Victims and Prisoners Act 2024

(32ZAA) (1) This section applies where— (a) a prisoner is serving a life sentence imposed in respect of an offence specified or described in section 32ZAB, and (b) the Parole Board directs the prisoner’s release under section 28(5) or 32(5). (2) The Secretary of State may direct the Parole Board to refer the prisoner’s case to the High Court if the Secretary of State considers that— (a) the release of the prisoner would be likely to undermine public confidence in the parole system, and (b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 32ZAC(1)). (3) The requirement for the Secretary of State to give effect to the Parole Board’s direction to release the prisoner is suspended— (a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Parole Board to refer the prisoner’s case to the High Court under this section, and (b) if the Secretary of State gives such a direction, pending determination of the reference under section 32ZAC(1). (4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it. (5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force. (6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Parole Board before this section comes into force. (32ZAB) (1) The offences specified or described in this section (for the purposes of section 32ZAA) are— (a) murder; (b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act; (c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences); (d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003; (e) an offence under section 1 of the Sexual Offences Act 2003 (rape); (f) an offence under section 5 of that Act (rape of a child under 13); (g) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape); (h) an offence under section 18 of that Act (rape of a young child); (i) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape); (j) an offence under Article 12 of that Order (rape of a child under 13); (k) an offence that— (i) is abolished, and (ii) would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished. (2) A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence. (3) In subsection (2)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. (32ZAC) (1) On a referral of a prisoner’s case under section 32ZAA, the High Court— (a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Parole Board’s direction to release the prisoner on licence; (b) otherwise, must make an order quashing the Parole Board’s direction to release the prisoner on licence. (2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release. (3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Parole Board on the date on which the order was made.

• (2) In section 32ZB of the Crime (Sentences) Act 1997 (release at direction of Parole Board: timing)—

• (a) in subsection (1), at the end insert “(including where the High Court makes an order under section 32ZAC(1)(a) requiring the Secretary of State to give effect to such a direction)”;

• (b) in subsection (3), after “subject to” insert “—

(a) section 32ZAA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and (b)

.

Referral of release decisions: fixed-term prisoners

62

• (1) After section 256AZB of the Criminal Justice Act 2003 insert—

(256AZBA) (1) This section applies where— (a) a prisoner is serving a fixed-term sentence imposed in respect of an offence specified or described in section 256AZBB, and (b) the Board directs the prisoner’s release under a provision mentioned in the second column of the table in section 237B. (2) The Secretary of State may direct the Board to refer the prisoner’s case to the High Court if the Secretary of State considers that— (a) the release of the prisoner would be likely to undermine public confidence in the parole system, and (b) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined (see section 256AZBC(1)). (3) The requirement for the Secretary of State to give effect to the Board’s direction to release the prisoner is suspended— (a) during such period, beginning with the day on which the direction is given, as the Secretary of State reasonably requires to determine whether to direct the Board to refer the prisoner’s case to the High Court under this section, and (b) if the Secretary of State gives such a direction, pending determination of the reference under section 256AZBC(1). (4) Where the Secretary of State gives a direction under subsection (2), the Secretary of State must notify the prisoner of the direction and the reasons for giving it. (5) This section applies in relation to a prisoner whose sentence was imposed before, as well as after, this section comes into force. (6) But nothing in this section affects the duty of the Secretary of State to release a prisoner whose release has been directed by the Board before this section comes into force. (256AZBB) (1) The offences specified or described in this section (for the purposes of section 256AZBA) are— (a) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act; (b) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences); (c) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A); (d) an offence under section 1 of the Sexual Offences Act 2003 (rape); (e) an offence under section 5 of that Act (rape of a child under 13); (f) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape); (g) an offence under section 18 of that Act (rape of a young child); (h) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape); (i) an offence under Article 12 of that Order (rape of a child under 13); (j) an offence that— (i) is abolished, and (ii) would have constituted an offence referred to in paragraphs (a) to (i) if committed on or after the date on which it was abolished. (2) A sentence in respect of a service offence is to be treated for the purposes of section 256AZBA as if it were a sentence in respect of the corresponding offence. (3) In subsection (2)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. (256AZBC) (1) On a referral of a prisoner’s case under section 256AZBA, the High Court— (a) must, if satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined, make an order requiring the Secretary of State to give effect to the Board’s direction to release the prisoner on licence; (b) otherwise, must make an order quashing the direction. (2) An order under subsection (1)(a) may include directions as to the conditions to be included in the prisoner’s licence on release. (3) An order under subsection (1)(b) has effect as if the prisoner’s case were disposed of by the Board on the date on which the order was made. (4) If the decision referred to the High Court is a decision under section 255B(4A) (automatic release), subsection (1)(a) has effect as if for the words “be confined” there were substituted “remain in prison until the end of the period mentioned in section 255B(1)(b)”.

• (2) In section 256AZC of the Criminal Justice Act 2003 (release at direction of Parole Board: timing)—

• (a) in subsection (1), at the end insert “(including where the High Court makes an order under section 256AZBC(1)(a) requiring the Secretary of State to give effect to such a direction)”;

• (b) in subsection (3), after “subject to” insert

— (a) section 256AZBA(3) (suspension of duty to release prisoner pending referral to High Court or decision whether to refer), and (b)

.

Licence conditions on release following referral

Licence conditions of life prisoners released following referral

63

• (1) Section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences) is amended as follows.

• (2) In subsection (3), before paragraph (b) (and the “or” before it) insert—

(ab) in accordance with subsection (3B),

.

