Victims and Prisoners Act 2024
2024 Chapter 21
An Act to make provision about victims of criminal conduct and others affected by criminal conduct; about the appointment and functions of advocates for victims of major incidents; for an infected blood compensation scheme; about the release of prisoners; about the membership and functions of the Parole Board; to prohibit certain prisoners from forming a marriage or civil partnership; and for connected purposes.
[24th May 2024]
Be it enacted by the King’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) In this Part, “victim” means a person who has suffered harm as a direct result of—
(a) being subjected to criminal conduct, or
(b) one or more of the circumstances mentioned in subsection (2).
(2) The circumstances are—
(a) where the person has seen, heard, or otherwise directly experienced the effects of, criminal conduct at the time the conduct occurred;
(b) where the person’s birth was the direct result of criminal conduct;
(c) where the death of a close family member of the person was the direct result of criminal conduct;
(d) where the person is a child who is a victim of domestic abuse which constitutes criminal conduct.
(3) The reference in subsection (2)(d) to a child who is a victim of domestic abuse is to be read in accordance with Part 1 of the Domestic Abuse Act 2021.
(4) For the purposes of this Part—
(a) “harm” includes physical, mental or emotional harm and economic loss;
(b) “criminal conduct” means conduct which constitutes an offence.
(5) It is immaterial for the purposes of subsection (4)(b) that—
(a) no person has reported the offence;
(b) no person has been charged with or convicted of the offence.
(6) In section 52(3)(a) of the Domestic Violence, Crime and Victims Act 2004, for “complaint has been made about” substitute “person has reported”.
(1) The Secretary of State must issue a code of practice as to the services to be provided to victims by persons appearing to the Secretary of State to have functions of a public nature relating to—
(a) victims, or
(b) any aspect of the criminal justice system.
(2) In this Part, the “victims’ code” means the code of practice issued under this section that is for the time being in operation (but see subsection (13)).
(3) The victims’ code must make provision for services which reflect the principles that victims require—
(a) information to help them understand the criminal justice process;
(b) access to services which support them (including, where appropriate, specialist services);
(c) the opportunity to make their views heard in the criminal justice process;
(d) the ability to challenge decisions which have a direct impact on them.
(3A) The victims’ code must make provision about informing victims of the opportunity to ask the Attorney General to refer a case to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (unduly lenient sentences).
(3B) Subsection (3A) applies only in respect of—
(a) a person who is a victim by virtue of section 1(1)(a) or (2)(c), and
(b) cases relating to the criminal conduct as a result of which that person is such a victim.
(4) The Secretary of State may by regulations make further provision about the victims’ code, including about matters that the code must include.
(5) But the Secretary of State may make regulations under subsection (4) only if satisfied that provision made in the code in compliance with the regulations would not result in—
(a) a significant reduction in the quality or extent of the services provided in accordance with the victims’ code, or
(b) a significant restriction in the description of persons to whom services are provided in accordance with the victims’ code.
(6) The victims’ code may restrict the application of its provisions to—
(a) victims of specified descriptions (including those who are victims by virtue of specified conduct or conduct constituting specified offences);
(b) specified persons who have functions of a kind mentioned in subsection (1).
(7) The victims’ code may include provision requiring or permitting the services which are to be provided to a victim to be provided to one or more other persons—
(a) instead of the victim (for example, where the victim has died);
(b) as well as the victim.
(8) The victims’ code may make different provision for different purposes, including different provision for—
(a) victims of different descriptions;
(b) persons who have different functions of a kind mentioned in subsection (1).
(9) The victims’ code may make different provision for different areas.
(10) In considering whether to exercise the power in subsection (8)(a), the Secretary of State must have regard to the particular needs of victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.
(11) The victims’ code may not require anything to be done by—
(a) a person acting in a judicial capacity, or on the instructions of or on behalf of such a person;
(b) a person acting in the discharge of a prosecution function, if that function involves the exercise of a discretion.
(12) In this section, “specified” means specified in the victims’ code.
(13) Until the first code of practice issued under this section is in operation, references in subsection (3A) and sections 5 to 12 and 32 to the “victims’ code” are to the code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 that is for the time being in operation.
(1) Where the victims’ code makes provision about a service to be provided to victims by a person, the person must provide the service in accordance with the code unless the person has good reasons not to.
(2) Any person who is subject to the duty in subsection (1) and is not an individual must ensure that procedures are in place by which other persons may complain about an alleged failure to comply with the duty.
(3) If a person fails to act in accordance with the victims’ code, the failure does not of itself make that person liable to criminal or civil proceedings.
(4) But the victims’ code is admissible in evidence in criminal or civil proceedings, and a court may take into account a failure to act in accordance with the code in determining a question in the proceedings.
(1) The Secretary of State must issue guidance about specified victim support roles performed—
(a) in England, and
(b) subject to subsection (2), in Wales.
(2) Guidance under this section must not relate to a matter provision about which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown imposed under Schedule 7B to the Government of Wales Act 2006).
(3) In this section—
“specified” means specified in regulations made by the Secretary of State;
“victim support role” means a role performed by individuals which involves the provision of support to victims of criminal conduct (where the support relates to that conduct).
(4) A victim support role may be specified by reference to (among other matters)—
(a) the circumstances in which the role is performed;
(b) the type of support provided in connection with the role;
(c) the type of criminal conduct in relation to which such support is provided.
(5) Guidance under this section about a victim support role must include provision about—
(a) the support provided in connection with the role;
(b) training and qualifications for individuals who perform the role;
(c) how individuals who perform the role, and other persons who have functions relating to victims or any aspect of the criminal justice system, work together.
(6) Guidance under this section must (where relevant) make provision in relation to victims who are under the age of 18 or who have protected characteristics within the meaning of the Equality Act 2010.
(7) Any person who has functions of a public nature relating to victims, or any aspect of the criminal justice system, must have regard to guidance under this section where—
(a) the person is exercising such a function, and
(b) the guidance is relevant to the exercise of that function.
(8) Subsection (7) does not apply to—
(a) anything done by any person acting in a judicial capacity, or on the instructions of or on behalf of such a person;
(b) a devolved Welsh authority, within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
17 Disclosures by victims that cannot be precluded by agreement
(1) A provision in an agreement is void in so far as it purports to preclude the making of a disclosure falling within subsection (2).
