2

(1)

The Parliamentary Commissioner Act 1967 is amended as follows.

(2)

Section 5 (matters subject to investigation) is amended in accordance with subsections (3) to (5).

(3)

In subsection (1)—

(a)

for paragraph (a) substitute—

“(a)

a written complaint is duly made by a member of the public, who claims to have sustained injustice in consequence of maladministration in connection with the action so taken, to—

(i)

the Commissioner, if the complaint relates to the complainant’s experience as a victim, or

(ii)

in any other case, a member of the House of Commons, and”;

(b)

in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

(4)

In subsection (1A)—

(a)

for paragraph (a) substitute—

“(a)

a written complaint is duly made by a member of the public, who claims that a person has failed to perform a relevant duty owed by that person to the member of the public, to—

(i)

the Commissioner, if the complaint relates to the complainant’s experience as a victim, or

(ii)

in any other case, a member of the House of Commons, and”;

(b)

in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.

(5)

After subsection (9A) insert—

“(9B)

In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.”

(6)

Section 6 (provisions relating to complaints) is amended in accordance with subsections (7) to (10).

(7)

After subsection (1A) insert—

“(1B)

A complaint under section 5(1)(a)(i) or (1A)(a)(i) may also be made by a person who is authorised to act on behalf of the person aggrieved.”

(8)

In subsection (2), for the words from “for himself” to the end substitute “or, where subsection (1B) applies, to authorise another person to act, the complaint may be made by the person’s personal representative, or by a member of the person’s family, or by another individual suitable to represent the person.”

(9)

After subsection (2) insert—

“(2A)

Except as provided by subsections (1B) and (2), a complaint may not be entertained under this Act unless made by the person aggrieved.”

(10)

In subsection (3), omit “to a member of the House of Commons”.

(11)

Section 10 (Commissioner’s reports) is amended in accordance with subsections (12) to (14).

(12)

In subsection (1)—

(a)

for “under this Act” substitute “pursuant to a complaint made to a member of the House of Commons under section 5(1)(a)(ii) or (1A)(a)(ii),”;

(b)

for “the House of Commons” substitute “that House”.

(13)

After subsection (1) insert—

“(1A)

In any case where the Commissioner conducts an investigation pursuant to a complaint made to the Commissioner under section 5(1)(a)(i) or (1A)(a)(i), or decides not to conduct such an investigation, the Commissioner—

(a)

must send to the person who made the complaint a report of the results of the investigation or, as the case may be, a statement of the Commissioner’s reasons for not conducting an investigation, and

(b)

may, with the consent of the person who made the complaint, send the report or statement to such member of the House of Commons as the Commissioner considers appropriate.

(1B)

References in subsection (1A) to the person who made the complaint are, in a case where the complaint is made by a person authorised to act on behalf of the person aggrieved (see section 6(1B)), to that authorised person.”

(14)

In subsection (5)(d), after “subsection” insert “(1A),”.

29Information relating to victims: service police etcI1I2

After section 44E of the Police, Crime, Sentencing and Courts Act 2022 (inserted by section 28 of this Act), insert—

“Application of this Chapter to service police etc

44F
(1)

This Chapter applies in relation to a person mentioned in subsection (2) as it applies in relation to an authorised person, with the modifications specified in subsections (3) and (4).

(2)

The persons are—

(a)

a member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;

(b)

a person designated by the Service Police Complaints Commissioner under regulation 36(2) of the Service Police (Complaints etc) Regulations 2023 (S.I. 2023/624);

(c)

a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in paragraph (a) or (b).

(3)

Section 44A applies as if for subsection (6) there were substituted—

“(6)

The reference in subsection (3)(c) to crime is a reference to conduct which constitutes one or more—

(a)

service offences within the meaning of the Armed Forces Act 2006, or

(b)

SDA offences within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059).”

