Civil Liability Bill [HL]

Explanatory Notes

Annex A – Territorial extent and application in the United Kingdom

62. Subject to certain minor exceptions, the provisions of the Bill extend and apply to England and Wales only.1

Provision

Extends to E & W and applies to England?

Extends to E & W and applies to Wales?

Extends and applies to Scotland?

Extends and applies to Northern Ireland?

Would corresponding provision be within the competence of the National Assembly for Wales?

Would corresponding provision be within the competence of the Scottish Parliament?

Would corresponding provision be within the competence of the Northern Ireland Assembly?

Legislative Consent Motion needed?

Part 1: Whiplash – Whiplash injuries

Clause 1

Yes

Yes

No

No

No

Yes

Yes

No

Part 1: Whiplash – Damages for whiplash

Clause 2-3

Yes

Yes

No

No

No

Yes

Yes

No

Part 1: Whiplash – Settlement of whiplash claims

Clause 4-7

Yes

Yes

No

No

No

Yes

Yes

No

Part 2: Personal Injury Discount Rate

Clause 8

Yes

Yes

No 2

No 3

No

Yes

Yes

No

Part 3: Final Provisions 4

Clause 9

Yes

Yes

No

No

No

Yes

Yes

No

Clause 10

Yes

Yes

No

No

No

Yes

Yes

No

Clause 11

Yes

Yes

No

No

No

Yes

Yes

No

Clause 12

Yes

Yes

No

No

No

Yes

Yes

No

Minor or consequential effects 5

63. Clause 8(4)(b) to (e) makes minor consequential amendments to the Damages Act 1996.

64. Clause 10(2) and (3) specify the extent of these amendments. The amendments amend the damages Act 1996 by renaming "the Schedule" as "Schedule 1". This change extends to the whole of the United Kingdom, save where the provision in the 1996 Act being amended does not extend to Scotland (Clause 10 (2)).

65. Part 3 extends to Scotland and Northern Ireland only because those minor consequential amendments so extend, and its effect is limited to those amendments, so that it is itself only of minor or consequential effect.

Subject matter and legislative competence of devolved legislatures

66. Part 1 deals with whiplash, and would make damages for pain, suffering and loss of amenity for minor soft tissue injury claims arising out of road traffic accidents subject to a tariff or tariffs. It would also regulate the settlement of such claims. Part 2 deals with the approach to setting the discount rate for lump sum awards of damages for future pecuniary loss in claims for damages for personal injury. Part 3 makes general provision for the purpose of the entire Bill, relating to such matters as commencement, the Bill’s title and its extent. The purpose of these provisions relates to civil personal injury claims under the law of tort and awards of damages in such claims. This is not devolved to the Welsh Assembly under the Government of Wales Act 2006 (Schedule 7), and will be reserved to the UK Government under the Government of Wales Act 2006 (Schedule 7A and 7B) from 1st April 2018, being the day fixed by law by the Wales Act 2017 (Commencement No. 4) Regulations 2017 as the Principal Appointed Day for the coming into force of section 3 of, and Schedules 1 and 2 to, the Wales Act 2017 6 . In relation to Scotland, this is not reserved to the UK Government under the Scotland Act 1998 (Schedule 5). In relation to Northern Ireland, this is not a reserved or excepted matter under the Northern Ireland Act 1998 (Schedules 2 and 3)
 


1 References in this Annex to a provision being within the legislative competence of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly are to the provision being within the legislative competence of the relevant devolved legislature for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.

2 Other than certain minor consequential amendments made by clause 8(4)(b) and (c).

3 Other than certain minor consequential amendments made by clause 8(4)(b) to (e).

4 Part 3 extends to Scotland and to Northern Ireland, but only in consequence of the minor consequential amendments made by clause 8(4)(b) to (e).

5 References in this Annex to an effect of a provision being minor or consequential are to its being minor or consequential for the purposes of Standing Order No. 83J of the Standing Orders of the House of Commons relating to Public Business.

6 References in this Annex to amendments to the legislative competence of the National Assembly for Wales, which are not in force at the time of certification, but are to come into force on a day already fixed by law are for the purposes of Standing Order 83J(7) of the Standing Orders of the House of Commons relating to Public Business.

 

Prepared 20th March 2018