(2) A disclosure falls within this subsection if it is a disclosure of information that is made by a victim or a person who reasonably believes they are a victim—
(a) to any person who has law enforcement functions, for the purpose of those functions being exercised in relation to relevant conduct;
(b) to a qualified lawyer, for the purpose of seeking legal advice about relevant conduct;
(c) to any individual who is entitled to practise a regulated profession, for the purpose of obtaining professional support in relation to relevant conduct;
(d) to any individual who provides a service to support victims, for the purpose of obtaining support from that service in relation to relevant conduct;
(e) to a regulator of a regulated profession for the purpose of co-operating with the regulator in relation to relevant conduct;
(ea) to the Criminal Injuries Compensation Authority, for the purpose of a claim for compensation in relation to relevant conduct under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme;
(eb) to a court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a decision of the Criminal Injuries Compensation Authority made in connection with a claim mentioned in paragraph (ea);
(f) to a person who is authorised to receive information on behalf of a person mentioned in paragraph (a), (b), (c), (d) , (e) or (ea), or on behalf of a court or tribunal mentioned in paragraph (eb), for the purpose mentioned in the paragraph in question;
(g) to a child, parent or partner of the person making the disclosure, for the purpose of obtaining support in relation to relevant conduct.
(3) But a provision in an agreement is not void by virtue of subsection (1) so far as it purports to preclude a disclosure made for the primary purpose of releasing the information into the public domain.
(4) The Secretary of State may by regulations amend this section—
(a) to add, remove or modify a description of disclosure in relation to which subsection (1) applies (“a permitted disclosure”);
(b) to extend the application of subsection (1) to a provision in an agreement which purports to impose an obligation or liability in connection with a permitted disclosure.
(5) But regulations under subsection (4)(a) must not make any provision which would apply subsection (1) in relation to a disclosure—
(a) made by a person other than a victim or a person who reasonably believes they are a victim, or
(b) that does not relate to relevant conduct.
(6) In this section—
“Criminal Injuries Compensation Scheme” means—
the schemes established by arrangements made under section 1 of the Criminal Injuries Compensation Act 1995, or
arrangements made by the Secretary of State for compensation for criminal injuries in operation before the commencement of those schemes;
“entitled to practise”, in relation to a regulated profession, is to be read in accordance with section 19(2) of the Professional Qualifications Act 2022;
“law enforcement functions” means functions for the purposes of the investigation or prosecution of criminal offences or the execution of criminal penalties;
“partner”: a person is a “partner” of another person if they are married to each other, in a civil partnership with each other or in an intimate personal relationship with each other which is of significant duration;
“qualified lawyer” means a person who is an authorised person in relation to a reserved legal activity for the purposes of the Legal Services Act 2007 or a person who is a registered foreign lawyer;
“registered foreign lawyer” means a person who is registered with the Law Society under section 89 of the Courts and Legal Services Act 1990;
“regulated profession” and “regulator” have the same meanings as in the Professional Qualifications Act 2022 (see section 19 of that Act);
“relevant conduct” means conduct by virtue of which the person making the disclosure is or reasonably believes they are a victim (see section 1(1) and (2) of this Act);
“Victims of Overseas Terrorism Compensation Scheme” means the scheme established by arrangements made under section 47 of the Crime and Security Act 2010.
(1) The Domestic Violence, Crime and Victims Act 2004 is amended in accordance with subsections (2) to (4).
(2) After section 8 insert—
Domestic abuse related death reviews
Establishment and conduct of reviews
8A (1) In this section “domestic abuse related death review” means a review of the circumstances of the death of a person which is held—
(a) where the death has, or appears to have, resulted from domestic abuse towards the person within the meaning of the Domestic Abuse Act 2021, and
(b) with a view to identifying the lessons to be learned from the death.
(2) The Secretary of State may in a particular case direct a specified person or body within subsection (6) to establish, or to participate in, a domestic abuse related death review.
(3) It is the duty of any person or body within subsection (6) establishing or participating in a domestic abuse related death review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance issued by the Secretary of State as to the establishment and conduct of such reviews.
(4) A person or body within subsection (6) that establishes a domestic abuse related death review (whether or not held pursuant to a direction under subsection (2)) must send a copy of any report setting out the conclusions of the review to the Secretary of State and the Domestic Abuse Commissioner.
(5) The copy must be sent as soon as reasonably practicable after the report is completed.
(6) The persons and bodies within this subsection are—
chief officers of police for police areas in England and Wales;
local authorities;
NHS England;
integrated care boards established under section 14Z25 of the National Health Service Act 2006;
providers of probation services;
Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;
NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.
(7) In subsection (6) “local authority” means—
(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;
(b) in relation to Wales, the council of a county or county borough.
(8) The Secretary of State may by order amend subsection (6) or (7).
(3) In section 9 (establishment and conduct of domestic homicide reviews)—
(a) in each of subsections (2) and (3)—
(i) for “Secretary of State” substitute “Department of Justice in Northern Ireland”;
(ii) for “(4)” substitute “(4)(b)”;
(b) omit subsections (3A), (3B), (3C), (4)(a), (5) and (6).
(4) In section 61 (orders), in subsection (3), for “9(6)” substitute “8A(8)”.
(5) In section 26 of the Police, Crime, Sentencing and Courts Act 2022 (relationship of offensive weapons homicide reviews with other review requirements), in subsection (1)(b)—
(a) after “of a” insert “domestic abuse related death review or”;
(b) for “section” substitute “sections 8A and”.
(1) The Domestic Abuse Act 2021 is amended as follows.
(2) After section 49 insert—
Notifying schools etc if child is suspected victim of domestic abuse
Arrangements to notify schools etc
49A (1) A chief officer of police of a police force maintained for a police area must ensure that arrangements are in place to secure the objective in subsection (2).
(2) The objective is that, if a member of the force has reasonable grounds to believe that a child who resides in the police area may be a victim of domestic abuse, any relevant educational establishment is notified as soon as is reasonably practicable except in such circumstances as may be specified in regulations made by the Secretary of State.
(3) For the purposes of this section, each of the following is a relevant educational establishment in relation to a child—
(a) a school at which the child is a registered pupil;
(b) if the child is not a registered pupil at a school—
(i) if the child is receiving education at only one educational establishment, that establishment;
(ii) if the child is receiving education at more than one educational establishment, such one or more of those establishments as is determined in accordance with the arrangements in place under subsection (1) for the police area in which the child resides.
