Citation, commencement and extent

1. —(1) These Regulations may be cited as the Victims’ Payments (Amendment) Regulations 2020 and come into force on 29th May 2020.

(2) Regulations 1 and 2(1) and (3) extend to England and Wales, Scotland and Northern Ireland.

(3) Regulation 2(2) and (4) to (7) extend to Northern Ireland only.

Amendment of Victims’ Payments Regulations 2020

2. —(1)The Victims’ Payments Regulations 2020( 2 ) are amended as follows.

(2) In regulation 5, in paragraph (3), for “14(c)(i)” substitute “14(1)(c)(i) or (5)(c)(i)”.

(3) In regulation 29—

(a) in paragraph (2), for sub-paragraphs (a) to (c) substitute—

“ (2A) A person to whom a notice under this paragraph is given may make a claim to the Board that—

(a) the person is unable to comply with the notice, or

(b) it is not reasonable in all the circumstances to require the person to comply with the notice. ” ;

(b) in paragraphs (3) and (4), for “(3)” substitute “(2A)”.

(4) In regulation 34, in paragraph (1), after sub-paragraph (f) insert—

“ (g) a determination made or varied under regulation 43(6)(b). ” .

(5) In regulation 36—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “34(1)” substitute “34(1)(a) to (f)”;

(ii) in sub-paragraphs (d) and (e), for “application” substitute “appeal”;

(b) after paragraph (1) insert—

“ (1A) On an appeal under regulation 34(1)(g), where the determination reviewed under regulation 43 was a determination—

(a) under regulation 10(4), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under paragraph 34(1)(a);

(b) under regulation 12(3)(b), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(b);

(c) under regulation 12(3)(c), the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(c);

(d) of the amount of victims’ payments payable to a person, the appeal is, for the purposes of paragraph (1), to be treated as an appeal under regulation 34(1)(f). ”

(6) In regulation 43, in paragraph (7), for “determination of an appeal” substitute “review of a determination”.

(7) In regulation 49, in paragraph (3), after “reason of mental disorder,” insert “is incapable”.