Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 5 September 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 1 to 7 and NC1 to NC2

 

Public Bill Committee


 

Civil Liability Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

Rory Stewart

 

4

 

Parliamentary Star    

Clause  3,  page  4,  line  17,  at end insert—

 

“( )    

The Lord Chancellor must consult the Lord Chief Justice before making

 

regulations under this section.”

 

Member’s explanatory statement

 

This amendment requires the Lord Chancellor to consult the Lord Chief Justice before making

 

regulations about the amount of damages for whiplash injuries and minor psychological injuries

 

suffered on the same occasion.


 
 

Notices of Amendments: 5 September 2018                  

2

 

Civil Liability Bill-[Lords], continued

 
 

Richard Burgon

 

Gloria De Piero

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

1

 

Parliamentary Star    

Page  3,  line  14,  leave out Clause 3

 

Member’s explanatory statement

 

This amendment would remove the creation of tariffs for whiplash injuries and retain the existing

 

system where judges decide compensation levels with reference to Judicial College Guidelines.

 


 

Richard Burgon

 

Gloria De Piero

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

2

 

Parliamentary Star    

Page  4,  line  20,  leave out Clause 4

 

Member’s explanatory statement

 

See the explanatory statement for Amendment 1.

 


 

Richard Burgon

 

Gloria De Piero

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

3

 

Parliamentary Star    

Page  4,  line  30,  leave out Clause 5

 

Member’s explanatory statement

 

See the explanatory statement for Amendment 1.

 


 

Rory Stewart

 

5

 

Parliamentary Star    

Clause  12,  page  15,  line  30,  leave out subsection (1) and insert—

 

“( )    

This Act extends to England and Wales only, subject to the following

 

subsections.”

 

Member’s explanatory statement

 

This amendment and Amendment 6 provide for NC2 to have England and Wales extent.


 
 

Notices of Amendments: 5 September 2018                  

3

 

Civil Liability Bill-[Lords], continued

 
 

Rory Stewart

 

6

 

Parliamentary Star    

Clause  12,  page  15,  line  35,  leave out “This Part extends” and insert “Sections

 

(Report on effect of Parts 1 and 2)(13) and 11 to 14 extend”

 

Member’s explanatory statement

 

See the explanatory statement for Amendment 5.

 


 

Rory Stewart

 

7

 

Parliamentary Star    

Clause  14,  page  16,  line  6,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the privilege amendment inserted by the Lords.

 


 

Rory Stewart

 

NC2

 

Parliamentary Star    

To move the following Clause—

 

         

“Report on effect of Parts 1 and 2

 

(1)    

Regulations made by the Treasury may require an insurer to provide information

 

to the FCA about the effect of Parts 1 and 2 of this Act on individuals who hold

 

policies of insurance with the insurer.

 

(2)    

The regulations may provide that an insurer is required to provide information

 

only if it has issued third party personal injury policies of insurance on or after 1

 

April 2020 to individuals domiciled in England and Wales.

 

(3)    

The regulations may—

 

(a)    

specify the information or descriptions of information to be provided;

 

(b)    

specify how information is to be provided;

 

(c)    

specify when information is to be provided;

 

(d)    

require that information or specified descriptions of information be

 

audited by a qualified auditor before being provided;

 

(e)    

make provision about the audit;

 

(f)    

require that details of the auditor be provided to the FCA.