(4)

Section 44B applies as if, in subsection (6)—

(a)

for the definition of “adult without capacity” there were substituted—

  • ““adult without capacity”—

    1. (a)

      in relation to England and Wales, means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;

    2. (b)

      in relation to Scotland, means an adult (within the meaning of this section) who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000, in relation to a notice under this section;

    3. (c)

      in relation to Northern Ireland, means an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity in relation to a notice under this section;”;

(b)

for the definition of “relevant authority” there were substituted—

  • ““relevant authority”—

    1. (a)

      in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;

    2. (b)

      in relation to Wales, means a county council or a county borough council;

    3. (c)

      in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

    4. (d)

      in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));”;

(c)

for the definition of “voluntary organisation” there were substituted—

  • ““voluntary organisation”—

    1. (a)

      in relation to England and Wales, has the same meaning as in the Children Act 1989;

    2. (b)

      in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995;

    3. (c)

      in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.””

33Consequential provisionI1

(1)

Chapter 1 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 (the victims’ code) is repealed (and the code of practice issued under section 32 of that Act ceases to be in operation).

(2)

The following amendments are made in consequence of subsection (1).

(3)

In the Parliamentary Commissioner Act 1967, in section 5(1B)(a), for “section 32 of the Domestic Violence, Crime and Victims Act 2004” substitute “section 2 of the Victims and Prisoners Act 2024”.

(4)

In the Domestic Violence, Crime and Victims Act 2004, in section 54 (disclosure of information)—

(a)

in subsection (2)(a), for “section 32” substitute “section 2 of the Victims and Prisoners Act 2024”;

(b)

in subsection (3)(a), for “required to do anything under the code issued under section 32” substitute “who is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with victims’ code)”.

45Consequential amendmentsI1I2 E+W+S

(1)

In paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), in Part 2 of the Table, at the appropriate place insert—

  • “An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.”

(2)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—

  • “An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.”

(3)

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying from membership of the House of Commons), in Part 3, at the appropriate place insert—

  • “An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.”

(4)

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6, at the appropriate place insert—

  • “An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.”

(5)

In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1, after “A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.” insert—

“Advocates for victims of major incidents

  • An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.”

48Infected Blood Compensation AuthorityI1

(1)

A body corporate called the Infected Blood Compensation Authority is established.

(2)

In this Part that body is referred to as “the IBCA”.

(3)

Schedule 1 contains further provision about the IBCA.

49Infected blood compensation schemeI1

(1)

The Secretary of State or the Minister for the Cabinet Office must by regulations within three months of the passing of this Act establish a scheme (the “infected blood compensation scheme”) for making payments to eligible persons.

(2)

“Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.

(3)

The persons within this subsection are persons who—

(a)

have been infected as a result of being treated with blood, blood products or tissue,

(b)

have been infected as a result of another person being treated with blood, blood products or tissue, or

(c)

have been affected by another person being infected as described in paragraph (a) or (b).

(4)

The regulations may define an eligible person by reference to matters including (but not limited to)—

(a)

the kind of infection;

(b)

the duration or effect of an infection;

(c)

when the treatment occurred;

(d)

where the treatment was given;

(e)

who gave the treatment;

(f)

whether a person was treated with blood, blood products or tissue;

(g)

in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;

(h)

in the case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.

(5)

The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.

50PaymentsI1

(1)

The amount of a payment under the infected blood compensation scheme is to be determined in accordance with regulations under section 49.

(2)

The regulations may make provision for the amount payable to eligible persons—

(a)

to be a specified amount;

(b)

to be an amount within a specified range;

(c)

not to exceed a specified amount.

(3)

The regulations may make provision—

(a)

for payments to be made as a lump sum or periodically;

(b)

for payments to be held on trust;

(c)

for interest to be payable on payments;

(d)

for the amount of any periodic payment to be increased to take account of changes in the value of money.

(4)

The regulations may make provision for payments to be made subject to conditions.

(5)

The regulations may make provision for payments under the scheme to be repaid to the IBCA (in whole or in part) in specified circumstances.

(6)

In this section “specified” means specified in the regulations.

51Applications and procedureI1

Regulations under section 49 may deal with the procedure for the making and deciding of applications for payments under the infected blood compensation scheme and, in particular, may—

(a)

impose time limits for making an application or taking other steps;

(b)

make provision about evidence.

