The Victim Surcharge Fund (Prescribed Relatives) (Scotland) Regulations 2019

Made: 10th September 2019

Laid before the Scottish Parliament: 12th September 2019

Coming into force: 25th November 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 253G(3) and (8) of the Criminal Procedure (Scotland) Act 1995[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Victim Surcharge Fund (Prescribed Relatives) (Scotland) Regulations 2019 and come into force on 25 November 2019.

• (2) In these Regulations—

• “the Act” means the Criminal Procedure (Scotland) Act 1995,

• “victim” means a person who is, or appears to be, the victim of crime.

Prescribed relatives

2

• (1) Subject to paragraph (2), the following persons are prescribed relatives for the purposes of section 253G(3) and (8) of the Act—

• (a) any person who is married to, or in a civil partnership with, the victim,

• (b) any person who is living together with the victim as if they are married and have been so living together for a minimum period of 6 months,

• (c) children or step-children of the victim,

• (d) parents or step-parents of the victim,

• (e) grandparents or great-grandparents of the victim,

• (f) grandchildren or great-grandchildren of the victim,

• (g) siblings of the victim,

• (h) aunts or uncles of the victim,

• (i) nephews or nieces of the victim,

• (j) cousins of the victim,

• (k) a person who cares for the victim within the meaning of paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 2010[^f00002],

• (l) where the victim cares for a person within the meaning of paragraph 20 of schedule 12 of the Public Services Reform (Scotland) Act 2010, that person,

• (m) a person who is a guardian of the victim, or someone for whom the victim is a guardian, appointed under the Children (Scotland) Act 1995[^f00003] or the Adults with Incapacity (Scotland) Act 2000[^f00004],

• (n) a person who is a foster carer of the victim, or someone for whom the victim is a foster carer, within the meaning of section 96(1)(c) of the Protection of Vulnerable Groups (Scotland) Act 2007[^f00005],

• (o) a person who is a foster carer or kinship carer of the victim, or someone for whom the victim is a foster carer or kinship carer, within the meaning of regulation 2 of the Looked After Children (Scotland) Regulations 2009[^f00006],

• (p) a continuing attorney of the victim, or someone for whom the victim is a continuing attorney, within the meaning of section 15(2) of the Adults with Incapacity (Scotland) Act 2000, and

• (q) a welfare attorney of the victim, or someone for whom the victim is a welfare attorney within the meaning of section 16(2) of the Adults with Incapacity (Scotland) Act 2000.

• (2) Where the victim is deceased and any person would have been a prescribed relative of the victim under paragraph (1) but for the victim’s death, that person is a prescribed relative for the purposes of section 253G(3) and (8) of the Act.

Signed

HUMZA YOUSAF — A member of the Scottish Government — 10th September 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide a list of persons who are to be prescribed relatives for the purposes of section 253G(3) and (8) of the Criminal Procedure (Scotland) Act 1995.

Footnotes

[^f00001]: 1995 c.46. Section 253G was inserted by section 26 of the Victims and Witnesses (Scotland) Act 2014 (asp 1) and section 253G(8) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: 2010 asp 8.

[^f00003]: 1995 c.36.

[^f00004]: 2000 asp 4.

[^f00005]: 2007 asp 14.

[^f00006]: S.S.I. 2009/210, to which there are amendments not relevant to these Regulations.