• (3) Before subsection (4) insert—

(3B) Where the High Court gives a direction under section 32ZAC(2) as to the conditions to be included in a life prisoner’s licence on release, the Secretary of State— (a) must include the conditions in the prisoner’s licence on release; (b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.

Licence conditions of fixed-term prisoners released following referral

64

• (1) Section 250 of the Criminal Justice Act 2003 (licence conditions) is amended as follows.

• (2) In subsection (5A), at the beginning insert “Subject to subsection (5D),”.

• (3) After subsection (5C) insert—

(5D) Where the High Court gives a direction under section 256AZBC(2) as to the conditions to be included in a prisoner’s licence on release, the Secretary of State— (a) must include the conditions in the prisoner’s licence on release; (b) may subsequently insert a condition in such a licence or vary or cancel a condition of such a licence.

Assessing etc risks posed by controlling or coercive offenders

Assessing etc risks posed by controlling or coercive offenders

65

In section 327 of the Criminal Justice Act 2003 (section 325: interpretation), in subsection (4A), after paragraph (c) insert—

(ca) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship);

.

Imprisonment or detention for public protection

Imprisonment or detention for public protection

66

• (1) Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences) is amended as follows.

• (2) In section 31 (duration and conditions of licences)—

• (a) in subsection (3), after paragraph (a) (but before the “or”) insert—

(aa) in accordance with subsection (3A),

;

• (b) after subsection (3) insert—

(3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA.

• (3) In section 31A (imprisonment or detention for public protection: termination of licences)—

• (a) in subsection (2), in the words after paragraph (b), for “shall” substitute “must”;

• (b) in subsection (3)—

• (i) at the end of paragraph (a) insert “and”;

• (ii) omit paragraph (c) and the “and” before it;

• (c) for subsection (4) substitute—

(4) Where a reference is made under subsection (3) above— (a) the Parole Board must direct the Secretary of State to make an order that the licence is to cease to have effect, unless paragraph (b) applies; (b) if the Parole Board is satisfied that it is necessary for the protection of the public that the licence should remain in force, it must dismiss the reference.

;

• (d) omit subsections (4A) to (4C) and insert—

(4D) The reference under subsection (3) must not be made, and a reference under that subsection must not be determined by the Parole Board under subsection (4), if at the time the reference or determination would otherwise be made the prisoner is in prison having been recalled under section 32. (4E) Subsection (4F) applies where— (a) but for subsection (4D), a reference of the prisoner’s case would have been made under subsection (3) or determined by the Parole Board under subsection (4), (b) the Secretary of State has referred the prisoner’s case to the Parole Board under section 28 or 32, and (c) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined. (4F) Where this subsection applies— (a) the Parole Board must direct the Secretary of State to release the prisoner unconditionally, unless paragraph (b) applies; (b) if the Parole Board is satisfied that it is necessary for the protection of the public for the prisoner, when released, to be released on licence in respect of the preventive sentence or sentences, it must not give a direction under paragraph (a). (4G) Where the Parole Board gives a direction under subsection (4F)(a)— (a) section 28(5) has effect in relation to the prisoner as if for “release him on licence” there were substituted “release the prisoner unconditionally”; (b) section 32(5) has effect in relation to the prisoner as if for “give effect to the direction” there were substituted “release the prisoner unconditionally”. (4H) Where— (a) the prisoner has been released on licence under this Chapter (whether or not the prisoner has subsequently been recalled to prison under section 32), (b) the qualifying period has expired, and (c) the prisoner’s licence has remained in force for a continuous period of two years— (i) beginning not before the qualifying period expired, and (ii) ending after the coming into force of section 66(3)(d) of the Victims and Prisoners Act 2024, the Secretary of State must order that the licence is to cease to have effect.

;

• (e) in subsection (5)—

• (i) for the definition of “preventive sentence” substitute—

• “preventive sentence” means—a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), ora sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);

;

• (ii) in the definition of “the qualifying period”, for the words from “the period” to the end of the definition substitute

— 1. if the prisoner was not at any time in the period of two years beginning with the date of the prisoner’s release serving any preventive sentence in respect of an offence for which the prisoner was convicted when aged 18 or over, that two year period; 2. otherwise, the period of three years beginning with the date of the prisoner’s release.

;

• (f) after subsection (5) insert—

(6) The Secretary of State may by regulations made by statutory instrument amend subsection (5) to change the length of the qualifying period for the time being specified in paragraph (a) or (b) of the definition of “the qualifying period”. (7) A statutory instrument containing regulations under subsection (6) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (4) In section 32 (recall of life prisoners while on licence)—

• (a) after subsection (1) insert—

(1A) Subsection (1) does not apply in relation to a prisoner in respect of whom the Secretary of State is required to make an order under section 31A(2) or (4H) that the licence is to cease to have effect.

;

• (b) after subsection (5A) insert—

(5B) Subsection (5C) applies where the Secretary of State releases, under subsection (5) above, a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies. (5C) The Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under this section. (5D) The Secretary of State may only make a determination under subsection (5C) if the Secretary of State considers that it is in the interests of justice to do so. (5E) Where the Secretary of State makes a determination under subsection (5C), the Secretary of State must notify the prisoner.