52Reviews and appealsI1

(1)

Regulations under section 49—

(a)

may make provision for the IBCA to review decisions taken under the infected blood compensation scheme;

(b)

must confer a right of appeal to the First-tier Tribunal against a decision taken under the scheme.

(2)

If the regulations make provision under subsection (1)(a), they may provide for the right of appeal to be exercisable only if the IBCA has reviewed the decision.

53Information: infected blood compensation schemeI1

(1)

The IBCA may provide information to another person, and a person may provide information to the IBCA, for the purposes of any matter connected with the administration of the infected blood compensation scheme.

(2)

The IBCA may by notice in writing require a person to provide information to the IBCA for the purposes of any matter connected with the administration of the infected blood compensation scheme.

(3)

If a person fails to comply with a notice under subsection (2), the IBCA may apply to the appropriate court for an order requiring the person to comply with the notice.

(4)

The information referred to in this section may comprise or include personal data.

(5)

This section does not limit the circumstances in which information may be disclosed apart from this section.

(6)

Except as provided by subsection (7), a disclosure of information authorised by or required under this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).

(7)

This section does not authorise or require the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred and duties imposed by this section).

(8)

In this section—

  • “the appropriate court” means—

    1. (a)

      in England and Wales and Northern Ireland, the High Court;

    2. (b)

      in Scotland, the Court of Session;

  • “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.

54Duty to co-operate with the IBCAI1

(1)

Each relevant person must co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.

(2)

The relevant persons are—

(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.));

(k)

any other persons specified as relevant persons in regulations made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this section.

(3)

Regulations under subsection (2)(k)—

(a)

may not specify a Welsh body as a relevant person unless the Welsh Ministers consent;

(b)

may not specify a Scottish body as a relevant person unless the Scottish Ministers consent;

(c)

may not specify a Northern Ireland body as a relevant person unless the Department of Health in Northern Ireland consents.

(4)

In subsection (3)—

  • “Welsh body” means—

    1. (a)

      a devolved Welsh authority as defined in section 157A of the Government of Wales Act 2006;

    2. (b)

      a person providing services to a person within paragraph (a);

  • “Scottish body” means—

    1. (a)

      a person who is a part of the Scottish Administration;

    2. (b)

      a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998);

    3. (c)

      a person providing services to a person within paragraph (a) or (b);

  • “Northern Ireland body” means—

    1. (a)

      a Northern Ireland department;

    2. (b)

      a public authority whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters (within the meaning of the Northern Ireland Act 1998);

    3. (c)

      a person providing services to a person within paragraph (a) or (b).

55Provision of support and assistanceI1

(1)

The Secretary of State or the Minister for the Cabinet Office may make such arrangements as they consider appropriate for the provision of support and assistance to applicants (or potential applicants) for compensation under the infected blood compensation scheme.

(2)

The arrangements may be for the provision of support and assistance by the IBCA or any other person.

56Payments to personal representatives of qualifying infected personsI1

(1)

The Secretary of State or the Minister for the Cabinet Office must make arrangements for the personal representatives of a qualifying infected person (in their capacity as such) to receive a payment of £100,000.

(2)

A “qualifying infected person” is a deceased person—

(a)

who was registered as an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024, or

(b)

whose death was registered as the death of an infected person under an infected blood support scheme, or with a relevant organisation, before 17 April 2024,

and to or in respect of whom no payment has been made under the Infected Blood Interim Compensation Payment Scheme.

(3)

An “infected blood support scheme” means—

(a)

the England Infected Blood Support Scheme established under section 2 of, and paragraph 7C of Schedule 1 to, the National Health Service Act 2006,

(b)

the Wales Infected Blood Support Scheme established under sections 1 to 3 of the National Health Service (Wales) Act 2006,

(c)

the Scottish Infected Blood Support Scheme established partly under section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), and

(d)

the Infected Blood Payment Scheme for Northern Ireland established under section 3 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)).

