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Victims of Overseas Terrorism Bill [HL]


 

Victims of Overseas Terrorism Bill [HL]

 

 
 

Contents

1   

Scope and interpretation

2   

Advice and assistance

3   

Arrangements with insurers

4   

Overseas Terrorism Awards Scheme

5   

Basis on which compensation to be calculated

6   

Claims, awards, reviews and appeals

7   

Application of other provisions

8   

Short title, commencement and extent

 

Bill 124                                                                                                

54/2

 
 

Victims of Overseas Terrorism Bill [HL]

1

 

[NOTE: The words marked in bold type were inserted by the Lords to avoid

questions of privilege.]

A

Bill

To

Make provision for advice and assistance to victims of acts of terrorism taking

place outside the United Kingdom; for arrangements under which insurance

is made available to individuals in respect of risks against injury resulting

from acts of terrorism taking place outside the United Kingdom; and for

connected purposes. 

Be it enacted by the Queen’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:—

1       

Scope and interpretation

(1)   

In this Act—

“act of terrorism” means an act involving serious violence against a

person or serious damage to property, done for the purpose of

advancing a political, religious or ideological cause and designed to—

5

(a)   

overthrow or influence the government of the United Kingdom,

any other government de jure or de facto, or an international

governmental organisation, or

(b)   

intimidate the public or a section of the public;

“victim of overseas terrorism” means an individual who has sustained

10

injury as a direct result of an act of terrorism taking place outside the

United Kingdom on or after 1 January 2002.

(2)   

The arrangements and scheme for which this Act provides need only benefit

individuals who are—

(a)   

British citizens ordinarily resident in the United Kingdom, or

15

(b)   

of a description specified in an order made by the Secretary of State by

statutory instrument.

(3)   

No order under subsection (2) shall be made unless a draft of the instrument

containing the order has been laid before, and approved by a resolution of,

each House of Parliament.

20

 
Bill 124 54/2
 
 

Victims of Overseas Terrorism Bill [HL]

2

 

2       

Advice and assistance

(1)   

The Secretary of State shall make arrangements for the provision of assistance

to, or in respect of, victims of overseas terrorism.

(2)   

Assistance provided under subsection (1) shall consist of—

(a)   

all advice and assistance of the kind that is commonly provided, as at

5

the time this Act is passed, by or on behalf of the government of the

United Kingdom to, or in respect of, victims of overseas terrorism; and

(b)   

such other advice and assistance as the Secretary of State considers

appropriate.

(3)   

The Secretary of State shall, before making arrangements under subsection (1),

10

consult such persons appearing to him to represent victims of overseas

terrorism (or their relatives) as he considers appropriate.

(4)   

The Secretary of State shall publish, in the way he considers appropriate, the

arrangements made under subsection (1).

3       

Arrangements with insurers

15

(1)   

The Secretary of State shall take such steps as appear to him appropriate with

a view to making arrangements under which—

(a)   

insurance is made readily available to individuals in respect of risks

against injury resulting from acts of terrorism taking place outside the

United Kingdom and loss consequential on such injury, and

20

(b)   

the Treasury undertakes the whole or part of the liability of reinsuring

such risks.

(2)   

Section 1 of the Reinsurance (Acts of Terrorism) Act 1993 (c. 18) (financial

provisions and obligation to lay agreement or guarantee before Parliament)

applies to arrangements under which the Treasury undertakes liability of

25

reinsuring risks for the purpose of this section as it applies to the arrangements

described in section 2 of that Act; and the Treasury may administer the two sets

of arrangements in common.

4       

Overseas Terrorism Awards Scheme

(1)   

The Secretary of State shall make a scheme, to be known as the Overseas

30

Terrorism Award Scheme (“the Scheme”), for the purpose of making awards of

compensation to, or in respect of, victims of overseas terrorism, to the extent

appropriate having regard to the availability of compensation under

arrangements made under section 3 or otherwise.

(2)   

The Scheme shall provide, in particular, for—

35

(a)   

the circumstances in which awards may be made, and

(b)   

the categories of person to whom awards may be made.

(3)   

In this section and sections 5 to 7 of this Act—

“the 1995 Act” means the Criminal Injuries Compensation Act 1995 (c. 53);

“award” means an award of compensation made in accordance with the

40

provisions of the Scheme; and

“specified” means specified by the Scheme.

