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[NOTE:
The words marked in bold type were inserted by the Lords to
avoid |
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Make
provision for advice and assistance to victims of acts of terrorism
taking |
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place outside the United
Kingdom; for arrangements under which insurance |
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is made available to individuals
in respect of risks against injury resulting |
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from acts of terrorism taking
place outside the United Kingdom; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Scope
and interpretation |
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“act of terrorism”
means an act involving serious violence against a |
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person or serious damage
to property, done for the purpose of |
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advancing a political,
religious or ideological cause and designed to— |
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(a) |
overthrow or influence
the government of the United Kingdom, |
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any other government
de jure or de facto, or an international |
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governmental organisation,
or |
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(b) |
intimidate the public
or a section of the public; |
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“victim of overseas
terrorism” means an individual who has sustained |
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injury as a direct result
of an act of terrorism taking place outside the |
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United Kingdom on or after
1 January 2002. |
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(2) |
The arrangements and scheme
for which this Act provides need only benefit |
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(a) |
British citizens ordinarily
resident in the United Kingdom, or |
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(b) |
of a description specified
in an order made by the Secretary of State by |
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(3) |
No order under subsection
(2) shall be made unless a draft of the instrument |
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containing the order has
been laid before, and approved by a resolution of, |
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each House of Parliament. |
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(1) |
The Secretary of State
shall make arrangements for the provision of assistance |
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to, or in respect of, victims
of overseas terrorism. |
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(2) |
Assistance provided under
subsection (1) shall consist of— |
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(a) |
all advice and assistance
of the kind that is commonly provided, as at |
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the time this Act is passed,
by or on behalf of the government of the |
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United Kingdom to, or in
respect of, victims of overseas terrorism; and |
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(b) |
such other advice and assistance
as the Secretary of State considers |
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(3) |
The Secretary of State
shall, before making arrangements under subsection (1), |
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consult such persons appearing
to him to represent victims of overseas |
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terrorism (or their relatives)
as he considers appropriate. |
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(4) |
The Secretary of State
shall publish, in the way he considers appropriate, the |
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arrangements made under
subsection (1). |
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3 |
Arrangements
with insurers |
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(1) |
The Secretary of State
shall take such steps as appear to him appropriate with |
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a view to making arrangements
under which— |
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(a) |
insurance is made readily
available to individuals in respect of risks |
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against injury resulting
from acts of terrorism taking place outside the |
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United Kingdom and loss
consequential on such injury, and |
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(b) |
the Treasury undertakes
the whole or part of the liability of reinsuring |
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(2) |
Section 1 of the Reinsurance
(Acts of Terrorism) Act 1993 (c. 18) (financial
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provisions and obligation
to lay agreement or guarantee before Parliament) |
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applies to arrangements
under which the Treasury undertakes liability of |
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reinsuring risks for the
purpose of this section as it applies to the arrangements |
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described in section 2
of that Act; and the Treasury may administer the two sets |
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of arrangements in common. |
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4 |
Overseas
Terrorism Awards Scheme |
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(1) |
The Secretary of State
shall make a scheme, to be known as the Overseas |
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Terrorism Award Scheme
(“the Scheme”), for the purpose of making awards
of |
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compensation to, or in
respect of, victims of overseas terrorism, to the extent |
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appropriate having regard
to the availability of compensation under |
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arrangements made under
section 3
or otherwise. |
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(2) |
The Scheme shall provide,
in particular, for— |
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(a) |
the circumstances in which
awards may be made, and |
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(b) |
the categories of person
to whom awards may be made. |
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(3) |
In this section and sections
5
to 7
of this Act— |
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“the 1995 Act”
means the Criminal Injuries Compensation
Act 1995 (c. 53); |
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“award” means
an award of compensation made in accordance with the |
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provisions of the Scheme;
and |
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“specified”
means specified by the Scheme. |
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5 |
Basis
on which compensation to be calculated |
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(1) |
The amount of compensation
payable under an award shall be determined in |
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accordance with the provisions
of the Scheme. |
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(2) |
Provision shall be made
for— |
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(a) |
a standard amount of compensation,
determined by reference to the |