(4)

A “relevant organisation” means—

(a)

the Caxton Foundation (charity number 1142529),

(b)

the Eileen Trust (charity number 1028027),

(c)

the Macfarlane Trust (charity number 298863),

(d)

the Macfarlane (Special Payments) Trust established on 29 January 1990,

(e)

the Macfarlane (Special Payments) (No. 2) Trust established on 3 May 1991,

(f)

MFET Limited (company number 07121661), and

(g)

the Skipton Fund Limited (company number 5084964).

(5)

A payment is made in respect of a deceased person under the Infected Blood Interim Compensation Payment Scheme if a payment under that scheme is made to the person’s personal representatives (in their capacity as such) or the person’s bereaved partner.

(6)

The Infected Blood Interim Compensation Payment Scheme means the scheme of that name administered by the persons who administer the infected blood support schemes (whether or not in conjunction with other persons).

(7)

The arrangements under subsection (1)—

(a)

must include provision about the procedure for making payments to the personal representatives of qualifying infected persons;

(b)

may include arrangements for one or more other persons (which may in particular include relevant persons) to administer the making of payments, in accordance with that procedure, on behalf of the Secretary of State or the Minister for the Cabinet Office.

(8)

The arrangements under subsection (1) may be made, in whole or in part, by exercising powers conferred on the Secretary of State or the Minister for the Cabinet Office apart from this section.

(9)

In this section—

  • “personal representatives”, in relation to a deceased person, means the persons responsible for administering the deceased person’s estate;

  • “relevant person” has the same meaning as in section 54.

(10)

The Secretary of State or the Minister for the Cabinet Office may by regulations repeal or amend subsections (1) to (9).

57Information: payments to personal representativesI1

(1)

A person may provide information to—

(a)

the Secretary of State or the Minister for the Cabinet Office, or

(b)

a person administering the making of payments under section 56 by virtue of section 56(7)(b),

for the purposes of any matter connected with the making of payments to personal representatives under that section.

(2)

The information referred to in subsection (1) may comprise or include personal data.

(3)

Subsection (1) does not limit the circumstances in which information may be disclosed apart from that subsection.

(4)

Except as provided by subsection (5), a disclosure of information authorised by this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).

(5)

Subsection (1) does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).

(6)

In this section “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.

77Financial provisionI1

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by the Secretary of State, and

(b)

any increase attributable to this Act in the sums payable under any other Act out of money so provided.

78Power to make consequential provisionI1

(1)

The Secretary of State may by regulations make provision that is consequential on, or on regulations under, Part 1, 2 or 4.

(2)

Each of the following may by regulations make provision that is consequential on, or on regulations under, Part 3—

(a)

the Secretary of State or the Minister for the Cabinet Office,

(b)

the Welsh Ministers,

(c)

the Scottish Ministers, and

(d)

a Northern Ireland department.

(3)

Regulations under subsection (2)—

(a)

made by the Welsh Ministers, may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;

(b)

made by the Scottish Ministers, may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

(c)

made by a Northern Ireland department, may contain only provision which—

(i)

would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

(ii)

would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

(4)

Regulations under this section may amend, repeal or revoke any provision of or made under primary legislation (whenever passed or made).

(5)

In this section, “primary legislation” means—

(a)

an Act;

(b)

a Measure or Act of Senedd Cymru;

(c)

an Act of the Scottish Parliament;

(d)

Northern Ireland legislation.

79RegulationsI1

(1)

Regulations under this Act—

(a)

may make different provision for different purposes or areas;

(b)

may include supplementary, incidental, saving or transitional provisions.

(2)

Regulations under this Act made by the Secretary of State, the Minister for the Cabinet Office, the Treasury or the Welsh Ministers are to be made by statutory instrument.

(3)

For regulations made under section 78(2) by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

(4)

The power of a Northern Ireland department to make regulations under section 78(2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(5)

A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State under section 17 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6)

A statutory instrument containing (alone or with other provision) the first regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 must be laid before Parliament after being made.

(7)

Regulations contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

(8)

In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

(a)

Parliament is dissolved or prorogued, or

(b)

either House of Parliament is adjourned for more than four days.