 
 

Victims of Overseas Terrorism Bill [HL]

3

 

5       

Basis on which compensation to be calculated

(1)   

The amount of compensation payable under an award shall be determined in

accordance with the provisions of the Scheme.

(2)   

Provision shall be made for—

(a)   

a standard amount of compensation, determined by reference to the

5

nature of the injury; and

(b)   

in such cases as may be specified, additional amounts of compensation

calculated by reference to such kinds of loss and expense as may be

specified.

(3)   

Provision shall be made for the following to be taken into account, in such cases

10

and in such manner as may be specified, in computing the amount of

compensation payable under an award—

(a)   

compensation receivable under the provisions of a specified scheme

applicable in the place where the injury took place;

(b)   

specified benefits payable in the United Kingdom or elsewhere to the

15

injured person or, in a case of fatal injury, to any person entitled to an

award of compensation under the Scheme in respect of the injured

person;

(c)   

compensation payable as a result of a claim which has been, or could

be, made in legal proceedings against a person responsible for the

20

injury; and

(d)   

sums payable in respect of the injury (and any consequential loss)

under a policy of insurance of a specified kind issued to, or for the

benefit of, the injured person.

(4)   

Subsections (3) to (7) of section 2 of the 1995 Act (specification of standard

25

amounts of compensation, maximum limits upon compensation and the

making of transitional provision in respect of any alteration of provisions

relating to compensation) apply to the Scheme as they apply to the Criminal

Injuries Compensation Scheme.

6       

Claims, awards, reviews and appeals

30

(1)   

Subsections (1) to (3) of section 3 of the 1995 Act (further provisions about

compensation, provision for the standard of proof in determinations, and

provision for recovery of amounts repayable) apply to the Scheme as they

apply to the Criminal Injuries Compensation Scheme.

(2)   

Subject to subsection (4) below, the functions for the time being of any Scheme

35

manager or claims officer under subsections (4) to (7) of that section shall be

exercised in relation to the Scheme as they are in relation to the Criminal

Injuries Compensation Scheme.

(3)   

Subject to subsection (4) below, the provision made by, and for the time being

made under, sections 4 (reviews) and 5 (appeals) of the 1995 Act applies to the

40

scheme as it applies to the Criminal Injuries Compensation Scheme.

(4)   

The Scheme shall provide for—

(a)   

payment of a specified sum to the injured person (or, in the case of fatal

injuries, to a dependent of that person or, if more than one, to those

persons jointly) forthwith on receipt of a claim;

45

(b)   

the making of an interim award in respect of the injury, loss of earnings

and the cost of care and treatment;

 
 

Victims of Overseas Terrorism Bill [HL]

4

 

(c)   

the final determination of a claim (including any review or appeal)

within two years of the date on which the injury took place, unless that

is impracticable or inappropriate in specified circumstances.

7       

Application of other provisions

(1)   

The provisions of sections 6 (reports and accounts) and 9 (financial provisions)

5

of the 1995 Act shall apply in relation to the Scheme as they apply in relation to

the Criminal Injuries Compensation Scheme for the time being.

(2)   

Section 7 of the 1995 Act (inalienability of awards) applies to an award under

the Scheme as it applies to an award under the Criminal Injuries Compensation

Scheme.

10

(3)   

In section 732(1) of the Income Tax (Trading and Other Income) Act 2005 (c. 5)

(exemption of certain annuities from tax), the reference to the Criminal Injuries

Compensation Scheme shall be taken as including a reference to the Scheme.

(4)   

In section 11B(1) of the Parliamentary Commissioner Act 1967 (c. 13), “Scheme

functions” shall be read as including functions exercisable by an administrator

15

of the Criminal Injuries Compensation Scheme in relation to the Scheme.

(5)   

Section 11 of the 1995 Act (Parliamentary control) applies to the Scheme as it

applies to the Criminal Injuries Compensation Scheme.

8       

Short title, commencement and extent

(1)   

This Act may be cited as the Victims of Overseas Terrorism Act 2007.

20

(2)   

This Act comes into force at the end of the period of one month beginning with

the date on which it is passed.

(3)   

This Act does not extend to Northern Ireland.

(4)   

Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

25

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

 
 

 
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