• (5) After section 32 insert—

(32ZZA) (1) This section applies where a prisoner to whom section 31A (termination of licences of preventive sentence prisoners) applies— (a) has been released on licence under this Chapter, and (b) is recalled to prison under section 32. (2) The Secretary of State may, at any time after the prisoner is returned to prison, release the prisoner again on licence under this Chapter. (3) The Secretary of State must not release the prisoner under subsection (2) unless satisfied that it is no longer necessary for the protection of the public that the prisoner should remain in prison. (4) Where the prisoner is released under subsection (2), the Secretary of State may determine that, for the purposes of paragraph (c) of section 31A(4H) (automatic licence termination), the prisoner’s licence is to be treated as having remained in force as if it had not been revoked under section 32. (5) The Secretary of State may only make a determination under subsection (4) if the Secretary of State considers that it is in the interests of justice to do so. (6) Where the Secretary of State makes a determination under subsection (4), the Secretary of State must notify the prisoner. (7) In this section, “preventive sentence” means— (a) a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or (b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006).

Imprisonment or detention for public protection: annual report

67

• (1) The Secretary of State must, as soon as is reasonably practicable after the end of each reporting period—

• (a) prepare and publish a report about the steps taken by the Secretary of State in the reporting period to support the rehabilitation of preventive sentence prisoners and their progress towards release from prison or licence termination, and

• (b) lay the report before Parliament.

• (2) For these purposes, in relation to a preventive sentence prisoner—

• (a) “release from prison” means the prisoner’s release on licence under section 28(5) or 32(5) of the 1997 Act or unconditional release under either of those sections as modified by section 31A(4G) of that Act;

• (b) “licence termination” means an order, under section 31A(2) or (4H) of the 1997 Act, that the licence on which the prisoner was released from prison is to cease to have effect.

• (3) The report must in particular contain details of the steps taken in relation to the following—

• (a) preventive sentence prisoners who are female;

• (b) preventive sentence prisoners who at any time in the reporting period were serving a sentence mentioned in paragraph (b) of the definition of preventive sentence (detention for public protection for serious offences committed by those under 18).

• (4) The report must also contain details of the persons the Secretary of State has consulted in the reporting period in relation to the matters mentioned in subsection (1)(a).

• (5) In this section—

• “the 1997 Act” means the Crime (Sentences) Act 1997;

• “life sentence” has the meaning given by section 34(2) of the 1997 Act;

• “preventive sentence” means— a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006), or a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006);

• “preventive sentence prisoner”, in relation to a reporting period, means a prisoner who— was serving one or more preventive sentences at any time in the period, and was not serving any other life sentence at any time in the period;

• “reporting period” means— the period beginning with the day on which this section comes into force and ending with 31 March following that day, and each successive period of 12 months.

Extension of home detention curfew

Non-executive members: payments

68

• (1) Section 246 of the Criminal Justice Act 2003 (release of prisoners on licence before required to do so) is amended as follows.

• (2) In subsection (1), after “fixed-term prisoner” insert “, other than one to whom section 244ZA, 244A, 246A, 247, 247A or 247B or paragraph 4 or 24 of Schedule 20B applies,”.

• (3) In subsection (4)—

• (a) omit paragraphs (a) to (ab);

• (b) after paragraph (ab) insert—

(ac) the prisoner is one to whom section 244ZA would apply if— (i) section 244ZA(4)(c), (5)(c) and (6)(c) were omitted, (ii) the reference in section 244ZA(5)(a) to section 262 of the Sentencing Code were read as including a reference to section 96 of the PCC(S)A 2000, and (iii) the reference in section 244ZA(6)(a) to section 250 of the Sentencing Code were read as including a reference to section 91 of the PCC(S)A 2000,

;

• (c) in paragraph (g) for “at any time” substitute “during the currency of the sentence”;

• (d) for paragraph (ga) substitute—

(ga) the following apply— (i) the prisoner has been released on licence under this section in relation to a previous sentence and has been recalled to prison under section 255(1)(a) (and the revocation of the licence has not been cancelled under section 255(3)), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began, (gb) the following apply— (i) the prisoner has been released on licence under section 34A of the Criminal Justice Act 1991 in relation to a previous sentence and has been recalled to prison under section 38A(1)(a) of that Act (and the revocation of the licence has not been cancelled under section 38A(3) of that Act), and (ii) the requisite custodial period in relation to the previous sentence ended less than 2 years before the day on which the current sentence began,

;

• (e) omit paragraph (ha) (but not the “or” at the end of it).

• (4) Omit subsection (4ZA).

Application of Convention rights

Section 3 of the Human Rights Act 1998: life prisoners

69

In Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences), after section 34 insert—

(34A) (1) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this Chapter or any subordinate legislation made under it. (2) In this section “subordinate legislation” has the same meaning as in the Human Rights Act 1998 (see section 21 of that Act).

Section 3 of the Human Rights Act 1998: fixed-term prisoners

70

In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall of fixed-term prisoners), after section 268 insert—

(268A) (1) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this Chapter or any subordinate legislation made under it. (2) In this section “subordinate legislation” has the same meaning as in the Human Rights Act 1998 (see section 21 of that Act).

Section 3 of the Human Rights Act 1998: power to change release test

71

In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), after subsection (6) insert—

(7) Section 3 of the Human Rights Act 1998 (legislation to be read and given effect in way which is compatible with Convention rights) does not apply to this section or any order made under it.

Application of certain Convention rights in prisoner release cases

72

• (1) Subsection (3) applies where—

• (a) in any proceedings, a court is determining a question which has arisen as to whether a relevant Convention right of a person has been breached, and

• (b) the alleged breach arose in connection with a decision, under any prisoner release legislation, about whether the person should be released from custody.

