Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
LORDS AMENDMENTS TO CERTAIN commons AMENDMENTS
[The page and line references are to Bill 115, the bill as first printed for the Commons.]
After Clause 29
COMMONS AMENDMENT 17
17
Insert the following new Clause—

“Awards of costs

(1)
This section applies where—

(a)
a relevant claim is made against a person (“the defendant”),

(b)
the defendant was a relevant publisher at the material time, and

(c)
the claim is related to the publication of news-related material.

(2)
If the defendant was a member of an approved regulator at the time when

the claim was commenced (or was unable to be a member at that time for

reasons beyond the defendant’s control or it would have been

unreasonable in the circumstances for the defendant to have been a

member at that time), the court must not award costs against the defendant

unless satisfied that—

(a)
the issues raised by the claim could have been resolved by using an

arbitration scheme of the approved regulator, or

(b)
it is just and equitable in all the circumstances of the case to award

costs against the defendant.

(3)
If the defendant was not a member of an approved regulator at the time

when the claim was commenced (but would have been able to be a member

at that time and it would have been reasonable in the circumstances for the

defendant to have been a member at that time), the court must award costs

against the defendant unless satisfied that—

Bill 156 55/2

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(a)
the issues raised by the claim could not have been resolved by using

an arbitration scheme of the approved regulator (had the defendant

been a member), or

(b)
it is just and equitable in all the circumstances of the case to make a

different award of costs or make no award of costs.

(4)
For the purposes of subsections (2) and (3), a claim could have been

resolved by using an arbitration scheme of an approved regulator if, at the

time when the claim was commenced, the approved regulator had

arrangements in place for an arbitration scheme under which the claim

could have been referred for determination by an arbitrator appointed

under the scheme.

(5)
The Secretary of State must take steps to put in place arrangements for

protecting the position in costs of parties to relevant claims who have

entered into agreements under section 58 of the Courts and Legal Services

Act 1990.

(6)
This section is not to be read as limiting any power to make rules of court.

(7)
This section does not apply until such time as a body is first recognised as

an approved regulator.”

LORDS AGREEMENT AND AMENDMENTS TO THE COMMONS AMENDMENT
The Lords agree with the Commons in their Amendment 17, and do propose Amendments

17A and 17B as amendments thereto—
17A
Line 13, after “could” insert “not”
17B
Line 27, leave out subsection (4)
After Schedule 14
COMMONS AMENDMENT 131
131
Insert the following new Schedule—

“Exclusions from definition of “relevant publisher”

Broadcasters

1
The British Broadcasting Corporation.

2
Sianel Pedwar Cymru.

3
The holder of a licence under the Broadcasting Act 1990 or 1996 who

publishes news-related material in connection with the broadcasting

activities authorised under the licence.

Special interest titles

4
A person who publishes a title that—

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(a)
relates to a particular pastime, hobby, trade, business, industry

or profession, and

(b)
only contains news-related material on an incidental basis that is

relevant to the main content of the title.

Scientific or academic journals

5
A person who publishes a scientific or academic journal that only

contains news-related material on an incidental basis that is relevant to

the scientific or academic content.

Public bodies and charities

6    (1)
A public body or charity that publishes news-related material in

connection with the carrying out of its functions.

      (2)
“Public body” means a person or body whose functions are of a public

nature.

Company news publications etc

7
A person who publishes a newsletter, circular or other document

which—

(a)
relates to a business carried on by the person, and

(b)
only contains news-related material on an incidental basis that is

relevant to the person’s business.

Book publishers

8    (1)
A person who is the publisher of a book.

      (2)
“Book” does not include any title published on a periodic basis with

substantially different content.”

LORDS AGREEMENT AND AMENDMENT TO THE COMMONS AMENDMENT
The Lords agree with the Commons in their Amendment 131, and do propose Amendment

131A as an amendment thereto—
131A
Line 29, at end insert—

“Small-scale blogs

7A
A person who publishes a small-scale blog.”

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