(4) In this section—
“child” means a person under the age of 18 years;
“educational establishment” means—
a school in England or Wales;
an institution within the further education sector, within the meaning given by section 91(3) of the Further and Higher Education Act 1992;
in relation to England, a 16 to 19 Academy, within the meaning given by section 1B of the Academies Act 2010;
“registered pupil”, in relation to a school, has the meaning given by section 434 of the Education Act 1996;
“school” has the meaning given by section 4 of the Education Act 1996.
Power to extend section 49A to childcare providers
49B (1) The Secretary of State may by regulations amend section 49A so that the objective in subsection (2) of that section applies in relation to childcare providers, or childcare providers of particular descriptions, as it applies in relation to relevant educational establishments.
(2) In this section—
“childcare”—
in relation to England, has the meaning given by section 18 of the Childcare Act 2006;
in relation to Wales, means anything that amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (see section 19(2) to (5) of that Measure);
“childcare provider” means—
in relation to England, a person who provides childcare—
in respect of which the person is registered under Part 3 of the Childcare Act 2006,
in respect of which the person would, but for section 34(2) or 53(2) of that Act, be required to be registered under Chapter 2 or 3 of Part 3 of that Act, or
in respect of which the person would, but for section 63(3) of that Act, be able to be registered under Chapter 4 of Part 3 of that Act;
in relation to Wales, a person who provides childcare in respect of which the person is registered under Part 2 of the Children and Families (Wales) Measure 2010.
(3) In the italic heading before section 50, for “and orders” substitute “, orders and notification arrangements”.
(4) In section 56 (interpretation of Part 3), in subsection (4), after paragraph (b) insert—
(c) section 3 (children as victims of domestic abuse).
(5) In section 87 (regulations), in subsection (6), after paragraph (a) insert—
(aa) regulations under section 49B,
.
21 Victim impact statements to mental health tribunals (restricted patients)
(1) Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 (victims’ rights to make representations and receive information) is amended as follows.
(2) In section 37(8)(c)(i), for “that area” substitute “that local probation board”.
(3) After section 37 insert—
Victim impact statements where restriction order made
37ZA (1) This section applies if, in a case where section 37 applies, an application or reference mentioned in subsection (5) of that section is made to the First-tier Tribunal or the Mental Health Review Tribunal for Wales.
(2) The relevant probation body—
(a) must take all reasonable steps to ascertain whether a person who appears to the body to be the victim of the offence or to act for the victim of the offence wishes to provide a victim impact statement to the body, and
(b) if the person provides such a statement, must forward it to the tribunal.
(3) Where a victim impact statement has been forwarded to the tribunal under subsection (2), the tribunal must—
(a) allow the person who made the statement to request permission to read the statement to the tribunal at a relevant hearing, and
(b) grant such permission unless the tribunal considers that there are good reasons not to.
(4) The tribunal may have regard to the statement when determining a matter specified in section 36(5)(a) or (b) (but must not have regard to it for any other purpose).
(5) In this section—
“relevant hearing” means any hearing held by the tribunal before making a decision which disposes of proceedings on the application or reference mentioned in subsection (1);
“the relevant probation body” has the meaning given in section 37(8);
“victim impact statement” means a statement about the way in which, and degree to which, the offence has affected and (as the case may be) continues to affect the victim or any other person.
(1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
(2) In section 49 (functions of Commissioner for Victims and Witnesses)—
(a) in subsection (1)(c), for “section 32” substitute “section 2 of the Victims and Prisoners Act 2024, including the extent to which the duty in section 5(1) of that Act (duty to provide services in accordance with the code) is being complied with”;
(b) in subsection (2)(c), after “remit” insert “(whether or not made by way of inclusion in a report prepared under paragraph (b) or subsection (4))”;
(c) after subsection (4) insert—
(4A) A report prepared under subsection (2)(b) or (4) may include provision making recommendations to any authority within the Commissioner’s remit.
;
(d) after subsection (5) insert—
(5A) The Commissioner must arrange for each report prepared under subsection (4) to be laid before Parliament.
(3) After section 49 insert—
Duty to respond to Commissioner’s recommendations
49A (1) This section applies where the Commissioner publishes a report under section 49(2)(b) or (4) containing recommendations to an authority within the Commissioner’s remit.
(2) The relevant person must prepare comments on the report.
(3) The relevant person is—
(a) where the authority is a government department in the charge of a Minister of the Crown, the Minister, or
(b) in any other case, the authority.
(4) The comments must include, in respect of each recommendation made in the report, an explanation of—
(a) the action which the relevant person has taken, or proposes to take, in response to the recommendation, or
(b) why the relevant person has not taken, or does not propose to take, any action in response.
(5) The relevant person must arrange for the comments to be published in such manner as the person considers appropriate.
(6) The comments must be published before the end of the period of 56 days beginning with the day on which the report is published.
(7) The relevant person must send a copy of anything published under subsection (6) to—
(a) the Commissioner, and
(b) (unless the authority is a government department in the charge of a Minister of the Crown) the Secretary of State.
(4) After section 51 insert—
Duty to co-operate with Commissioner
51A (1) The Commissioner may request a relevant person to co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.
(2) A relevant person must comply with a request made to the person under this section, so far as it is appropriate and reasonably practicable for the person to do so.
(3) In this section “relevant person” means a person who is not an individual and is subject to the duty in section 5(1) of the Victims and Prisoners Act 2024 (duty to provide services in accordance with the code issued under section 2 of that Act).
(5) In Schedule 9 (authorities within Commissioner’s remit)—
(a) for paragraphs 1VA to 8B substitute—
1 A government department in the charge of a Minister of the Crown.
;
(b) after paragraph 11 insert—
11A A local policing body.
;
(c) after paragraph 16 insert—
16A His Majesty’s Inspectors of Constabulary.
;
(d) after paragraph 29 insert—
29A His Majesty's Chief Inspector of the Crown Prosecution Service.
29B His Majesty’s Chief Inspector of Prisons.
29C His Majesty’s Inspectorate of Probation for England and Wales.
(1) Schedule A1 to the Prison Act 1952 (further provision about Chief Inspector) is amended as follows.
(2) In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—
(ia) the Commissioner for Victims and Witnesses, and
.
(3) In paragraph 5 (joint action), after sub-paragraph (6) insert—
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
(1) Schedule 4A to the Police Act 1996 (further provision about inspectors of constabulary) is amended as follows.
(2) In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—
(ia) the Commissioner for Victims and Witnesses, and
.