• (2) The “prisoner release legislation” is—

• (a) Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (life sentences), including subordinate legislation made under that Chapter;

• (b) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall of fixed-term prisoners), including subordinate legislation made under that Chapter.

• (3) The court must give the greatest possible weight to the importance of reducing the risk to the public from persons who have committed offences in respect of which custodial sentences have been imposed.

• (4) In this section—

• “court” includes a tribunal;

• “custodial sentence” means a sentence specified in regulations made by the Secretary of State;

• “relevant Convention right” means any Convention right other than the Convention rights set out in the following Articles of the Convention— Article 2 (right to life); Article 3 (prohibition of torture); Article 4(1) (prohibition of slavery); Article 7 (no punishment without law).

• (5) In this section, the following terms have the same meanings as in the Human Rights Act 1998—

• “the Convention”;

• “Convention right”;

• “subordinate legislation”.

The Parole Board

Parole Board rules

73

• (1) Section 239 of the Criminal Justice Act 2003 (the Parole Board) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After subsection (5C) insert—

(5D) Rules under subsection (5) may also make provision for functions of the Board (including judicial functions) to be exercised by employees of the Board, other than any function so far as its exercise involves— (a) making a public protection decision in relation to a prisoner within the meaning of section 237A(2) of this Act or section 28ZA(2) of the 1997 Act; (b) giving a direction for the release of a prisoner on licence under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; (c) making a decision or giving a direction under subsection (4) or (4F) of section 31A of the 1997 Act (imprisonment or detention for public protection: termination of licences); (d) reconsidering a decision or setting aside a decision or direction under provision made by virtue of subsection (5A).

Parole Board membership

74

• (1) Paragraph 2 of Schedule 19 to the Criminal Justice Act 2003 (membership of the Parole Board) is amended as follows.

• (2) In sub-paragraph (1), for “four” substitute “five”.

• (3) In sub-paragraph (2)—

• (a) omit the “and” at the end of paragraph (c);

• (b) after paragraph (d) insert

; and (e) a person appearing to the Secretary of State to have experience of law enforcement in a part of the United Kingdom.

.

• (4) After sub-paragraph (2) insert—

(2A) “Law enforcement” means the prevention, detection or investigation of offences.

Whole life prisoners prohibited from forming a marriage or civil partnership

Whole life prisoners prohibited from forming a marriage

75

• (1) After section 2 of the Marriage Act 1949 insert—

(2A) (1) A person (“A”) may not marry another person if A— (a) is serving a life sentence in a prison or other place of detention, and (b) is subject to a whole life order. (2) But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person. (3) The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given. (4) A marriage solemnized in contravention of subsection (1) is void. (5) In this section— - “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997; - “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person. (6) A person is to be treated for the purposes of this section as being subject to a whole life order if— (a) the person is serving a life sentence passed before 18 December 2003, (b) the sentence was passed in circumstances where the sentence was fixed by law, (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).

• (2) In section 27ZA of the Marriage Act 1949 (circumstances in which a notice of marriage is not to be recorded in the marriage register), in paragraph (a), at the appropriate place insert—

• section 27A(3A);

.

• (3) In section 27A of the Marriage Act 1949 (additional information required in certain cases)—

• (a) in subsection (3) (case where marriage intended to be solemnized at detained person’s residence)—

• (i) omit the “and” at the end of paragraph (a);

• (ii) at the end of paragraph (b) insert

; and (c) stating whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.

;

• (b) after subsection (3) insert—

(3A) Where the relevant person is a detained person who is serving a life sentence and is subject to a whole life order, each notice of marriage required by section 27 of this Act must also be accompanied by a statement made by the Secretary of State not more than twenty-one days before the date on which notice of the marriage is given under section 27 stating that the relevant person has the permission required by section 2A(2).

;

• (c) in subsection (6), for “or (as the case may be) (3)” substitute “, (3) or (3A)”;

• (d) in subsection (7), before the definition of “medical statement” insert—

• “life sentence” and “whole life order” have the meanings given by section 2A(5) of this Act and section 2A(6) (persons treated as being subject to a whole life order) applies for the purposes of this section; and

.

• (4) In section 11(a) of the Matrimonial Causes Act 1973 (grounds on which a marriage is void), omit the “or” at the end of sub-paragraph (ii) and insert—

(iia) the marriage is solemnized in contravention of section 2A of the Marriage Act 1949; or

.

Whole life prisoners prohibited from forming a civil partnership

76

• (1) Section 3 of the Civil Partnership Act 2004 (eligibility) is amended in accordance with subsections (2) to (4).

• (2) In subsection (1)—

• (a) omit the “or” at the end of paragraph (c), and

• (b) after paragraph (d) insert

, or (e) either of them is serving a life sentence in a prison or other place of detention and is subject to a whole life order.

• (3) After subsection (1) insert—

(1A) But two people are not ineligible to register as civil partners of each other by reason of either of them falling within paragraph (e) of subsection (1) if each of them falling within that paragraph has permission from the Secretary of State to register as a civil partner of the other. (1B) The Secretary of State may not give permission under subsection (1A) unless satisfied that exceptional circumstances exist which justify the permission being given.

• (4) After subsection (2) insert—

(3) In this section— - “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997; - “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person. (4) A person is to be treated for the purposes of this section as being subject to a whole life order if— (a) the person is serving a life sentence passed before 18 December 2003, (b) the sentence was passed in circumstances where the sentence was fixed by law, (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).

