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Crime and Courts Bill [HL] |
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LORDS AMENDMENTS TO CERTAIN commons AMENDMENTS |
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[The page and line references are to Bill 115, the bill as first printed for the Commons.] |
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17 | Insert the following new Clause— |
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| (1) | This section applies where— |
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| (a) | a relevant claim is made against a person (“the defendant”), |
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| (b) | the defendant was a relevant publisher at the material time, and |
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| (c) | the claim is related to the publication of news-related material. |
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| (2) | If the defendant was a member of an approved regulator at the time when |
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| the claim was commenced (or was unable to be a member at that time for |
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| reasons beyond the defendant’s control or it would have been |
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| unreasonable in the circumstances for the defendant to have been a |
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| member at that time), the court must not award costs against the defendant |
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| (a) | the issues raised by the claim could have been resolved by using an |
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| arbitration scheme of the approved regulator, or |
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| (b) | it is just and equitable in all the circumstances of the case to award |
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| costs against the defendant. |
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| (3) | If the defendant was not a member of an approved regulator at the time |
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| when the claim was commenced (but would have been able to be a member |
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| at that time and it would have been reasonable in the circumstances for the |
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| defendant to have been a member at that time), the court must award costs |
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| against the defendant unless satisfied that— |
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| (a) | the issues raised by the claim could not have been resolved by using |
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| an arbitration scheme of the approved regulator (had the defendant |
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| (b) | it is just and equitable in all the circumstances of the case to make a |
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| different award of costs or make no award of costs. |
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| (4) | For the purposes of subsections (2) and (3), a claim could have been |
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| resolved by using an arbitration scheme of an approved regulator if, at the |
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| time when the claim was commenced, the approved regulator had |
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| arrangements in place for an arbitration scheme under which the claim |
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| could have been referred for determination by an arbitrator appointed |
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| (5) | The Secretary of State must take steps to put in place arrangements for |
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| protecting the position in costs of parties to relevant claims who have |
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| entered into agreements under section 58 of the Courts and Legal Services |
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| (6) | This section is not to be read as limiting any power to make rules of court. |
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| (7) | This section does not apply until such time as a body is first recognised as |
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| The Lords agree with the Commons in their Amendment 17, and do propose Amendments |
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| 17A and 17B as amendments thereto— |
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17A | Line 13, after “could” insert “not” |
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17B | Line 27, leave out subsection (4) |
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131 | Insert the following new Schedule— |
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| “Exclusions from definition of “relevant publisher” |
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| 1 | The British Broadcasting Corporation. |
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| 3 | The holder of a licence under the Broadcasting Act 1990 or 1996 who |
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| publishes news-related material in connection with the broadcasting |
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| activities authorised under the licence. |
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| 4 | A person who publishes a title that— |
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| (a) | relates to a particular pastime, hobby, trade, business, industry |
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| (b) | only contains news-related material on an incidental basis that is |
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| relevant to the main content of the title. |
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| Scientific or academic journals |
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| 5 | A person who publishes a scientific or academic journal that only |
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| contains news-related material on an incidental basis that is relevant to |
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| the scientific or academic content. |
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| Public bodies and charities |
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| 6 (1) | A public body or charity that publishes news-related material in |
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| connection with the carrying out of its functions. |
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| (2) | “Public body” means a person or body whose functions are of a public |
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| Company news publications etc |
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| 7 | A person who publishes a newsletter, circular or other document |
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| (a) | relates to a business carried on by the person, and |
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| (b) | only contains news-related material on an incidental basis that is |
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| relevant to the person’s business. |
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| 8 (1) | A person who is the publisher of a book. |
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| (2) | “Book” does not include any title published on a periodic basis with |
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| substantially different content.” |
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| The Lords agree with the Commons in their Amendment 131, and do propose Amendment |
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| 131A as an amendment thereto— |
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131A | |
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| 7A | A person who publishes a small-scale blog.” |
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