(3) In paragraph 5 (joint action), after sub-paragraph (6) insert—
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
25 His Majesty’s Chief Inspector of the Crown Prosecution Service
(1) The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Chief Inspector) is amended as follows.
(2) In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—
(ia) the Commissioner for Victims and Witnesses, and
.
(3) In paragraph 5 (joint action), after sub-paragraph (6) insert—
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
26 His Majesty’s Chief Inspector of Probation for England and Wales
(1) Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the inspectorate) is amended as follows.
(2) In paragraph 2 (inspection programmes and frameworks), in sub-paragraph (2), omit the “and” at the end of paragraph (i) and insert—
(ia) the Commissioner for Victims and Witnesses, and
.
(3) In paragraph 5 (joint action), after sub-paragraph (6) insert—
(7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims.
(8) In sub-paragraph (7)—
“specified” means specified in the direction;
“victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
(1) The Parliamentary Commissioner Act 1967 is amended as follows.
(2) Section 5 (matters subject to investigation) is amended in accordance with subsections (3) to (5).
(3) In subsection (1)—
(a) for paragraph (a) substitute—
(a) a written complaint is duly made by a member of the public, who claims to have sustained injustice in consequence of maladministration in connection with the action so taken, to—
(i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or
(ii) in any other case, a member of the House of Commons, and
;
(b) in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.
(4) In subsection (1A)—
(a) for paragraph (a) substitute—
(a) a written complaint is duly made by a member of the public, who claims that a person has failed to perform a relevant duty owed by that person to the member of the public, to—
(i) the Commissioner, if the complaint relates to the complainant’s experience as a victim, or
(ii) in any other case, a member of the House of Commons, and
;
(b) in paragraph (b), at the beginning insert “in a case falling within paragraph (a)(ii),”.
(5) After subsection (9A) insert—
(9B) In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
(6) Section 6 (provisions relating to complaints) is amended in accordance with subsections (7) to (10).
(7) After subsection (1A) insert—
(1B) A complaint under section 5(1)(a)(i) or (1A)(a)(i) may also be made by a person who is authorised to act on behalf of the person aggrieved.
(8) In subsection (2), for the words from “for himself” to the end substitute “or, where subsection (1B) applies, to authorise another person to act, the complaint may be made by the person’s personal representative, or by a member of the person’s family, or by another individual suitable to represent the person.”
(9) After subsection (2) insert—
(2A) Except as provided by subsections (1B) and (2), a complaint may not be entertained under this Act unless made by the person aggrieved.
(10) In subsection (3), omit “to a member of the House of Commons”.
(11) Section 10 (Commissioner’s reports) is amended in accordance with subsections (12) to (14).
(12) In subsection (1)—
(a) for “under this Act” substitute “pursuant to a complaint made to a member of the House of Commons under section 5(1)(a)(ii) or (1A)(a)(ii),”;
(b) for “the House of Commons” substitute “that House”.
(13) After subsection (1) insert—
(1A) In any case where the Commissioner conducts an investigation pursuant to a complaint made to the Commissioner under section 5(1)(a)(i) or (1A)(a)(i), or decides not to conduct such an investigation, the Commissioner—
(a) must send to the person who made the complaint a report of the results of the investigation or, as the case may be, a statement of the Commissioner’s reasons for not conducting an investigation, and
(b) may, with the consent of the person who made the complaint, send the report or statement to such member of the House of Commons as the Commissioner considers appropriate.
(1B) References in subsection (1A) to the person who made the complaint are, in a case where the complaint is made by a person authorised to act on behalf of the person aggrieved (see section 6(1B)), to that authorised person.
(14) In subsection (5)(d), after “subsection” insert “(1A),”.
In Part 2 of the Police, Crime, Sentencing and Courts Act 2022 (prevention, investigation and prosecution of crime), after Chapter 3 insert—
Chapter 3A Requests for information relating to victims
Requests for information relating to victims
44A (1) A victim information request must be made in accordance with this Chapter.
(2) In this Chapter, a “victim information request” means a request by an authorised person to another person to provide information which relates to a third person who the authorised person has reason to believe is or may be—
(a) a victim, or
(b) at risk of being a victim.
(3) A victim information request may be made only if the authorised person—
(a) has reason to believe that the person to whom the request is made holds the information sought,
(b) has reason to believe that the information sought is relevant to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, and
(c) is satisfied that the request is necessary and proportionate to achieve the purpose of preventing, detecting, investigating or prosecuting crime.
(4) A counselling information request may be made only if the authorised person has reason to believe that the information sought is likely to have substantial probative value to a reasonable line of enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person.
(5) For the purposes of subsection (4), a “counselling information request” means a victim information request to a person who provides counselling services of a description specified in regulations made by the Secretary of State by statutory instrument.
(6) The reference in subsection (3)(c) to crime is a reference to―
(a) conduct which constitutes one or more criminal offences in England and Wales, or
(b) conduct which, if it took place in England and Wales, would constitute one or more criminal offences.
(7) Subsection (8) applies if the authorised person thinks that, in making the request, there is a risk of obtaining information other than information necessary to achieve a purpose within subsection (3)(c).
(8) The authorised person must, to be satisfied that the request is proportionate, be satisfied that—
(a) there are no other means of obtaining the information sought, or
(b) there are such other means, but it is not reasonably practicable to use them.
(9) In making a victim information request or deciding whether to make such a request (including giving notice under section 44B or deciding whether to give such notice) an authorised person must have regard to the code of practice for the time being in force under section 44D.
(10) In this section “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024.
(11) This section is subject to sections 44B (notice requirements for victim information requests) and 44C (content of victim information requests).
(12) A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
Notice requirements for victim information requests
44B (1) The authorised person must (subject to subsection (5)) give notice of a victim information request to the person to whom the information sought relates (“V”).
(2) Notice under this section must be in writing—
(a) specifying or describing the information sought by the victim information request,
(b) specifying the reason why the information is sought, and
(c) specifying how the information will be dealt with once it has been obtained.
(3) Notice under this section must be given—
(a) on or before the date on which the victim information request is made, or
(b) if that is not reasonably practicable, as soon as is reasonably practicable after that date.
(4) If V is a child or an adult without capacity, notice under this section is given to V by giving it to—
(a) a parent or guardian of V or, if V is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or
(b) if no person described in paragraph (a) is available, any adult who the authorised person considers appropriate.
(5) The authorised person need not give notice under this section, or specify a particular matter when giving notice, if the authorised person considers that doing so―
(a) is not reasonably practicable in the circumstances,
(b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or
(c) might risk causing serious harm to V or another person.