• (5) In section 9F of the Civil Partnership Act 2004 (recording of information in the register: compliance with requirements), at the appropriate place insert—

• section 19(5A);

.

• (6) Section 19 of the Civil Partnership Act 2004 (detained persons) is amended in accordance with subsections (7) to (9).

• (7) In subsection (4) (supporting statement)—

• (a) omit the “and” at the end of paragraph (a);

• (b) after paragraph (b) insert

, and (c) states whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order.

• (8) After subsection (5) insert—

(5A) Where the detained person is serving a life sentence and is subject to a whole life order, each notice of proposed civil partnership must also be accompanied by a statement made by the Secretary of State not more than 21 days before the day on which the notice is recorded stating that the detained person has the permission required by section 3(1A). (5B) The fact that the registration authority to whom a notice of proposed civil partnership is given has received a statement under subsection (5A) must be recorded in the register.

• (9) After subsection (7) insert—

(7A) “Life sentence” and “whole life order” have the meanings given by section 3(3) of this Act and section 3(4) (persons treated as being subject to a whole life order) applies for the purposes of this section.

Part 5 — General

Financial provision

77

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Power to make consequential provision

78

• (1) The Secretary of State may by regulations make provision that is consequential on, or on regulations under, Part 1, 2 or 4.

• (2) Each of the following may by regulations make provision that is consequential on, or on regulations under, Part 3—

• (a) the Secretary of State or the Minister for the Cabinet Office,

• (b) the Welsh Ministers,

• (c) the Scottish Ministers, and

• (d) a Northern Ireland department.

• (3) Regulations under subsection (2)—

• (a) made by the Welsh Ministers, may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd;

• (b) made by the Scottish Ministers, may contain only provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;

• (c) made by a Northern Ireland department, may contain only provision which—

• (i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and

• (ii) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.

• (4) Regulations under this section may amend, repeal or revoke any provision of or made under primary legislation (whenever passed or made).

• (5) In this section, “primary legislation” means—

• (a) an Act;

• (b) a Measure or Act of Senedd Cymru;

• (c) an Act of the Scottish Parliament;

• (d) Northern Ireland legislation.

Appointment of executive members

79

• (1) Regulations under this Act—

• (a) may make different provision for different purposes or areas;

• (b) may include supplementary, incidental, saving or transitional provisions.

• (2) Regulations under this Act made by the Secretary of State, the Minister for the Cabinet Office, the Treasury or the Welsh Ministers are to be made by statutory instrument.

• (3) For regulations made under section 78(2) by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

• (4) The power of a Northern Ireland department to make regulations under section 78(2) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (5) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State under section 17 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (6) A statutory instrument containing (alone or with other provision) the first regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 must be laid before Parliament after being made.

• (7) Regulations contained in a statutory instrument laid before Parliament under subsection (6) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

• (8) In calculating the period of 28 days, no account is to be taken of any whole days that fall within a period during which—

• (a) Parliament is dissolved or prorogued, or

• (b) either House of Parliament is adjourned for more than four days.

• (9) If regulations cease to have effect as a result of subsection (7), that does not—

• (a) affect the validity of anything previously done under the regulations, or

• (b) prevent the making of new regulations.

• (10) Any other statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 49 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (11) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 56(10) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (12) A statutory instrument containing (alone or with other provision) regulations made by the Secretary of State or the Minister for the Cabinet Office under section 78(1) or (2) that amend, repeal or revoke primary legislation (within the meaning of section 78) (unless it is a statutory instrument to which subsection (6) applies) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (13) Any other statutory instrument containing regulations made by the Secretary of State or the Minister for the Cabinet Office under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (14) A statutory instrument containing regulations made by the Treasury under paragraph 21 of Schedule 1 is subject to annulment in pursuance of a resolution of the House of Commons.

• (15) A statutory instrument containing regulations made by the Welsh Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

• (16) Any other statutory instrument containing regulations made by the Welsh Ministers under section 78(2) is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (17) Regulations made by the Scottish Ministers under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (18) Any other regulations made by the Scottish Ministers under section 78(2) are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (19) Regulations made by a Northern Ireland department under section 78(2) that amend, repeal or revoke primary legislation (within the meaning of section 78) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (20) Any other regulations made by a Northern Ireland department under section 78(2) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

• (21) This section does not apply to regulations under section 81.

Extent

80

• (1) This Act extends to England and Wales only, subject as follows.

• (2) Section 45(5) also extends to Scotland.

• (3) Section 19(3) and (4) also extends to Northern Ireland.

• (4) The following also extend to Scotland and Northern Ireland—

• (a) section 27;

• (b) section 29;

• (c) section 33(3);

• (d) section 45(1) to (4);

• (e) Part 3;

• (f) this Part.

• (5) His Majesty may by Order in Council provide for any of the provisions of Part 3 to extend, with or without modifications, to—

• (a) any of the Channel Islands;

• (b) the Isle of Man;

• (c) Gibraltar;

• (d) the Falkland Islands.

Commencement

81

• (1) The following provisions come into force on the day on which this Act is passed—

• (a) Part 3;

• (b) section 73(1) and (3);

• (c) this Part.

• (2) Except as mentioned in subsection (1)(b), Parts 1, 2 and 4 come into force on such day as the Secretary of State may by regulations appoint.

• (3) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of—

• (a) Part 1, 2 or 4, or

• (b) this Part.

• (4) The Secretary of State or the Minister for the Cabinet Office may by regulations make transitional or saving provision in connection with the coming into force of any provision of Part 3.