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nature of the injury; and |
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(b) |
in such cases as may be
specified, additional amounts of compensation |
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calculated by reference
to such kinds of loss and expense as may be |
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(3) |
Provision shall be made
for the following to be taken into account, in such cases |
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and in such manner as may
be specified, in computing the amount of |
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compensation payable under
an award— |
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(a) |
compensation receivable
under the provisions of a specified scheme |
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applicable in the place
where the injury took place; |
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(b) |
specified benefits payable
in the United Kingdom or elsewhere to the |
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injured person or, in a
case of fatal injury, to any person entitled to an |
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award of compensation under
the Scheme in respect of the injured |
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(c) |
compensation payable as
a result of a claim which has been, or could |
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be, made in legal proceedings
against a person responsible for the |
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(d) |
sums payable in respect
of the injury (and any consequential loss) |
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under a policy of insurance
of a specified kind issued to, or for the |
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benefit of, the injured
person. |
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(4) |
Subsections (3) to (7)
of section 2 of the 1995 Act (specification of standard |
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amounts of compensation,
maximum limits upon compensation and the |
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making of transitional
provision in respect of any alteration of provisions |
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relating to compensation)
apply to the Scheme as they apply to the Criminal |
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Injuries Compensation Scheme. |
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6 |
Claims,
awards, reviews and appeals |
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(1) |
Subsections (1) to (3)
of section 3 of the 1995 Act (further provisions about |
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compensation, provision
for the standard of proof in determinations, and |
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provision for recovery
of amounts repayable) apply to the Scheme as they |
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apply to the Criminal Injuries
Compensation Scheme. |
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(2) |
Subject to subsection
(4) below, the functions for the time being of any Scheme |
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manager or claims officer
under subsections (4) to (7) of that section shall be |
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exercised in relation to
the Scheme as they are in relation to the Criminal |
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Injuries Compensation Scheme. |
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(3) |
Subject to subsection
(4) below, the provision made by, and for the time being |
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made under, sections 4
(reviews) and 5 (appeals) of the 1995 Act applies to the |
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scheme as it applies to
the Criminal Injuries Compensation Scheme. |
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(4) |
The Scheme shall provide
for— |
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(a) |
payment of a specified
sum to the injured person (or, in the case of fatal |
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injuries, to a dependent
of that person or, if more than one, to those |
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persons jointly) forthwith
on receipt of a claim; |
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(b) |
the making of an interim
award in respect of the injury, loss of earnings |
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and the cost of care and
treatment; |
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(c) |
the
final determination of a claim (including any review or appeal)
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within two years of the
date on which the injury took place, unless that |
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is impracticable or inappropriate
in specified circumstances. |
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7 |
Application
of other provisions |
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(1) |
The provisions of sections
6 (reports and accounts) and 9 (financial provisions) |
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of the 1995 Act shall apply
in relation to the Scheme as they apply in relation to |
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the Criminal Injuries Compensation
Scheme for the time being. |
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(2) |
Section 7 of the 1995
Act (inalienability of awards) applies to an award under |
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the Scheme as it applies
to an award under the Criminal Injuries Compensation |
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(3) |
In section 732(1) of the
Income Tax (Trading and Other Income)
Act 2005 (c. 5) |
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(exemption of certain annuities
from tax), the reference to the Criminal Injuries |
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Compensation Scheme shall
be taken as including a reference to the Scheme. |
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(4) |
In section 11B(1) of the
Parliamentary Commissioner Act 1967
(c. 13), “Scheme |
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functions” shall
be read as including functions exercisable by an administrator
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of the Criminal Injuries
Compensation Scheme in relation to the Scheme. |
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(5) |
Section 11 of the 1995
Act (Parliamentary control) applies to the Scheme as it |
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applies to the Criminal
Injuries Compensation Scheme. |
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8 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Victims of Overseas Terrorism Act 2007. |
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(2) |
This Act comes into force
at the end of the period of one month beginning with |
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the date on which it is
passed. |
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(3) |
This Act does not extend
to Northern Ireland. |
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(4) |
Nothing
in this Act shall impose any charge on the people or on public
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funds,
or vary the amount or incidence of or otherwise alter any such
charge |
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in
any manner, or affect the assessment, levying, administration
or |
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application
of any money raised by any such charge. |
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