(6) In this section―
“adult” means a person aged 18 or over;
“adult without capacity” means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;
“child” means a person aged under 18;
“harm” includes physical, mental or emotional harm and economic loss;
“relevant authority”—
in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;
in relation to Wales, means a county council or a county borough council;
“voluntary organisation” means a body (other than a public authority) whose activities are not carried on for profit.
Content of victim information requests
44C (1) A victim information request must be in writing―
(a) specifying or describing the information sought,
(b) specifying the reason why the information is sought, and
(c) specifying how the information will be dealt with once it has been obtained.
(2) The authorised person need not specify the matters mentioned in subsection (1)(b) or (c) if the authorised person considers that doing so―
(a) is not reasonably practicable in the circumstances,
(b) might interfere with the investigation or enquiry for which the information is sought or any other investigation or enquiry which is being pursued, or is to be pursued, by the authorised person or another authorised person, or
(c) might risk causing serious harm to the person to whom the information sought relates or another person.
Code of practice
44D (1) The Secretary of State must prepare a code of practice for authorised persons about victim information requests and compliance with this Chapter.
(2) The code must in particular—
(a) provide that an authorised person must, when considering whether they are satisfied as required by paragraph (c) of section 44A(3) in relation to a counselling information request, start from the presumption that the request is not necessary and proportionate to achieve a purpose in that paragraph, and
(b) set out the steps that must be taken by an authorised person when deciding whether that presumption is rebutted.
(3) For the purposes of subsection (2), a “counselling information request” has the meaning given by section 44A(5).
(4) The code may make different provision for different purposes or areas.
(5) In preparing the code, the Secretary of State must consult―
(a) the Information Commissioner,
(b) the Commissioner for Victims and Witnesses,
(c) the Domestic Abuse Commissioner, and
(d) such other persons as the Secretary of State considers appropriate.
(6) After preparing the code, the Secretary of State must lay it before Parliament and publish it.
(7) The code is to be brought into force by regulations made by statutory instrument.
(8) A statutory instrument containing regulations under subsection (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) After the code has come into force the Secretary of State may from time to time revise it.
(10) A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
(11) But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
(12) References in subsections (2) to (11) to the code include a revised code, subject to subsection (13).
(13) The duty to consult in subsection (5) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.
Authorised persons
44E (1) In this Chapter, each of the following is an “authorised person”—
(a) a constable of a police force in England and Wales;
(b) a member of staff appointed by the chief officer of police of a police force in England and Wales;
(c) an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police;
(d) a constable of the British Transport Police Force;
(e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003;
(f) a constable of the Ministry of Defence police;
(g) a National Crime Agency officer;
(h) a person designated by the Director General of the Independent Office for Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform Act 2002;
(i) a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in any of paragraphs (a) to (h).
(2) The Secretary of State may by regulations made by statutory instrument amend subsection (1)—
(a) so as to add a reference to a person;
(b) so as to remove a reference to a person;
(c) so as to modify a description of a person mentioned.
(3) Regulations under subsection (2) may contain transitional, transitory or saving provision.
(4) A statutory instrument containing regulations under subsection (2)(a) or (b) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
29 Information relating to victims: service police etc
After section 44E of the Police, Crime, Sentencing and Courts Act 2022 (inserted by section 28 of this Act), insert—
Application of this Chapter to service police etc
44F (1) This Chapter applies in relation to a person mentioned in subsection (2) as it applies in relation to an authorised person, with the modifications specified in subsections (3) and (4).
(2) The persons are—
(a) a member of the Royal Navy Police, the Royal Military Police or the Royal Air Force Police;
(b) a person designated by the Service Police Complaints Commissioner under regulation 36(2) of the Service Police (Complaints etc) Regulations 2023 (S.I. 2023/624);
(c) a person who has been engaged to provide services consisting of or including the obtaining of information for the purposes of the exercise of functions by a person mentioned in paragraph (a) or (b).
(3) Section 44A applies as if for subsection (6) there were substituted—
(6) The reference in subsection (3)(c) to crime is a reference to conduct which constitutes one or more—
(a) service offences within the meaning of the Armed Forces Act 2006, or
(b) SDA offences within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059).
(4) Section 44B applies as if, in subsection (6)—
(a) for the definition of “adult without capacity” there were substituted—
“adult without capacity”—
in relation to England and Wales, means an adult who, within the meaning of the Mental Capacity Act 2005, lacks capacity in relation to a notice under this section;
in relation to Scotland, means an adult (within the meaning of this section) who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000, in relation to a notice under this section;
in relation to Northern Ireland, means an adult who, within the meaning of the Mental Capacity Act (Northern Ireland) 2016, lacks capacity in relation to a notice under this section;
;
(b) for the definition of “relevant authority” there were substituted—
“relevant authority”—
in relation to England, means a county council, a district council for an area for which there is no county council, a London borough council or the Common Council of the City of London in its capacity as a local authority;
in relation to Wales, means a county council or a county borough council;
in relation to Scotland, means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
in relation to Northern Ireland, means an authority within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));
;
(c) for the definition of “voluntary organisation” there were substituted—
“voluntary organisation”—
in relation to England and Wales, has the same meaning as in the Children Act 1989;
in relation to Scotland, has the same meaning as in Part 2 of the Children (Scotland) Act 1995;
in relation to Northern Ireland, has the same meaning as in the Children (Northern Ireland) Order 1995.
30 Review of provisions relating to counselling information requests
(1) The Secretary of State must prepare a report about the operation in the review period of Chapter 3A of the Police, Crime, Sentencing and Courts Act 2022 (requests for information relating to victims) (inserted by section 28 of this Act) in relation to counselling information requests.
(2) The Secretary of State may discharge the duty in subsection (1) by arranging for another person to prepare a report about those matters.
(3) As soon as is reasonably practicable after the end of the review period, the Secretary of State must—
(a) arrange for the report prepared under subsection (1) (or under arrangements under subsection (2)) to be published, and
(b) lay the report before Parliament.
(4) In this section—
“counselling information request” has the meaning given by section 44A(5) of the Police, Crime, Sentencing and Courts Act 2022;
“review period” means the period of three years beginning with the day on which section 28 of this Act comes into force.
(1) Article 17 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (right to erasure) is amended in accordance with subsections (2) and (3).