• (5) Regulations under this section may make different provision for different purposes or areas.

• (6) Regulations under this section are to be made by statutory instrument.

Short title

82

This Act may be cited as the Victims and Prisoners Act 2024.

Schedule 1

Part 1 — Constitution

Membership

1

• (1) The IBCA is to consist of—

• (a) a Chair (who is to be a non-executive member),

• (b) at least 3, but not more than 6, other non-executive members,

• (c) a chief executive, and

• (d) at least 2, but not more than 5, other executive members.

• (2) The members are to be appointed in accordance with paragraphs 2 to 4.

• (3) A person exercising a power of appointment in accordance with those paragraphs must when doing so ensure, so far as practicable, that the number of non-executive members is at all times greater than the number of executive members.

Appointment of non-executive members

2

• (1) The Chair is to be appointed by the Secretary of State or the Minister for the Cabinet Office.

• (2) The other non-executive members are to be appointed by the Chair except for the first three who are to be appointed by the Secretary of State or the Minister for the Cabinet Office.

• (3) A person may not be appointed as a non-executive member if the person is a member of the IBCA’s staff.

Appointment of executive members

3

• (1) The chief executive and the other executive members are to be appointed by the Chair.

• (2) The executive members are to be members of the IBCA’s staff.

Accounts and audit

4

• (1) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about criteria which must be met by persons in order to be appointed as members of the IBCA.

• (2) The regulations may make provision for a person to cease to be a member of the IBCA if the person no longer meets those criteria.

Terms of membership

5

• (1) A member of the IBCA holds and vacates office in accordance with the terms of the member’s appointment (subject to this Schedule).

• (2) A member may resign from office by giving notice to the appropriate person.

• (3) A member may be removed from office by notice given by the appropriate person on the grounds that the member—

• (a) has without reasonable excuse failed to discharge the member’s functions, or

• (b) is, in the opinion of the appropriate person, unable or unfit to carry out the member’s functions.

• (4) A person ceases to be—

• (a) a non-executive member of the IBCA upon becoming a member of its staff;

• (b) an executive member of the IBCA upon ceasing to be a member of its staff.

• (5) In this paragraph “appropriate person” means—

• (a) in the case of the Chair, the Secretary of State or the Minister for the Cabinet Office;

• (b) in the case of any other member of the IBCA, the Chair.

Non-executive members: payments

6

• (1) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Secretary of State or the Minister for the Cabinet Office determines to or in respect of a person who is or has been—

• (a) the Chair, or

• (b) a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2).

• (2) The IBCA must pay, or make provision for the payment of, such remuneration, pensions, allowances or gratuities as the Chair determines to or in respect of a person who is or has been a non-executive member appointed by the Chair under paragraph 2(2).

• (3) Sub-paragraph (4) applies if—

• (a) a person ceases to be the Chair or a non-executive member appointed by the Secretary of State or the Minister for the Cabinet Office under paragraph 2(2), and

• (b) the Secretary of State or the Minister for the Cabinet Office determines that the person should be compensated because of special circumstances.

• (4) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Secretary of State or the Minister for the Cabinet Office may determine.

• (5) Sub-paragraph (6) applies if—

• (a) a person ceases to be a non-executive member appointed by the Chair under paragraph 2(2), and

• (b) the Chair determines that the person should be compensated because of special circumstances.

• (6) Where this sub-paragraph applies, the IBCA must pay the person compensation of such amount as the Chair may determine.

Supplementary powers

7

• (1) The IBCA may—

• (a) appoint employees, and

• (b) make such other arrangements for the staffing of the IBCA as it determines.

• (2) The IBCA must pay its staff such remuneration as may be determined in accordance with this paragraph.

• (3) The IBCA must pay, or make provision for the payment of, such pensions, allowances, gratuities or compensation as may be determined in accordance with this paragraph to or in respect of any person who is or has been a member of staff of the IBCA.

• (4) Members of staff of the IBCA are to be appointed on such other terms as may be determined in accordance with this paragraph.

• (5) A matter is determined in accordance with this paragraph if—

• (a) in the case of a matter which relates to an executive member, it is determined by the Chair;

• (b) in the case of a matter which relates to any other member of staff, it is determined by the IBCA.

• (6) Before making a determination as to remuneration, pensions, allowances, gratuities or compensation for the purposes of sub-paragraph (2) or (3), the IBCA must obtain the approval of the Secretary of State or the Minister for the Cabinet Office as to its policy on that matter.

Interim chief executive

8

• (1) The Secretary of State or the Minister for the Cabinet Office may appoint a person as an executive member to act as chief executive of the IBCA (“an interim chief executive”) until the appointment of the first chief executive by the Chair under paragraph 3(1).

• (2) An interim chief executive may incur expenditure and do other things in the name of and on behalf of the IBCA until the appointment of the first chief executive by the Chair under paragraph 3(1).

• (3) In exercising the power in sub-paragraph (2), an interim chief executive must act in accordance with any directions given by the Secretary of State or the Minister for the Cabinet Office.

• (4) Paragraphs 3, 5 and 7 do not apply to an interim chief executive.

Committees and sub-committees

9

• (1) The IBCA may appoint such committees and sub-committees as it considers appropriate.

• (2) A committee or sub-committee may consist of or include persons who are neither members, nor members of staff, of the IBCA.

