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(6) Regulations made under this section in relation to the Crown Court | |
must provide that the third party may appeal to the Court of Appeal | |
against a third party costs order made by the Crown Court.” | |
94 Award of costs in appeals under Proceeds of Crime Act 2002 | |
(1) Amend the Proceeds of Crime Act 2002 (c. 29) as follows. | 5 |
(2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) | |
insert— | |
“(4) Subject to any rules made under section 91, the costs of and incidental | |
to all proceedings on an appeal to the criminal division of the Court of | |
Appeal under— | 10 |
(a) section 43(1) or (2) (appeals against orders made in restraint | |
proceedings), or | |
(b) section 65 (appeals against, or relating to, the making of | |
receivership orders), | |
are in the discretion of the court. | 15 |
(5) Such rules may in particular make provision for regulating matters | |
relating to the costs of those proceedings, including prescribing scales | |
of costs to be paid to legal or other representatives. | |
(6) The court shall have full power to determine by whom and to what | |
extent the costs are to be paid. | 20 |
(7) In any proceedings mentioned in subsection (4), the court may— | |
(a) disallow, or | |
(b) (as the case may be) order the legal or other representative | |
concerned to meet, | |
the whole of any wasted costs or such part of them as may be | 25 |
determined in accordance with rules under section 91. | |
(8) In subsection (7) “wasted costs” means any costs incurred by a party— | |
(a) as a result of any improper, unreasonable or negligent act or | |
omission on the part of any legal or other representative or any | |
employee of such a representative, or | 30 |
(b) which, in the light of any such act or omission occurring after | |
they were incurred, the court considers it is unreasonable to | |
expect that party to pay. | |
(9) “Legal or other representative”, in relation to a party to proceedings | |
means any person exercising a right of audience or right to conduct | 35 |
litigation on his behalf.” | |
(3) Subsection (2) applies in relation to proceedings on appeals in respect of | |
offences committed or alleged to have been committed on or after 24th March | |
2003. | |
(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “or (as the | 40 |
case may be) Criminal Appeal Rules”. | |
95 Fixing of fines: failure to furnish statement of financial circumstances | |
(1) In section 128(5) of the 2000 Act (fixing of fines: power of court to make | |
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determination of financial circumstances where offender has failed to co- | |
operate with court etc.), in paragraph (b) before sub-paragraph (i) insert— | |
“(zi) has failed to furnish a statement of his financial | |
circumstances in response to a request which is an | |
official request for the purposes of section 20A of the | 5 |
Criminal Justice Act 1991 (offence of making false | |
statements as to financial circumstances),”. | |
(2) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 | |
(c. 6). | |
Register of judgments etc. and execution of writs | 10 |
96 Register of judgments and orders etc. | |
(1) A register is to be kept, in accordance with regulations, of— | |
(a) judgments entered in the High Court; | |
(b) judgments entered in county courts; | |
(c) administration orders made under section 112 of the County Courts | 15 |
Act 1984 (c. 28) (power of county courts to make administration | |
orders); | |
(d) orders restricting enforcement made under section 112A of that Act | |
(power of county courts to restrict enforcement of debts in lieu of | |
administration order); | 20 |
(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be | |
paid by a conviction or order of a magistrates’ court. | |
(2) “Regulations” means regulations made by the Lord Chancellor for the | |
purposes of this section. | |
(3) The regulations may— | 25 |
(a) provide for prescribed classes of judgments, orders or adjudged sums | |
to be exempt from registration; | |
(b) prescribe circumstances in which judgments, orders or adjudged sums | |
(or classes of them) are to be exempt from registration; | |
(c) prescribe circumstances in which an entry in the register is to be | 30 |
cancelled; | |
(d) in the case of sums adjudged to be paid by conviction of a magistrates’ | |
court, provide for sums to be registered only in prescribed | |
circumstances or subject to prescribed conditions. | |
(4) The Lord Chancellor may fix charges to be made for— | 35 |
(a) making information in an entry in the register available for inspection; | |
(b) carrying out an official search of the register; | |
(c) supplying a certified copy of information in an entry in the register. | |
(5) The proceeds of those charges are to be applied in paying the expenses | |
incurred in maintaining the register; and any surplus is to be paid into the | 40 |
Consolidated Fund. | |
(6) If there is in force an agreement between the Lord Chancellor and a body | |
corporate relating to the keeping by that body corporate of the register the | |
register is to be kept by that body corporate. | |
(7) If, under subsection (6), the register is kept by a body corporate— | 45 |
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(a) the Lord Chancellor may recover from the body corporate any | |
expenses incurred by the Lord Chancellor in connection with the | |
supply of information to that body for the purposes of the register, | |
(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the | |
maximum charges to be made (instead of the charges to be made), and | 5 |
(c) subsection (5) does not apply. | |
(8) If subsection (6) ceases to apply to a body corporate as a result of the | |
termination (for any reason) of the agreement, the Lord Chancellor may | |
require the information contained in the entries in the register to be transferred | |
to such person as he may direct. | 10 |
97 High Court writs of execution | |
(1) Schedule 6 contains provisions about High Court writs of execution. | |
(2) Any rule of law requiring a writ of execution issued from the High Court to be | |
directed to a sheriff is abolished. | |
Damages | 15 |
98 Periodical payments | |
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) | |
substitute— | |
“2 Periodical payments | |
(1) A court awarding damages for future pecuniary loss in respect of | 20 |
personal injury— | |
(a) may order that the damages are wholly or partly to take the | |
form of periodical payments, and | |
(b) shall consider whether to make that order. | |
(2) A court awarding other damages in respect of personal injury may, if | 25 |