(2) In paragraph 1, after point (f) insert—
(g) the personal data have been processed as a result of an allegation about the data subject—
(i) which was made by a person who is a malicious person in relation to the data subject (whether they became such a person before or after the allegation was made),
(ii) which has been investigated by the controller, and
(iii) in relation to which the controller has decided that no further action is to be taken.
(3) After paragraph 3 insert—
4. For the purposes of paragraph (1)(g), a person who has made an allegation about a data subject is a “malicious person” in relation to the data subject if the person—
(a) has been convicted of an offence specified in column 1 of the table in paragraph 5 in relation to which the data subject is a person specified in the corresponding entry in column 2 of that table, or
(b) is subject to a stalking protection order under section 2 of the Stalking Protection Act 2019 or section 8 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) made to protect the data subject from a risk associated with stalking (see section 2(1)(c) of the 2019 Act and section 8(2)(c) of the 2022 Act).
5. The table is as follows—
Offence | Data subject
1. | An offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment: England and Wales) | A person mentioned in section 1(1)(a) or 1(1A)(a) of that Act
2. | An offence under section 2A, 4 or 4A of the Protection from Harassment Act 1997 (other harassment and stalking offences: England and Wales) | The person against whom the offence is committed
3. | An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 2(1)(c) of that Act)
4. | An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in entry 1, 2 or 3 of this table | A person specified in column 2 of the entry in which the corresponding offence is specified
5. | An offence under section 70 of the Army Act 1955 or Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the corresponding civil offence is specified
6. | An offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning of that section) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the civil offence is specified
7. | An offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (stalking offences: Scotland) | The person against whom the offence is committed
8. | An offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking offences: Northern Ireland) | The person against whom the offence is committed
9. | An offence under section 13 of the Protection from Stalking Act (Northern Ireland) 2022 (offence of breaching order: Northern Ireland) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 8(2)(c) of that Act)
10. | An offence under Article 4 or 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (harassment offences: Northern Ireland) | The person against whom the offence is committed
(4) After section 13 of the Data Protection Act 2018 insert—
Meaning of “relevant offence” for purpose of right to erasure
13A (1) The Secretary of State may by regulations amend the table in Article 17(5) of the UK GDPR.
(2) Regulations under this section are subject to the affirmative resolution procedure.
(1) This Part concerns advocates for victims of major incidents.
(2) In this Part, “major incident” means an incident that—
(a) occurs in England or Wales after this section comes into force,
(b) causes the death of, or serious harm to, a significant number of individuals, and
(c) is declared in writing by the Secretary of State to be a major incident for the purposes of this Part.
(3) Before declaring an incident that occurs in Wales to be a major incident, the Secretary of State must consult the Welsh Ministers.
(4) For the purposes of this Part, “harm” includes physical, mental or emotional harm.
(5) In this Part, “victims”, in relation to a major incident, means—
(a) individuals who have suffered harm as a direct result of the incident (whether or not that harm is serious harm), and
(b) close family members or close friends of individuals who have died or suffered serious harm as a direct result of the incident.
(6) In this Part, “advocate” means—
(a) the standing advocate appointed under section 35(1);
(b) an individual appointed as an advocate in respect of a major incident under section 36(1).
(7) But a reference in this Part to an advocate appointed in respect of a major incident includes the standing advocate only if the standing advocate has been appointed in respect of that incident under section 36(1).
(1) The Secretary of State must appoint an individual as the standing advocate for victims of major incidents (in this Part, “the standing advocate”).
(2) The functions of the standing advocate are—
(a) to advise the Secretary of State as to the interests of victims of major incidents, and their treatment by public authorities in response to major incidents;
(b) to advise other advocates as to the exercise of the functions of those advocates;
(c) to make reports in accordance with section 41.
(3) The standing advocate may take such steps as the standing advocate considers are—
(a) appropriate to facilitate the exercise of, or
(b) incidental or conducive to,
the functions of the standing advocate or another advocate.
(4) An individual may be appointed as the standing advocate only if the Secretary of State considers that the individual is qualified, taking into account—
(a) the individual’s academic, professional or other qualifications, experience or skills;
(b) any other matter the Secretary of State considers relevant.
(5) For the purposes of subsection (2)(a), “public authority” includes—
(a) a court, tribunal, coroner, or inquiry panel within the meaning of section 3 of the Inquiries Act 2005, and
(b) any other person certain of whose functions are functions of a public nature,
but does not include the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.
36 Appointment of advocates in respect of major incidents
(1) The Secretary of State may appoint an individual to act as an advocate for victims of a major incident.
(2) Before appointing an advocate in respect of a major incident that occurs in Wales, the Secretary of State must consult the Welsh Ministers.
(3) An individual may be appointed as an advocate in respect of a major incident only if—
(a) the individual is the standing advocate, or
(b) the Secretary of State considers that the individual—
(i) is qualified, and
(ii) is appropriate to appoint in respect of the incident.
(4) An individual may be qualified by virtue of—
(a) their academic, professional or other qualifications, experience or skills;
(b) their relationship with a geographical or other community;
(c) any other matter the Secretary of State considers relevant.
(5) In determining whether an individual is appropriate to appoint as an advocate in respect of a major incident, the Secretary of State may have regard to—
(a) the geographical area in which the incident occurs;
(b) any community affected by the incident;
(c) the relevance of the individual’s qualifications, experience or skills to the incident and the matters in paragraphs (a) and (b);
(d) any other matter the Secretary of State considers relevant.
(1) Subject to the following provisions of this section, an individual is to be appointed as an advocate on terms agreed between the individual and the Secretary of State.
(2) The appointment may be terminated—
(a) by the Secretary of State on such grounds as the Secretary of State considers appropriate;
(b) by the advocate giving notice of their resignation to the Secretary of State;
(c) otherwise in accordance with the terms of the advocate’s appointment.
(3) The Secretary of State may pay to or in respect of an advocate—
(a) such remuneration as the Secretary of State considers appropriate;
(b) reasonable costs incurred by the advocate in connection with the exercise of their functions, including those incurred in connection with proceedings relating to the exercise (or purported exercise) of those functions;
(c) such other sums by way of allowances or gratuities as the Secretary of State considers appropriate.
(4) The Secretary of State may make provision for an advocate to have secretarial or other support in connection with the exercise of their functions.
(5) An advocate is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
38 Appointment of more than one advocate in respect of same major incident
(1) This section applies where the Secretary of State appoints more than one advocate in respect of the same major incident.
