|
|
| |
| |
|
| |
| | |
|
| Clause 13, page 7, line 10, at end insert— |
|
| | ‘( ) | The regulations mentioned in subsection (1) must provide for the levy to include |
|
| | a research supplement in accordance with section [Research supplement] (in |
|
| | addition to the amounts set for the purpose specified in subsection (1)).’. |
|
| |
| | |
|
| Clause 13, page 7, line 11, after ‘levy’, insert ‘(not including the research |
|
| |
| |
| | |
|
| Clause 13, page 7, line 16, after ‘levy’, insert ‘(not including the research |
|
| |
| |
| | |
|
| Clause 13, page 7, line 18, after ‘levy’, insert ‘(not including the research |
|
| |
| |
| | |
|
| Clause 13, page 7, line 23, after ‘insurers’, insert ‘and reinsurers’. |
|
| |
| | |
|
| Clause 13, page 7, line 28, after ‘insurers’, insert ‘and reinsurers’. |
|
| |
| | |
|
| Clause 13, page 7, line 40, leave out ‘with whom to make arrangements’. |
|
| |
| | |
|
| Clause 13, page 8, line 5, at end add “‘reinsurer” means a person who, at any time |
|
| during the reference period, was a person offering reinsurance to active insurers or their |
|
| reinsurers in respect of employers’ liability insurance and includes retrocessionaires.’. |
|
| |
| |
| | |
|
| Clause 14, page 8, line 7, after ‘insurer’, insert ‘or reinsurer’. |
|
| |
| | |
|
| Clause 14, page 8, line 10, after ‘insurer’, insert ‘or reinsurer’. |
|
|
|
| |
| |
|
| |
| | |
|
| Clause 14, page 8, line 12, after ‘insurer’, insert ‘or reinsurer’. |
|
| |
| | |
|
| Clause 14, page 8, line 13, after ‘insurer’, insert ‘or reinsurer’. |
|
| |
| | |
|
| Clause 14, page 8, line 14, after ‘insurer’, insert ‘or reinsurer’. |
|
| |
| | |
|
| Clause 14, page 8, line 18, after subsection (4) add— |
|
| | |
| | (a) | “active insurer” means a person who, at any time during the reference |
|
| | period, was an authorised insurer within the meaning of the compulsory |
|
| | insurance legislation, and |
|
| | (b) | “reinsurer” means a person who, at any time during the reference period, |
|
| | was a person offering reinsurance to active insurers or their reinsurers in |
|
| | respect of employers’ liability insurance and includes retrocessionaires.’. |
|
| |
| |
| | |
|
| Clause 15, page 8, line 22, after ‘which’, insert ‘must have a membership including |
|
| representatives of the insurers, the potential insurance claimaints and employers, and’. |
|
| |
| | |
|
| Clause 15, page 8, line 32, after ‘court’, insert ‘or which is an issue in proceedings |
|
| which are before a court’. |
|
| |
| | |
|
| Clause 15, page 8, line 40, at end insert ‘which must include at least one |
|
| representative of each of the parties mentioned in subsection (1).’. |
|
| |
| |
| | |
|
| Clause 16, page 9, line 18, after ‘arbitration’, insert ‘or to the relevant court’. |
|
| |
| | |
|
| Clause 16, page 9, line 30, at end add— |
|
| | ‘(6) | In this section “the relevant court” means— |
|
|
|
| |
| |
|
| | (a) | the High Court in England and Wales or Northern Ireland, or |
|
| | (b) | the Court of Session in Scotland.’. |
|
| |
| |
| | |
|
| Clause 17, page 9, line 35, leave out ‘(the scheme)’. |
|
| |
| |
| | |
|
| Clause 18, page 10, line 5, after ‘scheme’, insert— |
|
| | “‘applicant” means a person applying for a payment under the scheme.’. |
|
| |
| | |
|
| Clause 18, page 10, line 32, after second ‘Scheme’, insert ‘established in |
|
| accordance with section 1;’. |
|
| |
| |
| | |
|
| Clause 18, page 10, line 45, leave out subsection (3) and insert— |
|
| | ‘(3) | In specifying circumstances in which a person is, or is not to be treated as, eligible |
|
| | to bring an action for the purposes of section 2(1)(d), or section 3(1)(c), the |
|
| | scheme shall ensure consistency with the definition of eligibility in section 2 and |
|
| | |
| |
| |
| | |
|
| Clause 21, page 11, line 19, leave out ‘Mesothelioma Act 2013’ and insert ‘Diffuse |
|
| Mesothelioma Payment Scheme Act 2013’. |
|
| |
| | |
|
| Clause 21, page 11, line 20, leave out subsection (2). |
|
| |
|
|
| |
| |
|
| |
| | Establishing additional schemes |
|
| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘The Secretary of State shall within a year of this Act being brought into force, |
|
| | prepare and lay before each House of Parliament a report setting out the |
|
| | Government’s proposals with regard to the establishment of additional schemes |
|
| | for asbestos-related industrial diseases, as prescribed under the Pneumoconiosis |
|
| | etc. (Workers’ Compensation) Act 1979, where there are unresolved insurance |
|
| | |
| |
| | |
| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘Schedule 3 contains amendments to other legislation to ensure that where |
|
| | medical records are requested in relation to a scheme established under this Act, |
|
| | they are provided quickly.’. |
|
| |
| | |
| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must establish, by statutory instrument, an Oversight |
|
