1988. Claims for compensation under the 1977 Order
1. In this Schedule— “the 1968 Act” means the [1968 c. 9 (N.I.)] Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968; “the 1977 Order” means the [1977 NI 15] Criminal Injuries (Compensation) (Northern Ireland) Order 1977. 2. —(1) The repeal by this Order of the 1977 Order does not affect the operation of Articles 3(4) and 8(2) of that Order in relation to the 1968 Act.
(2) No compensation shall be paid under the 1968 Act unless an application for compensation under that Act has been made before the coming into operation of this Order.
(3) Nothing in any provision of the 1968 Act or in any other statutory provision shall authorise a county court to extend the time referred to in sub-paragraph (2) for making an application for compensation under that Act. 3. —(1) The repeal by this Order of the 1977 Order does not affect the operation of that Order in relation to any criminal injury sustained before the coming into operation of this Order.
(2) No compensation shall be paid under the 1977 Order in respect of a criminal injury unless an application for compensation under that Order—
(a) has been made before the coming into operation of this Order; or
(b) is made within the period of 3 years beginning with the date on which the criminal injury was sustained.
(3) Nothing in any provision of the 1977 Order or in any other statutory provision shall authorise a county court to extend the time referred to in sub-paragraph (2) for making an application under that Order.
(4) Article 8 of the 1977 Order shall have effect, and be deemed from 10th December 1981 to have had effect, as if for paragraph (5) there were substituted the following paragraph— “ (5) In this Article “the discretionary payments limit” means—
(a) where the victim died as a result of a criminal injury sustained before 10th December 1981, the aggregate of £5,000 (in respect of the widow) and £500 (in respect of each child);
(b) where the victim died as a result of a criminal injury sustained on or after 10th December 1981, the aggregate of £10,000 (in respect of the spouse) and £1,000 (in respect of each child). ” . Article 26. SCHEDULE 3 REPEALS Chapter or Number Short Title Extent of Repeal 1977 NI 15 . The Criminal Injuries (Compensation) (Northern Ireland) Order 1977. The whole Order. 1980 NI 3 . The County Courts (Northern Ireland) Order 1980. In part II of Schedule 1 the amendment to the Criminal Injuries (Compensation) (Northern Ireland) Order 1977. 1981 NI 1 . The Road Traffic (Northern Ireland) Order 1981. In Schedule 7, paragraph 20. 1981 NI 2 . The Firearms (Northern Ireland) Order 1981. In Schedule 4, paragraph 2. 1982 NI 22 . The Criminal Injuries (Compensation) Amendment (Northern Ireland) Order 1982. The whole Order. Explanatory Note
(This note is not part of the Order) This Order repeals and re-enacts with amendments the Criminal Injuries (Compensation) (Northern Ireland) Order 1977. The principal amendments are—
(a) to introduce a bereavement award of £3,500 and an award of £5,000 to a woman who intends to keep a child conceived as a result of a rape;
(b) to enable criminal convictions indicative of the conduct and way of life of the victim or applicant to be taken into account in the assessment of compensation;
(c) to restrict the cases in which compensation is awarded for nervous shock;
(d) to increase the minimum amount of a claim for compensation;
(e) to increase the discretionary payments limit in respect of children;
(f) to restrict the introduction of new matter in an appeal against a determination of compensation;
(g) to introduce time limits for applications for compensation; and
(h) to exclude from compensation certain injuries sustained accidentally in the course of arresting offenders or preventing offences.