(2) The Secretary of State must appoint one of the advocates as the lead advocate in respect of that incident.
(3) An advocate appointed in respect of the incident must have regard to any directions given by the lead advocate as to how they are to exercise their functions in respect of the incident.
39 Functions of advocates appointed in respect of major incidents
(1) This section applies where an advocate is appointed in respect of a major incident.
(2) Where more than one advocate is appointed in respect of the incident, references in this section to “the advocate” are to each advocate individually and any number of them (including all of them) acting jointly.
(3) Subject to the terms of their appointment, the advocate may provide such support to victims of the incident as the advocate considers appropriate in relation to—
(a) the aftermath of the incident;
(b) an investigation by a public authority into the incident;
(c) an inquest under the Coroners and Justice Act 2009 into a death the incident may have caused or contributed to;
(d) an inquiry into the incident under the Inquiries Act 2005.
(4) The support provided under subsection (3) may include, for example—
(a) helping victims understand the actions of public authorities in relation to the incident, and how the views of victims may be taken into account;
(b) informing victims about other sources of support and advice, and services, that may be available in connection with the incident;
(c) communicating with public authorities on behalf of victims in relation to the incident;
(d) assisting victims to access documents or other information in relation to an investigation, inquest or inquiry referred to in subsection (3) (to the extent that victims are, or a particular victim is, entitled to such access).
(5) The advocate may provide support to victims by providing support to such persons as the advocate considers represent one or more victims, including where those persons are not victims themselves.
(6) Where the advocate provides support to victims under the age of 18, the advocate may do so only by providing support to such persons as the advocate considers represent those victims.
(7) A person may not represent victims for the purposes of this Part if the person—
(a) is an individual under the age of 18, or
(b) would, in representing victims, carry on a legal activity.
(8) The advocate may not, in supporting victims—
(a) carry on a legal activity;
(b) provide financial support to any person;
(c) provide health care to any person.
(9) Nothing in this Part confers a right on any person to require the advocate to provide support, or support of a particular type, to that person or any other person.
(10) In this section—
“health care” includes all forms of health care, whether relating to physical or mental health;
“legal activity” has the meaning given by section 12(3) of the Legal Services Act 2007;
“public authority” has the same meaning as in section 35(2)(a) (see section 35(5)).
40 Role of advocates under Part 1 of the Coroners and Justice Act 2009
In section 47(2) of the Coroners and Justice Act 2009 (interested persons in relation to a deceased person or investigation or inquest into a death), after paragraph (ka) insert—
(kb) where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased—
(i) each advocate that has been appointed under that section in respect of that incident, and
(ii) the standing advocate appointed under section 35(1) of that Act;
.
(1) The standing advocate must, in respect of each calendar year, report to the Secretary of State as to—
(a) the exercise of the standing advocate’s functions in that year;
(b) such matters as the Secretary of State may require in writing;
(c) such other matters as the standing advocate considers relevant to their functions or the functions of another advocate.
(2) A report under subsection (1) must be made by 1 July in the calendar year following the year in respect of which the report is made.
(3) If the Secretary of State gives notice under subsection (4) to an advocate, the advocate must report to the Secretary of State—
(a) if specified in the notice, the advocate’s opinions as to the treatment of victims in the course of an investigation, inquest or inquiry referred to in section 39(3);
(b) such other matters relating to the advocate’s exercise of their functions as the Secretary of State specifies in the notice.
(4) A notice under this subsection must specify—
(a) that the Secretary of State requires a report under subsection (3);
(b) the matters the Secretary of State requires the report to address.
(5) The notice may require the advocate to report within such reasonable period as may be specified in the notice (or such other period as may be agreed).
(6) A report made under subsection (3) may include any matters the advocate considers relevant to—
(a) a major incident in respect of which they are appointed, or
(b) in the case of the standing advocate, any major incident,
whether or not the matters have been specified in a notice under subsection (4).
(7) An advocate may, at their discretion and at any time, report to the Secretary of State such matters as the advocate considers relevant to—
(a) a major incident in respect of which they are appointed, or
(b) in the case of the standing advocate, any major incident.
(8) If more than one advocate has been appointed in respect of the same major incident—
(a) the Secretary of State may give notice under subsection (4) in relation to the incident only to the lead advocate;
(b) only the lead advocate may make a report under subsection (7) in relation to the incident.
(1) The Secretary of State must publish a copy of a report made under section 41 if—
(a) it is made by the standing advocate under section 41(1) (annual reports),
(b) it is made by an advocate under section 41(3) (reports required by the Secretary of State), or
(c) it is made by an advocate under section 41(7) (reports at discretion of advocate), and the advocate making the report requests in writing that the report is published.
(2) The copy may be published in such manner as the Secretary of State thinks fit.
(3) But material may be omitted from the copy if the Secretary of State considers that the publication of that material would—
(a) risk death or injury to any person,
(b) risk damage to national security or international relations,
(c) risk damage to the economic interests of the United Kingdom or of any part of the United Kingdom,
(d) risk damage caused by disclosure of commercially sensitive information,
(e) breach any conditions as to confidentiality subject to which the advocate making the report acquired the material,
(f) contravene the data protection legislation (within the meaning given by section 3 of the Data Protection Act 2018), or
(g) prejudice—
(i) the investigation or prosecution of an offence,
(ii) an inquiry under the Inquiries Act 2005,
(iii) an inquest under the Coroners and Justice Act 2009, or
(iv) any other investigation or inquiry by a person exercising functions of a public nature.
(4) The Secretary of State must lay a copy of a report as published under this section before Parliament.
(1) An advocate may, to the extent the advocate considers appropriate, share information received in the exercise of their functions with—
(a) the standing advocate;
(b) any other advocate appointed in respect of the same major incident;
(c) the Secretary of State;
(d) any other person exercising functions of a public nature;
(e) a victim of a major incident in respect of which the advocate is appointed.
(2) A person exercising functions of a public nature may share such information as the person considers appropriate with an advocate for the purposes of the advocate exercising their functions.
(3) An advocate may use information received in the exercise of their functions only for the purpose of exercising their functions.
(4) The information referred to in this section may comprise or include personal data.
(5) This section does not limit the circumstances in which information may be disclosed apart from this Part.
(6) Except as provided by subsection (7), a disclosure of information under this Part does not breach—
(a) any obligation of confidence owed by the person disclosing the information, or
(b) any other restriction on the disclosure of information (however imposed).
