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(1) | If, under regulations made under section 7A(1), an amount has been |
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determined as recoverable from a person, he must be given a notice (a |
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“recovery notice”) in accordance with the regulations which— |
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(a) | requires him to pay that amount, and |
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(b) | contains the information mentioned in subsection (2). |
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(a) | the reasons for the determination that an amount is recoverable |
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(b) | the basis on which the amount has been determined; |
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(c) | the way in which and the date before which the amount is |
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(d) | the means by which the amount may be recovered if it is not |
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paid in accordance with the notice; |
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(e) | the grounds on which and the procedure by means of which he |
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may seek a review if he objects to— |
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(i) | the determination that an amount is recoverable from |
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(ii) | the amount determined as recoverable from him. |
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(3) | The Secretary of State may by order made by statutory instrument |
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(b) | omitting information; |
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(c) | changing the description of information. |
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| 7C Review of recovery determinations |
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(1) | Regulations under section 7A(1) shall include provision for the review, |
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in such circumstances as may be prescribed by the regulations, of— |
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(a) | a determination that an amount is recoverable from a person; |
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(b) | the amount determined as recoverable from a person. |
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(2) | A person from whom an amount has been determined as recoverable |
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under the regulations may seek such a review only on the grounds— |
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(a) | that he has not been convicted of an offence to which the injury |
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is directly attributable; |
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(b) | that the compensation paid was not determined in accordance |
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(c) | that the amount determined as recoverable from him was not |
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determined in accordance with the regulations. |
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(3) | Any such review must be conducted by a person other than the person |
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who made the determination under review. |
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(4) | The person conducting any such review may— |
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(a) | set aside the determination that the amount is recoverable; |
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(b) | reduce the amount determined as recoverable; |
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(c) | increase the amount determined as recoverable; |
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(d) | determine to take no action under paragraphs (a) to (c). |
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(5) | But the person conducting any such review may increase the amount |
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determined as recoverable if (but only if) it appears to that person that |
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the interests of justice require the amount to be increased. |
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(1) | An amount determined as recoverable from a person under regulations |
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under section 7A(1) is recoverable from him as a debt due to the Crown |
| |
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(a) | he has been given a recovery notice in accordance with the |
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regulations which complies with the requirements of section 7B, |
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(b) | he has failed to pay the amount in accordance with the notice. |
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(2) | In any proceedings for the recovery of the amount from a person, it is a |
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defence for the person to show— |
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(a) | that he has not been convicted of an offence to which the injury |
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is directly attributable; |
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(b) | that the compensation paid was not determined in accordance |
| |
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(c) | that the amount determined as recoverable from him was not |
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determined in accordance with regulations under section 7A. |
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(3) | In any such proceedings, except for the purposes of subsection (2)(b), |
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no question may be raised or finding made as to the amount that was, |
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or ought to have been, the subject of an award. |
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(4) | For the purposes of section 9 of the Limitation Act 1980 (time limit for |
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actions for sums recoverable by statute to run from date on which cause |
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of action accrued) the cause of action to recover that amount shall be |
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(a) | on the date on which the compensation was paid; or |
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(b) | if later, on the date on which a person from whom an amount is |
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sought to be recovered was convicted of an offence to which the |
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injury is directly attributable. |
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(5) | If that person is convicted of more than one such offence and the |
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convictions are made on different dates, the reference in subsection |
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(4)(b) to the date on which he was convicted of such an offence shall be |
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taken to be a reference to the earlier or earliest (as the case may be) of |
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the dates on which he was convicted of such an offence.”. |
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(3) | In section 9(7) (financial provisions: sums payable into Consolidated Fund), |
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after “section 3(1)(c)” insert “, or by virtue of regulations made under section |
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(4) | In section 11, after subsection (8) insert— |
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“(8A) | No regulations under section 7A(1) or order under section 7B(3) shall |
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be made unless a draft of the regulations or order has been laid before |
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Parliament and approved by a resolution of each House.”. |
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52 | Amendments and repeals |
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(1) | Schedule 10 (minor and consequential amendments) has effect. |
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(2) | The provisions mentioned in Schedule 11 are repealed or revoked to the extent |
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53 | Transitional and transitory provisions |
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Schedule 12 (transitional and transitory provisions) has effect. |
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The preceding provisions of this Act come into force in accordance with |
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provision made by the Secretary of State by order. |
| |
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(1) | An order under this Act— |
| |
(a) | may make different provision for different purposes; |
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(b) | may include supplementary, incidental, saving or transitional |
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(2) | Any power to make an order under this Act is exercisable by statutory |
| |
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(3) | A statutory instrument containing an order under section 9(6) or 33(7) is |
| |
subject to annulment in pursuance of a resolution of either House of |
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(4) | No order may be made under section 14(5), 47(4) or 48(4) unless a draft of the |
| |
order has been laid before Parliament and approved by a resolution of each |
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(1) | Subject to the following provisions of this section, Parts 1 to 3 extend to |
| |
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(2) | Section 51 also extends to Scotland. |
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(3) | The following provisions extend also to Northern Ireland— |
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(4) | The following provisions extend to Northern Ireland only— |
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