Victims and Witnesses of Crime Bill

Commissioner for Victims and Witnesses of Crime for Northern Ireland

1.—(1) The Commissioner for Victims and Witnesses of Crime for Northern Ireland is established (“the Commissioner”).

(2) The Commissioner must be appointed by the Department of Justice.

(3) Schedule 1 makes further provision about the Commissioner.

Principal aim

2. The principal aim of the Commissioner in exercising the Commissioner’s functions under this Act is to promote the interests of victims and witnesses.

SCHEDULE 1

COMMISSIONER FOR VICTIMS AND WITNESSES OF CRIME FOR NORTHERN IRELAND

Status

1.—(1) The person for the time being holding the office of the Commissioner is by that name a corporation sole.

(2) The Commissioner 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.

(3) The property of the Commissioner is not to be regarded as property of, or held on behalf of, the Crown.

Tenure of office

2.—(1) A person holds and vacates office as the Commissioner in accordance with the terms of the person’s appointment; but this is subject to the provisions of this Act and any other statutory provision.

(2) An appointment as the Commissioner is for such period, not exceeding 5 years, as may be specified in the terms of appointment.

(3) A person who ceases to be the Commissioner on the expiration of that person’s first term of office is eligible for appointment under section 1(2).

(4) A person may not be appointed under section 1(2) more than twice.

(5) The Commissioner may resign by giving notice in writing to the Department.

(6) The Department may remove a person from office as Commissioner by giving notice in writing if satisfied that the person—

(a) has been convicted of a criminal offence,

(b) has become bankrupt, is the subject of a bankruptcy restrictions order, has had a debt relief order or debt relief restrictions order made in respect of that person, or has made a voluntary or composition arrangement with that person’s creditors,

(c) has without reasonable excuse, failed to discharge the functions of the Commissioner for a continuous period of 3 months,

(d) has become unable, unfit or unwilling to exercise the functions of the Commissioner, or

(e) has failed to comply with the terms of appointment.

(7) Each of the expressions used in sub-paragraph (6)(b) has the same meaning as the Insolvency (Northern Ireland) Order 1989.

Commissioner’s salary, etc.

3.—(1) The Department may pay to or in respect of the Commissioner such of the following as the Department may determine—

(a) remuneration,

(b) allowances, and

(c) sums for the provision of a pension.

(2) Where a person ceases to hold office as Commissioner otherwise than on the expiration of that person’s term of office and the Department determines that special circumstances justify compensation, the Department may pay to, or in respect of, the person such amount as the Department may determine.

(3) A determination of the Department under this paragraph requires the approval of the Department of Finance.

Staff

4.—(1) The Commissioner may appoint such number of staff as the Commissioner may determine.

(2) The terms of a person’s appointment are to be determined by the Commissioner; but this is subject to the provisions of this Act and any other statutory provision.

(3) The Commissioner may pay to or in respect of a member of staff such remuneration, allowances, and sums for the provision of a pension as the Commissioner may determine.

(4) Where a person ceases to be a member of staff otherwise than on expiration of a term of appointment and the Commissioner determines that special circumstances justify compensation, the Commissioner may pay to or in respect of the person such amount as the Commissioner may determine.

(5) A determination by the Commissioner under this paragraph requires the approval of the Department and of the Department of Finance.

Seconded staff

5.—(1) The Commissioner may make arrangements with a Northern Ireland department for persons employed in the Northern Ireland civil service to be seconded to the office of the Commissioner.

(2) Arrangements made with a Department other than the Department of Finance require the approval of that Department.

(3) A period of secondment does not affect a person’s continuity of service in the Northern Ireland civil service.

Delegation of functions of Commissioner

6.—(1) Any function of the Commissioner may be exercised by a member of the Commissioner’s staff who has been authorised (whether generally or specifically) by the Commissioner for that purpose.

(2) The giving of authority under sub-paragraph (1) to exercise a function does not—

(a) affect the Commissioner’s responsibility to exercise the function;

(b) prevent the exercise of the function by the Commissioner.

(3) In sub-paragraph (1), “staff” includes—

(a) staff appointed as mentioned in paragraph 4(1), and

(b) staff seconded as mentioned in paragraph 5(1).

Seal

7.—(1) The application of the seal of the Commissioner must be authenticated by the signature of—

(a) the Commissioner, or

(b) any person authorised under paragraph 6 for that purpose.

(2) Any document which, if executed by an individual, would not require to be executed as a deed may be executed on behalf of the Commissioner by any person generally or specifically authorised by the Commissioner for that purpose.

Evidence

8. A document purporting to be an instrument issued by the Commissioner and to be duly executed under the Commissioner’s seal or signed by or on behalf of the Commissioner is to be received in evidence and, unless the contrary is proved, taken to be such an instrument.

Property

9.—(1) Any real and personal property vested in the Commissioner must (unless and until disclaimed or disposed of) vest in the Commissioner’s successor in office.

(2) Where there is a vacancy in the office of Commissioner at the time when real or personal property would otherwise have vested, the property must vest in the successor on that person’s appointment.

Funding

10.—(1) The Department may make grants to the Commissioner of such amounts as it determines.

(2) The Commissioner must pay to the Department all sums received by the Commissioner in the course of, or in connection with, the exercise of the Commissioner’s functions.

(3) But sub-paragraph (2) does not apply to such sums, or sums of such description, as the Department may, with the approval of the Department of Finance, direct.

(4) Any sums received by the Department under this paragraph must be paid into the Consolidated Fund.

Accounts

11.—(1) The Commissioner must—

(a) keep proper accounts and proper records in relation to the accounts, and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts must—

(a) be in such form, and

(b) contain such information,

as the Department may, with the approval of the Department of Finance, direct.

(3) The Commissioner must, within such period after the end of each financial year as the Department may direct, send copies of the statement of accounts relating to that year to—

(a) the Department, and

(b) the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on every statement of accounts received under sub-paragraph (3)(b), and

(b) send a copy of that report to the Department.

(5) The Department must lay before the Assembly a copy of—

(a) the statement of accounts, and

(b) the Comptroller and Auditor General’s report.

(6) In this paragraph, “Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland.

Supplementary powers

12.—(1) The Commissioner may do anything which the Commissioner considers to be appropriate for facilitating, or to be incidental or conducive to, the exercise of the Commissioner's functions.

(2) The power in sub-paragraph (1) includes in particular—

(a) co-operating with other bodies exercising functions relating to victims and witnesses or their rights (whether in Northern Ireland or elsewhere);

(b) acquiring, holding and disposing of real or personal property;

(c) entering into contracts.

(3) The power in sub-paragraph (1) does not include the power to borrow money.