(9)

If regulations cease to have effect as a result of subsection (7), that does not—

(a)

affect the validity of anything previously done under the regulations, or

(b)

prevent the making of new regulations.

(10)

Any other statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(11)

A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 56(10) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)

A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 78(1) or (2) that amend, repeal or revoke primary legislation (within the meaning of section 78) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(13)

Any other statutory instrument containing regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(14)

A statutory instrument containing regulations made by the Treasury under paragraph 21 of Schedule 1 is subject to annulment in pursuance of a resolution of the House of Commons.

(15)

A statutory instrument containing regulations made by the Welsh Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(16)

Any other statutory instrument containing regulations made by the Welsh Ministers under section 78(2) is subject to annulment in pursuance of a resolution of Senedd Cymru.

(17)

Regulations made by the Scottish Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(18)

Any other regulations made by the Scottish Ministers under section 78(2) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(19)

Regulations made by a Northern Ireland department under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(20)

Any other regulations made by a Northern Ireland department under section 78(2) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(21)

This section does not apply to regulations under section 81.

80ExtentI1

(1)

This Act extends to England and Wales only, subject as follows.

(2)

Section 45(5) also extends to Scotland.

(3)

Section 19(3) and (4) also extends to Northern Ireland.

(4)

The following also extend to Scotland and Northern Ireland—

(a)

section 27;

(b)

section 29;

(c)

section 33(3);

(d)

section 45(1) to (4);

(e)

Part 3;

(f)

this Part.

(5)

His Majesty may by Order in Council provide for any of the provisions of Part 3 to extend, with or without modifications, to—

(a)

any of the Channel Islands;

(b)

the Isle of Man;

(c)

Gibraltar;

(d)

the Falkland Islands.

81CommencementI1

(1)

The following provisions come into force on the day on which this Act is passed—

(a)

Part 3;

(b)

section 73(1) and (3);

(c)

this Part.

(2)

Except as mentioned in subsection (1)(b), Parts 1, 2 and 4 come into force on such day as the Secretary of State may by regulations appoint.

(3)

The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of—

(a)

Part 1, 2 or 4, or

(b)

this Part.

(4)

The Secretary of State or the Minister for the Cabinet Office may by regulations make transitional or saving provision in connection with the coming into force of any provision of Part 3.

(5)

Regulations under this section may make different provision for different purposes or areas.

(6)

Regulations under this section are to be made by statutory instrument.

82Short titleI1

This Act may be cited as the Victims and Prisoners Act 2024.

1MembershipI1

(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.

2Appointment of non-executive membersI1

(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.

3Appointment of executive membersI1

(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.

4Appointments of members: eligibilityI1

(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.

5Terms of membershipI1

(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.

6Non-executive members: paymentsI1

(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.

7StaffingI1

(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.

8Interim chief executiveI1

(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.

9Committees and sub-committeesI1

(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.

10ProcedureI1

(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.

11Exercise of functionsI1

(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.

12FundingI1

(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).

13Annual reportI1

(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.

14Accounts and auditI1

(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.

15Meaning of “financial year”I1

In 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.

16Provision of informationI1

The 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.

17StatusI1

(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.

18Seal and evidenceI1

(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.

19Supplementary powersI1

The IBCA may do anything it thinks appropriate for the purposes of, or in connection with, its functions.

20Power to make transfer schemesI1

(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.

21Tax treatment of transfer schemesI1

(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.

22Public Records Act 1958 (c. 51)I1

In 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.”

23Public Bodies (Admission to Meetings) Act 1960 (c. 67)I1

In 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.”

24Parliamentary Commissioner Act 1967 (c. 13)I1

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—

  • “The Infected Blood Compensation Authority.”

25House of Commons Disqualification Act 1975 (c. 24)I1

In 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.”

26Northern Ireland Assembly Disqualification Act 1975 (c. 25)I1

In 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.”

27Freedom of Information Act 2000 (c. 36)I1

In 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.”

28Equality Act 2010 (c. 15)I1

In 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.”