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| Mesothelioma Bill [Lords]
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| [First and second SITTINGs]
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| | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 10 |
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| | (a) | at 2.00 pm on Tuesday 10 December; |
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| | (b) | at 11.30 am and 2.00 pm on Thursday 12 December; |
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| | (c) | at 8.55 am and 2.00 pm on Tuesday 17 December; |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 11; |
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| | Schedule 1; Clause 12; Schedule 2; Clauses 13 to 21; new Clauses; new |
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| | Schedules; remaining proceedings on the Bill; and |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 5.00 pm on Tuesday 17 December. |
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| | That, subject to the discretion of the Chair, any written evidence received by the |
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| | Committee shall be reported to the House for publication. |
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| Clause 1, page 1, line 3, leave out ‘may’ and insert ‘must’. |
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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 insert ‘; and for funding research into mesothelioma |
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| (through the research supplement under section [Research supplement]).’. |
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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 2, page 1, line 15, leave out ‘25 July 2012’ and insert ‘4 April 1979’. |
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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 2, page 2, line 4, leave out ‘and is not eligible to receive a specified |
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| Clause 2, page 2, line 4, after subsection (e) insert— |
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| | ‘(f) | save as provided in (g) below, the application is made within three years |
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| | of being first diagnosed, and |
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| | (g) | for those persons first diagnosed on or after 25 July 2012, but before this |
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| | Act comes into force, the three year time limit in section 2(1)(f) shall |
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| | commence on the date this Act is brought into force.’. |
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| Clause 2, page 2, line 6, at end insert “‘insurer” includes any entity which has |
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| succeeded to the liabilities of the insurer with whom a relevant employer maintained |
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| employers’ liability insurance at the time of a person’s exposure to asbestos;’. |
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| Clause 2, page 2, line 15, at end insert ‘and includes a successor in title to any such |
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| Clause 3, page 2, line 35, after subsection (d) insert— |
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| | ‘(e) | save as provided in (f) below, the application is made within three years |
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| | of the death of the person with the disease, and |
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| | (f) | for those persons who died on or after 25 July 2012, but before this Act |
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| | comes into force, the three year time limit in section 3(1)(e) shall |
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| | commence on the date this Act is brought into force.’. |
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| Clause 3, page 2, line 39, leave out ‘assume’ and insert ‘it is to be assumed’. |
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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 3, page 2, line 44, leave out ‘25 July 2012’ and insert ‘4 April 1979’. |
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| Clause 3, page 2, line 45, leave out ‘assume’ and insert ‘it is to be assumed’. |
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| Clause 3, page 2, line 48, at end insert “‘insurer” includes any entity which has |
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| succeeded to the liabilities of the insurer with whom a relevant employer maintained |
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| employers’ liability insurance at the time of a person’s exposure to asbestos;’. |
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| Clause 3, page 2, line 48, at end insert— |
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| | “‘relevant employer” means an employer who, at the time of the person’s |
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| | (a) | was required by the compulsory insurance legislation to maintain |
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| | insurance covering any liability arising because of the exposure |
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| | (b) | would have been required by the compulsory insurance |
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| | legislation to maintain insurance covering any liability arising |
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| | because of the exposure to asbestos if the legislation had been in |
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| | (c) | includes a successor in title to any such employer.’. |
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| Clause 4, page 3, line 4, at end insert ‘but shall not be less than 90 per cent of the |
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| average civil compensation recovered by mesothelioma claimants.’. |
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| Clause 4, page 3, line 4, 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 4, page 3, line 4, at end insert— |
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| | ‘( ) | The Secretary of State shall provide for there to be an annual independent |
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| | assessment of the average amount of civil compensation recovered by |
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| | mesothelioma claimants, and of payments made under the scheme, and for there |
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| | to be a report thereon laid before each House of Parliament.’. |
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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 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 4, page 3, line 5, at end insert ‘but shall not be less than the average |
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| damages which a person diagnosed with diffuse mesothelioma would recover against a |
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| relevant employer who had negligently or in breach of statutory duty caused or permitted |
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| that person to be exposed to asbestos.’. |
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