(7) Nothing in this Part requires or authorises the processing of information if the processing would contravene the data protection legislation (but, in determining whether it would do so, the powers conferred by this Part are to be taken into account).
(8) In this section, “personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.
(1) The Secretary of State may issue guidance as to the matters to which an advocate appointed in respect of a major incident must have regard in exercising their functions.
(2) Guidance under this section—
(a) must not be directed at any specific advocate or relate to a specific major incident;
(b) may be withdrawn or revised at any time.
(3) An advocate appointed in respect of a major incident must, to the extent relevant to the terms of their appointment and to the incident in respect of which they are appointed, have regard to the matters stated in guidance under this section.
(1) In paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), in Part 2 of the Table, at the appropriate place insert—
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
(2) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
(3) In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying from membership of the House of Commons), in Part 3, at the appropriate place insert—
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
(4) In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6, at the appropriate place insert—
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
(5) In Schedule 19 to the Equality Act 2010 (public authorities), in Part 1, after “A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.” insert—
Advocates for victims of major incidents
An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.
(1) The Secretary of State must, as soon as reasonably practicable after the end of the review period—
(a) prepare and publish a report about the operation in the review period of this Part, and
(b) lay the report before Parliament.
(2) The “review period” is the period of 18 months beginning with the day on which the power in section 36(1) (appointment of advocate in respect of major incident) is first exercised.
(1) A body corporate called the Infected Blood Compensation Authority is established.
(2) In this Part that body is referred to as “the IBCA”.
(3) Schedule 1 contains further provision about the IBCA.
(1) The Secretary of State or the Minister for the Cabinet Office must by regulations within three months of the passing of this Act establish a scheme (the “infected blood compensation scheme”) for making payments to eligible persons.
(2) “Eligible persons” means such persons within subsection (3) as the regulations provide are to be eligible persons.
(3) The persons within this subsection are persons who—
(a) have been infected as a result of being treated with blood, blood products or tissue,
(b) have been infected as a result of another person being treated with blood, blood products or tissue, or
(c) have been affected by another person being infected as described in paragraph (a) or (b).
(4) The regulations may define an eligible person by reference to matters including (but not limited to)—
(a) the kind of infection;
(b) the duration or effect of an infection;
(c) when the treatment occurred;
(d) where the treatment was given;
(e) who gave the treatment;
(f) whether a person was treated with blood, blood products or tissue;
(g) in the case of a person within subsection (3)(b), how the person was infected and their connection with the person who was treated;
(h) in the case of a person within subsection (3)(c), how the person has been affected and their connection with the person who has been infected.
(5) The regulations must provide for payments under the scheme to be made by, and the scheme to be otherwise administered by, the IBCA.
(1) The amount of a payment under the infected blood compensation scheme is to be determined in accordance with regulations under section 49.
(2) The regulations may make provision for the amount payable to eligible persons—
(a) to be a specified amount;
(b) to be an amount within a specified range;
(c) not to exceed a specified amount.
(3) The regulations may make provision—
(a) for payments to be made as a lump sum or periodically;
(b) for payments to be held on trust;
(c) for interest to be payable on payments;
(d) for the amount of any periodic payment to be increased to take account of changes in the value of money.
(4) The regulations may make provision for payments to be made subject to conditions.
(5) The regulations may make provision for payments under the scheme to be repaid to the IBCA (in whole or in part) in specified circumstances.
(6) In this section “specified” means specified in the regulations.
Regulations under section 49 may deal with the procedure for the making and deciding of applications for payments under the infected blood compensation scheme and, in particular, may—
(a) impose time limits for making an application or taking other steps;
(b) make provision about evidence.
(1) Regulations under section 49—
(a) may make provision for the IBCA to review decisions taken under the infected blood compensation scheme;
(b) must confer a right of appeal to the First-tier Tribunal against a decision taken under the scheme.
(2) If the regulations make provision under subsection (1)(a), they may provide for the right of appeal to be exercisable only if the IBCA has reviewed the decision.
(1) The IBCA may provide information to another person, and a person may provide information to the IBCA, for the purposes of any matter connected with the administration of the infected blood compensation scheme.
(2) The IBCA may by notice in writing require a person to provide information to the IBCA for the purposes of any matter connected with the administration of the infected blood compensation scheme.
(3) If a person fails to comply with a notice under subsection (2), the IBCA may apply to the appropriate court for an order requiring the person to comply with the notice.
(4) The information referred to in this section may comprise or include personal data.
(5) This section does not limit the circumstances in which information may be disclosed apart from this section.
(6) Except as provided by subsection (7), a disclosure of information authorised by or required under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(7) This section does not authorise or require the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred and duties imposed by this section).
(8) In this section—
“the appropriate court” means—
in England and Wales and Northern Ireland, the High Court;
in Scotland, the Court of Session;
“personal data”, “processing” and “the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.
(1) Each relevant person must co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.
(2) The relevant persons are—
(a) the Secretary of State;
(b) the Minister for the Cabinet Office;
(c) a Special Health Authority established under section 28 of the National Health Service Act 2006;
(d) the Welsh Ministers;
(e) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
(f) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
(g) the Scottish Ministers;
(h) a person who has at any time been appointed by the Scottish Ministers under subsection (4)(d) of section 28 of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;
(i) the Department of Health in Northern Ireland;
(j) the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));
(k) any other persons specified as relevant persons in regulations made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this section.
(3) Regulations under subsection (2)(k)—
(a) may not specify a Welsh body as a relevant person unless the Welsh Ministers consent;
(b) may not specify a Scottish body as a relevant person unless the Scottish Ministers consent;
(c) may not specify a Northern Ireland body as a relevant person unless the Department of Health in Northern Ireland consents.
(4) In subsection (3)—
“Welsh body” means—
a devolved Welsh authority as defined in section 157A of the Government of Wales Act 2006;
a person providing services to a person within paragraph (a);
“Scottish body” means—
a person who is a part of the Scottish Administration;
a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998);
a person providing services to a person within paragraph (a) or (b);
“Northern Ireland body” means—
a Northern Ireland department;
a public authority whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters (within the meaning of the Northern Ireland Act 1998);
a person providing services to a person within paragraph (a) or (b).
(1) The Secretary of State or the Minister for the Cabinet Office may make such arrangements as they consider appropriate for the provision of support and assistance to applicants (or potential applicants) for compensation under the infected blood compensation scheme.
(2) The arrangements may be for the provision of support and assistance by the IBCA or any other person.