The Victims and Survivors (Northern Ireland) Order 2006

Document Number:2006 No. 2953 (N.I.17)
Coming into force:Coming into force on the 15/02/2007
 
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Statutory Instruments

NORTHERN IRELAND

Made

14 th November 2006

Coming into operation in accordance with Article 1(2) to (4)

At the Court at Buckingham Palace, the 14 th day of November 2006

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Introductory

Title and commencement

  1. —(1) This Order may be cited as the Victims and Survivors (Northern Ireland) Order 2006.

    (2) The following provisions of this Order come into operation two weeks after the day on which this Order is made—

    (a) this Article; and

    (b) Articles 2 and 3.

    (3) The other provisions of this Order come into operation on such day or days as the Office may by order appoint.

    (4) An order under paragraph (3) may contain such transitional provisions as appear to the Office to be appropriate.

    Interpretation: general

  2. —(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order—

    “the Commissioner” means the Commissioner for Victims and Survivors for Northern Ireland;

    “conflict-related incident” means an incident appearing to the Commissioner to be a violent incident occurring in or after 1966 in connection with the affairs of Northern Ireland;

    “information” includes information recorded in any form;

    “the Office” means the Office of the First Minister and deputy First Minister;

    “practice” includes policy.

    Interpretation: “victim and survivor”

  3. —(1) In this Order references to “victim and survivor” are references to an individual appearing to the Commissioner to be any of the following—

    (a) someone who is or has been physically or psychologically injured as a result of or in consequence of a conflict-related incident;

    (b) someone who provides a substantial amount of care on a regular basis for an individual mentioned in paragraph (a); or

    (c) someone who has been bereaved as a result of or in consequence of a conflict-related incident.

    (2) Without prejudice to the generality of paragraph (1) , an individual may be psychologically injured as a result of or in consequence of—

    (a) witnessing a conflict-related incident or the consequences of such an incident; or

    (b) providing medical or other emergency assistance to an individual in connection with a conflict-related incident.

    The Commissioner

    The Commissioner for Victims and Survivors for Northern Ireland

  4. —(1) There shall be an officer known as the Commissioner for Victims and Survivors for Northern Ireland.

    (2) The Commissioner shall be appointed by the First Minister and deputy First Minister acting jointly.

    (3) The Schedule has effect in relation to the Commissioner.

    (4) This Article shall cease to have effect on such day as the First Minister and deputy First Minister acting jointly may by order appoint.

    (5) An order under paragraph (4) may include such transitional provisions as appear to the First Minister and deputy First Minister to be appropriate.

    (6) No order may be made under paragraph (4) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

    Principal aim of the Commissioner

  5. The principal aim of the Commissioner in exercising his functions under this Order is to promote the interests of victims and survivors.

    Duties of the Commissioner

  6. —(1) The Commissioner shall promote an awareness of matters relating to the interests of victims and survivors and of the need to safeguard those interests.

    (2) The Commissioner shall keep under review the adequacy and effectiveness of law and practice affecting the interests of victims and survivors.

    (3) The Commissioner shall keep under review the adequacy and effectiveness of services provided for victims and survivors by bodies or persons.

    (4) The Commissioner shall advise the Secretary of State, the Executive Committee of the Assembly and any body or person providing services for victims and survivors on matters concerning the interests of victims and survivors—

    (a) as soon as...

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