House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 2 November 2011
1082

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Simon Hughes

Tom Brake

Mike Crockart

Mr John Leech

Dr Julian Huppert

Not called  148

Page  21,  line  7,  leave out Clause 26.

Secretary Kenneth Clarke

Agreed to  1

Page  24,  line  26  [Clause  32],  after ‘conviction’, insert ‘—

(i)
in England and Wales, to imprisonment for a term not exceeding

12 months or a fine not exceeding the statutory maximum (or

both), and

(ii)
in Northern Ireland’.

Secretary Kenneth Clarke

Agreed to  2

Page  24,  line  35  [Clause  32],  at end insert—

‘( )
In relation to an offence under this section committed before the commencement

of section 154(1) of the Criminal Justice Act 2003, the reference in subsection

(4)(b)(i) to 12 months has effect as if it were a reference to 6 months.’.

Secretary Kenneth Clarke

Agreed to  25

Page  28,  line  18  [Clause  38],  leave out ‘modify’ and insert ‘amend or repeal a

provision of’.

Secretary Kenneth Clarke

Agreed to  26

Page  28,  line  35  [Clause  39],  after ‘regulations’ insert ‘(except in Schedule

[Northern Ireland: information about financial resources])’.

Secretary Kenneth Clarke

Agreed to  27

Page  28,  line  37  [Clause  39],  at end insert ‘(except in Schedule [Northern Ireland:

information about financial resources])’.

Kate Green

Mrs Madeleine Moon

Not called  69

Page  130,  line  36  [Schedule  4],  at end insert—

‘(3A)
A transfer scheme shall make pension provision and compensation provision for

and in respect of persons who become employed in the civil service of the State

Report Stage Proceedings: 2 November 2011
1083

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

under paragraph 1 which is at least as favourable as the pension provision and

compensation provision applicable to them immediately before they ceased to be

employees of the Legal Services Commission.’.

Secretary Kenneth Clarke

Agreed to  64

Page  131,  line  8  [Schedule  4],  at end insert—

  ‘(6A)
A transfer scheme may, so far as is necessary for giving effect to that scheme,

provide that an enactment that applies in relation to compensation schemes or

occupational pension schemes applies to a compensation scheme or

occupational pension scheme that is the subject of the transfer scheme, the

members of such a scheme or the transferee with modifications specified in the

transfer scheme.

    (6B)
A transfer scheme may—

(a)
amend or otherwise modify a compensation scheme that is the subject

of the transfer scheme, and

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with such a scheme.

    (6C)
The power under sub-paragraph (6B) includes power to amend or otherwise

modify any instrument relating to the constitution, management or operation

of a compensation scheme.

    (6D)
Transfer schemes amending or otherwise modifying a compensation scheme

have effect in spite of any provision (of any nature) which would otherwise

prevent or restrict the amendment or modification.

    (6E)
A transfer scheme may include consequential, incidental, supplementary,

transitional, transitory and saving provision.’.

Kate Green

Not called  71

Page  131,  line  9  [Schedule  4],  at end insert—

‘“compensation provision” means the provision of compensation under a

compensation scheme;’.

Kate Green

Not called  70

Page  131,  line  14  [Schedule  4],  at end insert—

‘“pension provision” means the provision of pension and other benefits

under an occupational pension scheme;’.

Secretary Kenneth Clarke

Agreed to  65

Page  131,  line  15  [Schedule  4],  at end insert—

‘Power to merge LSC occupational pension schemes

4A  (1)
The Lord Chancellor may make a scheme providing for the merger of LSC

occupational pension schemes.

      (2)
A scheme under this paragraph may in particular—

(a)
provide for the assets and liabilities of one LSC occupational pension

scheme to become assets and liabilities of another,

Report Stage Proceedings: 2 November 2011
1084

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(b)
create, modify or remove rights, powers, duties or liabilities under or

in connection with an LSC occupational pension scheme,

(c)
provide for the winding up of an LSC occupational pension scheme,

(d)
provide for references to one LSC occupational pension scheme in a

document, including an enactment, to have effect as references to

another, and

(e)
include consequential, incidental, supplementary, transitional,

transitory and saving provision.