 

(4)    

Regulations under subsection (3)(a) may in particular require an insurer to

 

provide information, by reference to each of the report years, about—

 

(a)    

the amount paid by the insurer during the report period under its relevant

 

third party personal injury policies of insurance in respect of personal

 

injuries sustained by third parties, where the amount of damages for the

 

injury is governed by the law of England and Wales;

 

(b)    

the amount that the insurer might reasonably have been expected to pay

 

in respect of those injuries if this Act had not been passed;

 

(c)    

the mean of the amounts paid during the report period under those

 

policies in respect of those injuries;

 

(d)    

what might reasonably have been expected to be the mean of the amounts

 

paid in respect of those injuries if this Act had not been passed;


 
 

Notices of Amendments: 5 September 2018                  

4

 

Civil Liability Bill-[Lords], continued

 
 

(e)    

the amounts described in paragraphs (a) to (d), determined by reference

 

only to cases where—

 

(i)    

the amount paid by an insurer under a policy, or

 

(ii)    

the amount that an insurer might reasonably have been expected

 

to pay under a policy,

 

    

falls within one of the bands specified in the regulations;

 

(f)    

the amount charged by the insurer by way of premiums for relevant third

 

party personal injury policies of insurance where the cover starts in the

 

report period;

 

(g)    

the amount that the insurer might reasonably have been expected to

 

charge by way of premiums for those policies if this Act had not been

 

passed;

 

(h)    

the mean of the premiums charged for those policies;

 

(i)    

what might reasonably have been expected to be the mean of the

 

premiums charged for those policies if this Act had not been passed;

 

(j)    

the amounts described in paragraphs (f) to (i), determined as if the

 

references to a premium charged for a relevant third party personal injury

 

policy of insurance were references to so much of the premium as is

 

charged in order to cover the risk of causing a third party to sustain

 

personal injury;

 

(k)    

if any reduction in the amounts referred to in paragraph (a) has been used

 

to confer benefits other than reduced premiums on individuals,

 

information about those benefits.

 

(5)    

The regulations may make provision about the methods to be used in determining

 

the amounts described in subsection (4)(b), (d), (g) and (i), including provision

 

about factors to be taken into account.

 

(6)    

The regulations may provide for exceptions, including but not limited to—

 

(a)    

exceptions relating to policies of insurance obtained wholly or partly for

 

purposes relating to a business, trade or profession;

 

(b)    

exceptions relating to policies of insurance of a specified description;

 

(c)    

exceptions for cases where the value or number of policies of insurance

 

issued by an insurer is below a level specified by or determined in

 

accordance with the regulations, and

 

(d)    

exceptions relating to insurers who, during the report period, issue

 

policies of insurance only within a period that does not exceed a specified

 

duration.

 

(7)    

Before the end of a period of one year beginning with 1 April 2024, the Treasury

 

must prepare and lay before Parliament a report that—

 

(a)    

summarises the information provided about the effect of Parts 1 and 2 of

 

this Act, and

 

(b)    

gives a view on whether and how individuals who are policy holders have

 

benefited from any reductions in costs for insurers.

 

(8)    

If insurers provide additional information to the FCA about the effect of Parts 1

 

and 2 of this Act, the report may relate also to that information.

 

(9)    

The FCA must assist the Treasury in the preparation of the report.

 

(10)    

In the Financial Services and Markets Act 2000—

 

(a)    

in section 1A (functions of the Financial Conduct Authority), in

 

subsection (6), after paragraph (cza) insert—

 

“(czb)    

the Civil Liability Act 2018,”;


 
 

Notices of Amendments: 5 September 2018                  

5

 

Civil Liability Bill-[Lords], continued

 
 

(b)    

in section 204A (meaning of “relevant requirement” and “appropriate

 

regulator”)—

 

(i)    

in subsection (2), after paragraph (a) insert—

 

“(aa)    

by regulations under section (Report on effect of

 

Parts 1 and 2) of the Civil Liability Act 2018,”;

 

(ii)    

in subsection (6), after paragraph (a) insert—

 

“(aa)    

by regulations under section (Report on effect of

 

Parts 1 and 2) of the Civil Liability Act 2018;”.

 

(11)    

A statutory instrument containing regulations under this section is subject to

 

affirmative resolution procedure.

