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| | Mesothelioma Bill [Lords], As Amended
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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 12 months of any scheme under this Act being |
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| | | implemented, prepare and lay before each House of Parliament a report assessing |
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| | | 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 where there |
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| | | are unresolved insurance disputes.’. |
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| | | Negatived on division NC2 |
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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 arrangements 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 people with pleural plaques’. |
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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 2, 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 ‘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 5, at end insert ‘but shall not be less than 80 per cent of the |
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| | average civil compensation recovered by mesothelioma claimants.’. |
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| | Clause 4, page 3, line 5, at end insert ‘and shall be met by a levy on insurers of not |
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| | less than 3 per cent of gross written premium during any given period.’. |
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| Clause 5, page 3, line 32, at end add— |
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| | | ‘(3) | Clause 18(2)(a) of the Commissioners for Revenue and Customs Act 2005 is |
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| | | | After sub-paragraph (ii) there is inserted— |
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| | | “(iii) | is made to representatives of persons preparing an |
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| | | application to the Diffuse Mesothelioma Payment |
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| | | Scheme or being assisted by that scheme to bring a |
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| | | claim under the Fatal Accidents Act 1976, and/or the |
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| | | Law Reform (Miscellaneous Provisions) Act |
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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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| | | Bill read the third time and passed, with an Amendment. |
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