| | Committee to monitor, review and report to the Secretary of State on the overall |
|
| | |
| | |
| | (b) | scheme administration; |
|
| | (c) | the Technical Committee; |
|
| | (d) | the Employers’ Liability Tracing Office; and |
|
| | (e) | the Electronic Information Gateway. |
|
| | (2) | The Oversight Committee must include representatives of— |
|
| | (a) | asbestos victims support groups; |
|
| | |
|
|
| |
| |
|
| | |
| | (3) | The Oversight Committee must be chaired by an independent person.’. |
|
| |
| | Annual report to Parliament |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall prepare and lay before Parliament an annual report |
|
| | |
| | (2) | The report to which reference is made in subsection (1) shall include, in |
|
| | particular, an assessment of the extent to which the scheme has caused or |
|
| | contributed to any rise in premiums payable for employers’ liability insurance.’. |
|
| |
| | |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | This section makes provision about the research supplement mentioned in section |
|
| | |
| | (2) | The research supplement— |
|
| | (a) | must be expressed by regulations under section 13 as a percentage of the |
|
| | amount set for the purpose specified in section 13(1) in accordance with |
|
| | section 13(2) to (5); and |
|
| | (b) | may not exceed 1 per cent of that amount. |
|
| | (3) | Regulations under section 13 must include provision about the application of the |
|
| | research supplement; in particular, the regulations— |
|
| | (a) | must include provision for amounts raised by way of the research |
|
| | supplement to be applied by way of grants or other financial assistance |
|
| | for research into mesothelioma; |
|
| | (b) | must require the scheme administrator to make arranagements for the |
|
| | application of the research supplement; |
|
| | (c) | may allow the scheme administrator to arrange for a body which handles |
|
| | applications for research funding to administer the research supplement |
|
| | on the scheme administrator’s behalf; |
|
| | (d) | may allow receipts by way of research supplement in respect of one |
|
| | period to be held for allocation in a later period, and for investment of |
|
| | receipts pending allocation. |
|
| | (4) | Before making regulations in respect of the research supplement the Secretary of |
|
| | |
| | |
| | (b) | medical charities and research foundations; and |
|
|
|
| |
| |
|
| | (c) | other persons or bodies who the Secretary of State thinks are likely to be |
|
| | |
| |
| | Payments for legal services in civil cases: diffuse mesothelioma proceedings |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | Section 48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 |
|
| | (Sections 44 and 46 and diffuse mesothelioma proceedings) is amended as |
|
| | |
| | (2) | In subsection (1), omit from “mesothelioma” to the end of the subsection |
|
| | (including paragraphs (a) and (b)).’. |
|
| |
| | Establishing additional schemes: pleural plaques |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall, within twelve months of any scheme under this Act |
|
| | being implemented, prepare and lay before each House of Parliament a report |
|
| | assessing the costs and benefits of extending the scheme to— |
|
| | (a) | eligible people with pleural plaques; and |
|
| | (b) | eligible people with other asbestos-related industrial diseases |
|
| | where there are unresolved insurance disputes.’. |
|
| |
| |
| |
| |
| | |
|
| To move the following Schedule:— |
|
| | ‘Supply of medical records |
|
| | 1 | The Data Protection Act 1998 is amended as follows. |
|
| | 2 | In section 7, after subsection (11), insert— |
|
| | “(12) | Where the request under this section is, and is stated in the request |
|
| | to be, for the purpose of investigating a claim, or application for |
|
|
|
| |
| |
|
| | payment, arising from the development of diffuse mesothelioma by |
|
| | the data subject, the prescribed period shall be 14 days.’. |
|
| |
| | Order of the House [2 December 2013] |
|
| | That the following provisions shall apply to the Mesothelioma Bill [Lords]: |
|
| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | Proceedings in Public Bill Committee |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Tuesday 17 December 2013. |
|
| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | |
| | Consideration and Third Reading |
|
| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
|
| | brought to a conclusion one hour before the moment of interruption on the |
|
| | day on which those proceedings are commenced. |
|
| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the moment of interruption on that day. |
|
| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on consideration and Third Reading. |
|
| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | consideration of any message from the Lords) may be programmed. |
|
| |
|