      (3)
A scheme under this paragraph may in particular amend or otherwise

modify—

(a)
the trust deed of an LSC occupational pension scheme,

(b)
rules of an LSC occupational pension scheme, and

(c)
any other instrument relating to the constitution, management or

operation of an LSC occupational pension scheme.

      (4)
A scheme under this paragraph must ensure that the merger of the LSC

occupational pension schemes does not, to any extent, deprive members of the

LSC occupational pension schemes, or other beneficiaries under those

schemes, of rights that accrue to them under those schemes before the merger

takes effect.

      (5)
Subject to sub-paragraph (4), a scheme under this paragraph has effect in spite

of any provision (of any nature) which would otherwise prevent the merger of

the LSC occupational pension schemes.

      (6)
In this paragraph—

“LSC occupational pension scheme” means an occupational pension

scheme under which—

(a)
the LSC has rights, powers, duties or liabilities, or

(b)
the Lord Chancellor or the Secretary of State has rights, powers,

duties or liabilities by virtue of a scheme under paragraph 4(3);

“occupational pension scheme” has the same meaning as in the Pension

Schemes Act 1993.’.

Secretary Kenneth Clarke

Agreed to  137

Page  133,  line  3  [Schedule  4],  leave out ‘or transitional’ and insert ‘transitional,

transitory or saving’.

Secretary Kenneth Clarke

Agreed to  66

Page  133,  line  3  [Schedule  4],  after ‘with’, insert ‘—

(a)
’.

Secretary Kenneth Clarke

Agreed to  67

Page  133,  line  4  [Schedule  4],  after ‘by’, insert ‘this Schedule’.

Secretary Kenneth Clarke

Agreed to  68

Page  133,  line  4  [Schedule  4],  after ‘or’, insert—

‘(b)
schemes made’.

Report Stage Proceedings: 2 November 2011
1085

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Secretary Kenneth Clarke

Agreed to  138

Page  133,  line  7  [Schedule  4],  leave out from ‘Schedule’ to end of line 8.

Secretary Kenneth Clarke

Agreed to  19

Page  144,  line  31  [Schedule  5],  at end insert—

‘Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 51.’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 2

Interpretation

Tom Brake

Mike Crockart

Mr John Leech

Not selected  NC29

To move the following Clause:—

‘(1)
In this part—

“defamation” means “libel, slander or malicious falsehood”;

“privacy” means “the misuse of private information”;

“proceedings” includes any sort of proceedings for resolving disputes (and
5
not just proceedings in court), whether commenced or contemplated.’.

As an Amendment to Tom Brake’s proposed New Clause (Interpretation) (NC29):—

Simon Hughes

Not selected  (a)

Leave out lines 2 and 3.

Report Stage Proceedings: 2 November 2011
1086

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Interpretation (No. 2)

Tom Brake

Chris Bryant

Simon Hughes

Mike Crockart

Dr Julian Huppert

Mr John Leech

Mr Adrian Sanders

Mr David Ward

Annette Brooke

Martin Horwood

Not selected  NC44

To move the following Clause:—

‘In this part, “proceedings” includes any sort of proceedings for resolving

disputes (and not just proceedings in court), whether commenced or

contemplated.’.

Mr Andy Slaughter

Negatived on division  21

Page  29,  line  6,  leave out Clause 41.

Lisa Nandy

Lorely Burt

Greg Mulholland

Caroline Lucas

Anas Sarwar

Joan Ruddock

Not called  150

Page  29,  line  36  [Clause  41],  at end insert—

‘(4A)
The amendments made by subsections (2) and (4) do not apply in relation to

proceedings which include a claim for damages for loss or bodily injury resulting

from exposure to a harmful substance or process where the claim is made against

a person who—

(a)
carries on business in more than one country, or

(b)
owns (wholly or partly) one or more businesses carried on in more than

one country or in different countries.’.