• (3) The IBCA may pay such remuneration and allowances as it may determine to any person who—

• (a) is a member of a committee or a sub-committee, but

• (b) is not a member of staff of the IBCA,

whether or not that person is a non-executive member of the IBCA.

Procedure

10

• (1) The IBCA may determine its own procedure and the procedure of any of its committees or sub-committees.

• (2) The validity of any proceedings of the IBCA, or any committee or sub-committee of the IBCA, is not affected by any vacancy among its members or by any defect in the appointment of such a member.

Exercise of functions

11

• (1) The IBCA must have regard to the need to exercise its functions effectively, efficiently and economically.

• (2) The IBCA may delegate any of its functions to—

• (a) a member of the IBCA,

• (b) a member of the IBCA’s staff authorised for that purpose, or

• (c) any committee or sub-committee.

• (3) A function may be delegated to the extent and on the terms that the IBCA determines.

Funding

12

• (1) The Secretary of State or the Minister for the Cabinet Office must pay to the IBCA—

• (a) such sums as are required to meet payments made by the IBCA under the infected blood compensation scheme, and

• (b) such other sums as the Secretary of State or the Minister for the Cabinet Office considers are reasonably sufficient to enable the IBCA to carry out its functions.

• (2) Payments under sub-paragraph (1)(b) may be made subject to conditions.

• (3) The Secretary of State or the Minister for the Cabinet Office may by regulations make provision about what the IBCA must do with any sums repaid to it by virtue of section 50(5) (which may include provision requiring the sums to be paid to the Secretary of State or the Minister for the Cabinet Office).

Annual report

13

• (1) As soon as reasonably practicable after the end of each financial year the IBCA must prepare a report on the exercise of its functions during that financial year.

• (2) The IBCA must send the report to the Secretary of State or the Minister for the Cabinet Office.

• (3) The Secretary of State or the Minister for the Cabinet Office must lay the report before Parliament.

Accounts and audit

14

• (1) The IBCA must—

• (a) keep proper accounts and proper records in relation to them, and

• (b) prepare a statement of accounts in respect of each financial year in the form specified by the Secretary of State or the Minister for the Cabinet Office.

• (2) The IBCA must send a copy of each statement of accounts to the Secretary of State or the Minister for the Cabinet Office, and the Comptroller and Auditor General, as soon as practicable after the end of the financial year to which the statement relates.

• (3) The Comptroller and Auditor General must—

• (a) examine, certify and report on each statement of accounts, and

• (b) send a copy of each report and certified statement to the Secretary of State or the Minister for the Cabinet Office.

• (4) The Secretary of State or the Minister for the Cabinet Office must lay before Parliament a copy of each such report and certified statement.

Meaning of “financial year”

15

In this Schedule “financial year” means—

• (a) the period beginning with the date on which the IBCA is established and ending with 31 March following that date, and

• (b) each successive period of 12 months.

Provision of information

16

The IBCA must provide to the Secretary of State or the Minister for the Cabinet Office such information relating to the IBCA’s functions as they may request.

Status

17

• (1) The IBCA is not to be regarded—

• (a) as the servant or agent of the Crown, or

• (b) as enjoying any status, immunity or privilege of the Crown.

• (2) The IBCA’s property is not to be regarded as property of, or property held on behalf of, the Crown.

• (3) Service as a member, or a member of staff, of the IBCA is not service in the civil service of the State.

Seal and evidence

18

• (1) The application of the IBCA’s seal must be authenticated by a signature of—

• (a) a member of the IBCA, or

• (b) another person authorised for that purpose by the IBCA.

• (2) A document purporting to be duly executed under the IBCA’s seal or signed on its behalf—

• (a) is to be received in evidence, and

• (b) is to be taken to be executed or signed in that way, unless the contrary is shown.

• (3) But this paragraph does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

Supplementary powers

19

The IBCA may do anything it thinks appropriate for the purposes of, or in connection with, its functions.

Part 2 — Transfer schemes

Power to make transfer schemes

20

• (1) The Secretary of State or the Minister for the Cabinet Office may make one or more schemes (“transfer schemes”) for the purpose of transferring to the IBCA such property, rights and liabilities of a relevant person as the Secretary of State or Minister considers appropriate for the purposes of enabling the IBCA to carry out its functions under or by virtue of this Act.

• (2) In this paragraph “relevant person” means—

• (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.)).

• (3) A transfer scheme may not be made—

• (a) in relation to a relevant person within sub-paragraph (2)(d), (e) or (f), unless the Welsh Ministers consent;

• (b) in relation to a relevant person within sub-paragraph (2)(g) or (h), unless the Scottish Ministers consent;

• (c) in relation to a relevant person within sub-paragraph (2)(i) or (j), unless the Department of Health in Northern Ireland consents.

• (4) The things that may be transferred under a transfer scheme include—

• (a) property, rights and liabilities that could not otherwise be transferred;

• (b) property acquired, and rights and liabilities arising, after the making of the scheme;

• (c) criminal liabilities.

• (5) A transfer scheme may make supplementary, incidental, transitional or consequential provision and may, in particular—

• (a) create rights, or impose liabilities, in relation to property or rights transferred;

• (b) make provision about the continuing effect of things done by a relevant person in respect of anything transferred;

• (c) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of, or in relation to, a relevant person in respect of anything transferred;

• (d) make provision for references to an interim compensation authority in an instrument or other document in respect of anything transferred to be treated as references to the IBCA;

• (e) make provision for the shared ownership or use of property;

• (f) make provision which is the same as or similar to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246);

• (g) make other supplemental, incidental, transitional or consequential provision.

