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| | Clause 13, page 8, line 5, at end add “‘reinsurer” means a person who, at any time |
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| | during the reference period, was a person offering reinsurance to active insurers or their |
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| | reinsurers in respect of employers’ liability insurance and includes retrocessionaires.’. |
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| | Clause 14, page 8, line 7, after ‘insurer’, insert ‘or reinsurer’. |
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| | Clause 14, page 8, line 10, after ‘insurer’, insert ‘or reinsurer’. |
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| | Clause 14, page 8, line 12, after ‘insurer’, insert ‘or reinsurer’. |
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| | Clause 14, page 8, line 13, after ‘insurer’, insert ‘or reinsurer’. |
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| | Clause 14, page 8, line 14, after ‘insurer’, insert ‘or reinsurer’. |
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| | Clause 14, page 8, line 18, after subsection (4) add— |
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| | | (a) | “active insurer” means a person who, at any time during the reference |
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| | | period, was an authorised insurer within the meaning of the compulsory |
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| | | insurance legislation, and |
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| | | (b) | “reinsurer” means a person who, at any time during the reference period, |
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| | | was a person offering reinsurance to active insurers or their reinsurers in |
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| | | respect of employers’ liability insurance and includes retrocessionaires.’. |
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| | Clause 15, page 8, line 32, after ‘court’, insert ‘or which is an issue in proceedings |
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| | which are before a court’. |
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| | Clause 16, page 9, line 18, after ‘arbitration’, insert ‘or to the relevant court’. |
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| | Clause 16, page 9, line 30, at end add— |
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| | | ‘(6) | In this section “the relevant court” means— |
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| | | (a) | the High Court in England and Wales or Northern Ireland, or |
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| | | (b) | the Court of Session in Scotland.’. |
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| | Clause 17, page 9, line 35, leave out ‘(the scheme)’. |
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| | Clause 18, page 10, line 5, after ‘scheme’, insert— |
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| | | “‘applicant” means a person applying for a payment under the scheme.’. |
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| | Clause 18, page 10, line 32, after second ‘Scheme’, insert ‘established in |
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| | accordance with section 1;’. |
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| | Clause 21, page 11, line 19, leave out ‘Mesothelioma Act 2013’ and insert ‘Diffuse |
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| | Mesothelioma Payment Scheme Act 2013’. |
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| | | Annual report to Parliament |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall prepare and lay before Parliament an annual report |
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| | | (2) | The report to which reference is made in subsection (1) shall include, in |
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| | | particular, an assessment of the extent to which the scheme has caused or |
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| | | contributed to any rise in premiums payable for employers’ liability insurance.’. |
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| | Clause 4, page 3, line 4, at end insert ‘but shall not be less than 100 per cent of the |
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| | average civil compensation recovered by mesothelioma claimants.’. |
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| | Clause 1, page 1, line 6, at end insert ‘; and for funding research into mesothelioma |
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| | (through the research supplement under section [Research supplement]).’. |
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| | Clause 13, page 7, line 10, at end insert— |
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| | | ‘( ) | The regulations mentioned in subsection (1) must provide for the levy to include |
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| | | a research supplement in accordance with section [Research supplement] (in |
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| | | addition to the amounts set for the purpose specified in subsection (1)).’. |
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| | Clause 13, page 7, line 11, after ‘levy’, insert ‘(not including the research |
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| | Clause 13, page 7, line 16, after ‘levy’, insert ‘(not including the research |
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| | Clause 13, page 7, line 18, after ‘levy’, insert ‘(not including the research |
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| | To move the following Clause:— |
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| | | ‘(1) | This section makes provision about the research supplement mentioned in section |
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| | | (2) | The research supplement— |
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| | | (a) | must be expressed by regulations under section 13 as a percentage of the |
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| | | amount set for the purpose specified in section 13(1) in accordance with |
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| | | section 13(2) to (5); and |
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| | | (b) | may not exceed 1 per cent of that amount. |
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| | | (3) | Regulations under section 13 must include provision about the application of the |
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| | | research supplement; in particular, the regulations— |
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| | | (a) | must include provision for amounts raised by way of the research |
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| | | supplement to be applied by way of grants or other financial assistance |
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| | | for research into mesothelioma; |
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| | | (b) | must require the scheme administrator to make arranagements for the |
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| | | application of the research supplement; |
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| | | (c) | may allow the scheme administrator to arrange for a body which handles |
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| | | applications for research funding to administer the research supplement |
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| | | on the scheme administrator’s behalf; |
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| | | (d) | may allow receipts by way of research supplement in respect of one |
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| | | period to be held for allocation in a later period, and for investment of |
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| | | receipts pending allocation. |
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| | | (4) | Before making regulations in respect of the research supplement the Secretary of |
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| | | (b) | medical charities and research foundations; and |
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| | | (c) | other persons or bodies who the Secretary of State thinks are likely to be |
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| | | Payments for legal services in civil cases: diffuse mesothelioma proceedings |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
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| | | (Sections 44 and 46 and diffuse mesothelioma proceedings) is amended as |
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| | | (2) | In subsection (1), omit from “mesothelioma” to the end of the subsection |
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| | | (including paragraphs (a) and (b)).’. |
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| | Clause 1, page 1, line 4, after ‘Mesothelioma’, insert ‘Pleural Plaques’. |
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| | Clause 1, page 1, line 6, at end add ‘and |
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| | | (c) | people with pleural plaques.’. |
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| | Clause 1, page 1, line 15, leave out ‘25 July 2012’ and insert ‘4 April 1979’. |
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| | Clause 1, page 1, line 15, leave out ‘25 July 2012’ and insert ‘10 February 2010’. |
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| | Clause 3, page 2, line 44, leave out ‘25 July 2012’ and insert ‘4 April 1979’. |
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| | Clause 3, page 2, line 44, leave out ‘25 July 2012’ and insert ‘10 February 2010’. |
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| | Clause 4, page 3, line 4, at end insert ‘but shall not be less than 100 per cent of the |
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| | average damages recovered in civil mesothelioma cases.’. |
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| | Clause 4, page 3, line 4, at end insert ‘but shall not be less than 110 per cent of the |
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| | average damages recovered in civil mesothelioma cases.’. |
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| | Clause 15, page 8, line 22, after ‘which’, insert ‘must have a membership including |
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| | representatives of the insurers, the potential insurance claimaints and employers, and’. |
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| | Clause 15, page 8, line 40, at end insert ‘which must include at least one |
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| | representative of each of the parties mentioned in subsection (1).’. |
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| | | Establishing additional schemes: pleural plaques |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall, within twelve months of any scheme under this Act |
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| | | being implemented, prepare and lay before each House of Parliament a report |
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| | | assessing the costs and benefits of extending the scheme to— |
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| | | (a) | eligible people with pleural plaques; and |
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| | | (b) | eligible people with other asbestos-related industrial diseases |
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| | | where there are unresolved insurance disputes.’. |
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