Tom Brake

Mike Crockart

Not selected  152

Page  29,  line  36  [Clause  41],  at end insert—

‘(4A)
The amendments made by subsections (2) and (4) do not apply in relation to a

success fee payable under a conditional fee agreement made in relation to—

(a)
any proceedings in relation to the torts of defamation or privacy;

(b)
any proceedings arising out of the same cause of action as any
5
proceedings to which sub-paragraph (a) refers.’.

As an Amendment to Tom Brake’s proposed Amendment (No. 152):—

Report Stage Proceedings: 2 November 2011
1087

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Simon Hughes

Not selected  (a)

Line  3,  leave out ‘the torts of defamation or privacy’ and insert ‘a claim for—

(i)
libel;

(ii)
slander;

(iii)
misuse of private information;’.

Tom Brake

Chris Bryant

Simon Hughes

Mike Crockart

Dr Julian Huppert

Mr John Leech

Mr Adrian Sanders

Mr David Ward

Annette Brooke

Martin Horwood

Not called  164

Page  29,  line  36  [Clause  41],  at end insert—

‘(4A)
The amendments made by subsections (2) and (4) do not apply in relation to a

success fee payable under a conditional fee agreement made in relation to—

(a)
any proceedings in relation to a claim for—

(i)
libel,

(ii)
slander,

(iii)
misuse of private information;

(b)
any proceedings arising out of the same cause of action as any

proceedings to which sub-paragraph (a) refers.’.

Chris Bryant

Mr Tom Watson

Siobhain McDonagh

Mr Andy Slaughter

Diana Johnson

Mrs Sharon Hodgson

Catherine McKinnell

Mr Wayne David

Tom Brake

Owen Smith

Mr Iain Wright

Emma Reynolds

Rushanara Ali

Ian Austin

Negatived on division  163

Page  29,  line  41  [Clause  41],  at end insert—

‘(7)
The amendments made by subsections (2) and (4) do not apply in relation to a

success fee payable under a conditional fee agreement made in relation to—

(a)
any proceedings based on a claim of defamation; or

(b)
any proceedings based on a claim of privacy under Article 8 of the

European Convention on Human Rights; or

(c)
any proceedings arising out of the same cause of action as any

proceedings to which paragraphs (a) or (b) refer.’.

Mr Andy Slaughter

Not called  22

Page  31,  line  1,  leave out Clause 43.

Report Stage Proceedings: 2 November 2011
1088

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Lisa Nandy

Lorely Burt

Greg Mulholland

Caroline Lucas

Anas Sarwar

Joan Ruddock

Not called  151

Page  31,  line  45  [Clause  43],  at end insert—

‘(6)
This section does not apply in relation to a costs order made in favour of a party

to proceedings which include a claim for damages for loss or bodily injury

resulting from exposure to a harmful substance or process where the claim is

made against a person who—

(a)
carries on business in more than one country, or

(b)
owns (wholly or partly) one or more businesses carried on in more than

one country or in different countries.’.

Tom Brake

Mike Crockart

Not selected  153

Page  32,  line  4  [Clause  43],  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings in a cause of action in relation to the torts

of defamation or privacy.’.

As an Amendment to Tom Brake’s proposed Amendment (No. 153):—

Simon Hughes

Not selected  (a)

Line  2,  leave out ‘the torts of defamation or privacy’ and insert ‘a claim for—

(i)
libel;

(ii)
slander;

(iii)
misuse of private information.’.

Tom Brake

Chris Bryant

Simon Hughes

Mike Crockart

Dr Julian Huppert

Mr John Leech

Mr Adrian Sanders

Mr David Ward

Annette Brooke

Martin Horwood

Not called  165

Page  32,  line  4  [Clause  43],  at end insert—

‘(4)
The amendments made by this section do not apply in relation to a costs order

made in favour of a party to proceedings in a cause of action in relation to a claim

for—

(a)
libel,

(b)
slander,



© Parliamentary copyright	Revised 3 November 2011