• (6) A transfer scheme may provide for—

• (a) modifications by agreement;

• (b) modifications to have effect from the date when the original scheme came into effect.

• (7) For the purposes of this paragraph—

• (a) references to rights and liabilities include rights and liabilities relating to a contract of employment;

• (b) references to the transfer of property include the grant of a lease.

• (8) For the purposes of sub-paragraph (7)—

• (a) an individual who holds employment in the civil service is to be treated as employed by virtue of a contract of employment, and

• (b) the terms of the individual’s employment in the civil service of the State are to be regarded as constituting the terms of the contract of employment.

Tax treatment of transfer schemes

21

• (1) The Treasury may by regulations make provision varying the way in which a relevant tax has effect in relation to—

• (a) anything transferred under a scheme under paragraph 20, or

• (b) anything done for the purposes of, or in relation to, a transfer under such a scheme.

• (2) The provision which may be made under sub-paragraph (1)(a) includes in particular provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything transferred;

• (b) anything transferred to be treated in a specified way for the purposes of a tax provision;

• (c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything transferred.

• (3) The provision which may be made under sub-paragraph (1)(b) includes in particular provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of or in relation to the transfer;

• (b) anything done for the purposes of, or in relation to, the transfer to have or not have a specified consequence or be treated in a specified way;

• (c) the Secretary of State or the Minister for the Cabinet Office to be required or permitted to determine, or specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, the transfer.

• (4) In this paragraph references to the transfer of property include the grant of a lease.

• (5) In this paragraph—

• “relevant tax” means income tax, corporation tax, capital gains tax, value added tax, stamp duty or stamp duty reserve tax;

• “tax provision” means any legislation about a relevant tax.

Part 3 — Amendments

Public Records Act 1958 (c. 51)

22

In Part 2 of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (establishments and organisations whose records are public records), at the appropriate place insert—

• The Infected Blood Compensation Authority.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

23

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

• (a) in paragraph 1 (bodies in England and Wales to which the Act applies), at the end insert—

(r) the Infected Blood Compensation Authority.

;

• (b) in paragraph 2 (bodies in Scotland to which the Act applies), at the end insert—

(g) the Infected Blood Compensation Authority.

Parliamentary Commissioner Act 1967 (c. 13)

24

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), at the appropriate place insert—

• The Infected Blood Compensation Authority.

House of Commons Disqualification Act 1975 (c. 24)

25

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—

• The Infected Blood Compensation Authority.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

26

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies all members of which are disqualified), at the appropriate place insert—

• The Infected Blood Compensation Authority.

Freedom of Information Act 2000 (c. 36)

27

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies), at the appropriate place insert—

• The Infected Blood Compensation Authority.

Equality Act 2010 (c. 15)

28

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to the public sector equality duty), under the heading “Health, social care and social security”, at the appropriate place insert—

• The Infected Blood Compensation Authority.

Schedule 2

Before Schedule 19 to the Criminal Justice Act 2003 insert—

Meaning of “victim”

The victims’ code

Preparing and issuing the victims’ code

Revising the victims’ code

Code compliance

Code awareness and reviewing compliance: criminal justice bodies

Arrangements for collection of victims’ feedback

Reviewing code compliance: elected local policing bodies

Code awareness and reviewing compliance: British Transport Police

Code awareness and reviewing compliance: Ministry of Defence Police

Reviewing code compliance: Secretary of State and Attorney General

Guidance on code awareness and reviewing compliance

Duty to collaborate in exercise of victim support functions

Strategy for collaboration in exercise of victim support functions

Guidance on collaboration in exercise of victim support functions

Guidance about specified victim support roles

Disclosures by victims that cannot be precluded by agreement

Restricting parental responsibility where one parent kills the other

Domestic abuse related death reviews

Child victims of domestic abuse

Victim impact statements to mental health tribunals (restricted patients)

Commissioner for Victims and Witnesses

His Majesty’s Chief Inspector of Prisons

His Majesty’s Chief Inspector of Constabulary

His Majesty’s Chief Inspector of the Crown Prosecution Service

His Majesty’s Chief Inspector of Probation for England and Wales

Parliamentary Commissioner for Administration

Information relating to victims

Information relating to victims: service police etc

Review of provisions relating to counselling information requests

Right to erasure of personal data in the UK

Data protection

Consequential provision

Meaning of “major incident” etc

Appointment of standing advocate

Appointment of advocates in respect of major incidents

Terms of appointment

Appointment of more than one advocate in respect of same major incident

Infected blood compensation scheme

Role of advocates under Part 1 of the Coroners and Justice Act 2009

Reports to the Secretary of State

Publication of reports

Information sharing and data protection

Guidance for advocates

Consequential amendments

Review of duty of candour in relation to major incidents

Review of operation of Part 2

Infected Blood Compensation Authority

Infected blood compensation scheme

Payments

Applications and procedure

Reviews and appeals

Information: infected blood compensation scheme

Duty to co-operate with the IBCA

Provision of support and assistance

Payments to personal representatives of qualifying infected persons

Information: payments to personal representatives

Public protection decisions: life prisoners

Public protection decisions: fixed-term prisoners

Amendment of power to change test for release on licence of certain prisoners

Referral of release decisions: life prisoners

Section 3 of the Human Rights Act 1998: fixed-term prisoners

Licence conditions of life prisoners released following referral

Licence conditions of fixed-term prisoners released following referral

Assessing etc risks posed by controlling or coercive offenders