Domestic Violence, Crime and Victims Bill [HL]

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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7B Recovery notices
(1)
If, under regulations made under section 7A(1), an amount has been
determined as recoverable from a person, he must be given a notice (a
“recovery notice”) in accordance with the regulations which—
(a)
requires him to pay that amount, and
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(b)
contains the information mentioned in subsection (2).
(2)
The information is—
(a)
the reasons for the determination that an amount is recoverable
from the person;
(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
required to be paid;
(d)
the means by which the amount may be recovered if it is not
paid in accordance with the notice;
(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—
(i)
the determination that an amount is recoverable from
him;
(ii)
the amount determined as recoverable from him.
(3)
The Secretary of State may by order made by statutory instrument
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amend subsection (2) by—
(a)
adding information;
(b)
omitting information;
(c)
changing the description of information.
7C Review of recovery determinations
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(1)
Regulations under section 7A(1) shall include provision for the review,
in such circumstances as may be prescribed by the regulations, of—
(a)
a determination that an amount is recoverable from a person;
(b)
the amount determined as recoverable from a person.
(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—
(a)
that he has not been convicted of an offence to which the injury
is directly attributable;
(b)
that the compensation paid was not determined in accordance
with the Scheme;
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(c)
that the amount determined as recoverable from him was not
determined in accordance with the regulations.
(3)
Any such review must be conducted by a person other than the person
who made the determination under review.
(4)
The person conducting any such review may—
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(a)
set aside the determination that the amount is recoverable;
(b)
reduce the amount determined as recoverable;
(c)
increase the amount determined as recoverable;
(d)
determine to take no action under paragraphs (a) to (c).

Domestic Violence, Crime and Victims Bill [HL]
Part 3 — Victims etc
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(5)
But the person conducting any such review may increase the amount
determined as recoverable if (but only if) it appears to that person that
the interests of justice require the amount to be increased.
7D Recovery proceedings
(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
if (but only if)—
(a)
he has been given a recovery notice in accordance with the
regulations which complies with the requirements of section 7B,
and
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(b)
he has failed to pay the amount in accordance with the notice.
(2)
In any proceedings for the recovery of the amount from a person, it is a
defence for the person to show—
(a)
that he has not been convicted of an offence to which the injury
is directly attributable;
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(b)
that the compensation paid was not determined in accordance
with the Scheme; or
(c)
that the amount determined as recoverable from him was not
determined in accordance with regulations under section 7A.
(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,
or ought to have been, the subject of an award.
(4)
For the purposes of section 9 of the Limitation Act 1980 (time limit for
actions for sums recoverable by statute to run from date on which cause
of action accrued) the cause of action to recover that amount shall be
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taken to have accrued—
(a)
on the date on which the compensation was paid; or
(b)
if later, on the date on which a person from whom an amount is
sought to be recovered was convicted of an offence to which the
injury is directly attributable.
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(5)
If that person is convicted of more than one such offence and the
convictions are made on different dates, the reference in subsection
(4)(b) to the date on which he was convicted of such an offence shall be
taken to be a reference to the earlier or earliest (as the case may be) of
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),
after “section 3(1)(c)” insert “, or by virtue of regulations made under section
7A(1),”.
(4)
In section 11, after subsection (8) insert—
“(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
Parliament and approved by a resolution of each House.”.

Domestic Violence, Crime and Victims Bill [HL]
Part 4 — Supplementary
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Part 4
Supplementary
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Amendments and repeals
(1)
Schedule 10 (minor and consequential amendments) has effect.
(2)
The provisions mentioned in Schedule 11 are repealed or revoked to the extent
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specified.
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Transitional and transitory provisions
Schedule 12 (transitional and transitory provisions) has effect.
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Commencement
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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Orders
(1)
An order under this Act—
(a)
may make different provision for different purposes;
(b)
may include supplementary, incidental, saving or transitional
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provisions.
(2)
Any power to make an order under this Act is exercisable by statutory
instrument.
(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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Parliament.
(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
House.
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Extent
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(1)
Subject to the following provisions of this section, Parts 1 to 3 extend to
England and Wales only.
(2)
Section 51 also extends to Scotland.
(3)
The following provisions extend also to Northern Ireland—

section 5;
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section 9;

sections 17 to 21;

Schedule 1;

section 50;
(4)
The following provisions extend to Northern Ireland only—
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section 7;

section 10(2);

Domestic Violence, Crime and Victims Bill [HL]
Part 4 — Supplementary
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section 13;

section 23;

section 40.
(5)
Section 8, so far as relating to proceedings before courts-martial constituted
under a particular Act mentioned in subsection (2) of that section, has the same
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extent as that Act.
(6)
An amendment, repeal or revocation in Schedule 3, 7, 8, 10 or 11 has the same
extent as the provision to which it relates.
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Short title
This Act may be cited as the Domestic Violence, Crime and Victims Act 2004.
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