 

(12)    

In this section—

 

“the FCA” means the Financial Conduct Authority;

 

“insurer” means an institution which is authorised under the Financial

 

Services and Markets Act 2000 to carry on the regulated activity of—

 

(a)    

effecting or carrying out contracts of insurance as principal, or

 

(b)    

managing the underwriting capacity of a Lloyd’s syndicate as a

 

managing agent at Lloyd’s;

 

“qualified auditor” means a person who is eligible for appointment as a

 

statutory auditor under Part 42 of the Companies Act 2006;

 

“relevant third party personal injury policy of insurance” means a third

 

party personal injury policy of insurance issued by an insurer to an

 

individual domiciled in England and Wales;

 

“report period” means the period of three years beginning with 1 April

 

2020;

 

“report year” means a year beginning with 1 April 2020, 2021 or 2022;

 

“third party personal injury policy of insurance” means a policy of

 

insurance issued by an insurer which provides cover against the risk, or

 

risks that include the risk, of causing a third party to sustain personal

 

injury.”

 

Member’s explanatory statement

 

This new clause provides for regulations requiring insurers to supply information about the effect

 

of Parts 1 and 2 of the Bill and requires a report based on that information to be provided to

 

Parliament.

 


 

Richard Burgon

 

Gloria De Piero

 

Imran Hussain

 

Yasmin Qureshi

 

Lloyd Russell-Moyle

 

NC1

 

Parliamentary Star    

To move the following Clause—

 

         

“Restriction on increase in small claims limit for relevant personal injuries

 

(1)    

In this section, the “PI small claims limit” refers to the maximum value (currently

 

£1,000) of a claim for damages for personal injuries for which, in accordance with

 

Civil Procedure Rules, the small claims track is the normal track.


 
 

Notices of Amendments: 5 September 2018                  

6

 

Civil Liability Bill-[Lords], continued

 
 

(2)    

Civil Procedure Rules may not increase the PI small claims limit in respect of

 

relevant injury claims to an amount above £1,000 for the first time unless—

 

(a)    

the Lord Chancellor is satisfied, and has certified in writing, that on the

 

day the rules are to come into force, the value of £1,000 on 1 April 1999

 

adjusted for inflation, computed by reference to CPI, would be at least

 

£1,500, and

 

(b)    

the rules increase the PI small claims limit to no more than £1,500.

 

(3)    

Civil Procedure Rules may not increase the PI small claims limit in respect of

 

relevant injury claims on any subsequent occasion unless—

 

(a)    

the Lord Chancellor is satisfied, and has certified in writing, that on the

 

day the rules are to come into force, the value of £1,000 on 1 April 1999

 

adjusted for inflation, computed by reference to CPI, would be at least

 

£500 greater than on the day on which the rules effecting the previous

 

increase were made, and

 

(b)    

the rules increase the PI small claims limit by no more than £500.

 

(4)    

In this section—

 

“CPI” means the all items consumer prices index published by the Statistics

 

Board;

 

“relevant injury” means an injury which is an injury of soft tissue in the

 

neck, back, or shoulder and which is caused as described in paragraphs

 

(b) and (c) of section 1(4) (negligence while using a motor vehicle on a

 

road, etc.);

 

“relevant injury claim” means a claim for personal injury that consists only

 

of, or so much of a claim for personal injury as consists of, a claim for

 

damages for pain, suffering and loss of amenity caused by a relevant

 

injury, and which is not a claim for an injury in respect of which a tariff

 

amount is for the time being prescribed under section 2.”

 

Member’s explanatory statement

 

This new clause would limit increases in the whiplash small claims limit to inflation (CPI), and

 

allow the limit to increase only when inflation had increased the existing rate by £500 since it was

 

last set.

 

 

Order of the House [4 September 2018]

 

That the following provisions shall apply to the Civil Liability Bill [Lords]:

 

Committal

 

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 9 October.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration 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.


 
 

Notices of Amendments: 5 September 2018                  

7

 

Civil Liability Bill-[Lords], continued

 
 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 


 

 

Revised 05 September 2018