the parties consent, order that the damages are wholly or partly to take | |
the form of periodical payments. | |
(3) A court may not make an order for periodical payments unless satisfied | |
that the continuity of payment under the order is reasonably secure. | |
(4) For the purpose of subsection (3) the continuity of payment under an | 30 |
order is reasonably secure if— | |
(a) it is protected by a guarantee given under section 6 of or the | |
Schedule to this Act, | |
(b) it is protected by a scheme under section 213 of the Financial | |
Services and Markets Act 2000 (compensation) (whether or not | 35 |
as modified by section 4 of this Act), or | |
(c) the source of payment is a government or health service body. | |
(5) An order for periodical payments may include provision— | |
(a) requiring the party responsible for the payments to use a | |
method (selected or to be selected by him) under which the | 40 |
continuity of payment is reasonably secure by virtue of | |
subsection (4); | |
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(b) about how the payments are to be made, if not by a method | |
under which the continuity of payment is reasonably secure by | |
virtue of subsection (4); | |
(c) requiring the party responsible for the payments to take | |
specified action to secure continuity of payment, where | 5 |
continuity is not reasonably secure by virtue of subsection (4); | |
(d) enabling a party to apply for a variation of provision included | |
under paragraph (a), (b) or (c). | |
(6) Where a person has a right to receive payments under an order for | |
periodical payments, or where an arrangement is entered into in | 10 |
satisfaction of an order which gives a person a right to receive | |
periodical payments, that person’s right under the order or | |
arrangement may not be assigned or charged without the approval of | |
the court which made the order; and— | |
(a) a court shall not approve an assignment or charge unless | 15 |
satisfied that special circumstances make it necessary, and | |
(b) a purported assignment or charge, or agreement to assign or | |
charge, is void unless approved by the court. | |
(7) Where an order is made for periodical payments, an alteration of the | |
method by which the payments are made shall be treated as a breach of | 20 |
the order (whether or not the method was specified under subsection | |
(5)(b)) unless— | |
(a) the court which made the order declares its satisfaction that the | |
continuity of payment under the new method is reasonably | |
secure, | 25 |
(b) the new method is protected by a guarantee given under section | |
6 of or the Schedule to this Act, | |
(c) the new method is protected by a scheme under section 213 of | |
the Financial Services and Markets Act 2000 (compensation) | |
(whether or not as modified by section 4 of this Act), or | 30 |
(d) the source of payment under the new method is a government | |
or health service body. | |
(8) An order for periodical payments shall be treated as providing for the | |
amount of payments to vary by reference to the retail prices index | |
(within the meaning of section 833(2) of the Income and Corporation | 35 |
Taxes Act 1988) at such times, and in such a manner, as may be | |
determined by or in accordance with Civil Procedure Rules. | |
(9) But an order for periodical payments may include provision— | |
(a) disapplying subsection (8), or | |
(b) modifying the effect of subsection (8). | 40 |
2A Periodical payments: supplementary | |
(1) Civil Procedure Rules may require a court to take specified matters into | |
account in considering— | |
(a) whether to order periodical payments; | |
(b) the security of the continuity of payment; | 45 |
(c) whether to approve an assignment or charge. | |
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(2) For the purposes of section 2(4)(c) and (7)(d) “government or health | |
service body” means a body designated as a government body or a | |
health service body by order made by the Lord Chancellor. | |
(3) An order under subsection (2)— | |
(a) shall be made by statutory instrument, and | 5 |
(b) shall be subject to annulment in pursuance of a resolution of | |
either House of Parliament. | |
(4) Section 2(6) is without prejudice to a person’s power to assign a right to | |
the scheme manager established under section 212 of the Financial | |
Services and Markets Act 2000. | 10 |
(5) In section 2 “damages” includes an interim payment which a court | |
orders a defendant to make to a claimant. | |
(6) In the application of this section to Northern Ireland— | |
(a) a reference to Civil Procedure Rules shall be taken as a reference | |
to rules of court, and | 15 |
(b) a reference to a claimant shall be taken as a reference to a | |
plaintiff. | |
(7) Section 2 is without prejudice to any power exercisable apart from that | |
section. | |
2B Variation of orders and settlements | 20 |
(1) The Lord Chancellor may by order enable a court which has made an | |
order for periodical payments to vary the order in specified | |
circumstances (otherwise than in accordance with section 2(5)(d)). | |
(2) The Lord Chancellor may by order enable a court in specified | |
circumstances to vary the terms on which a claim or action for damages | 25 |
for personal injury is settled by agreement between the parties if the | |
agreement— | |
(a) provides for periodical payments, and | |
(b) expressly permits a party to apply to a court for variation in | |
those circumstances. | 30 |
(3) An order under this section may make provision— | |
(a) which operates wholly or partly by reference to a condition or | |
other term of the court’s order or of the agreement; | |
(b) about the nature of an order which may be made by a court on | |
a variation; | 35 |
(c) about the matters to be taken into account on considering | |
variation; | |
(d) of a kind that could be made by Civil Procedure Rules or, in | |
relation to Northern Ireland, rules of court (and which may be | |
expressed to be with or without prejudice to the power to make | 40 |
those rules). | |
(4) An order under this section may apply (with or without modification) | |
or amend an enactment about provisional or further damages. | |
(5) An order under this section shall be subject to any order under section | |
1 of the Courts and Legal Services Act 1990 (allocation between High | 45 |
Court and county courts). | |
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(6) An order under this section— | |
(a) shall be made by statutory instrument, | |
(b) may not be made unless the Lord Chancellor has consulted such | |
persons as he thinks appropriate, | |
(c) may not be made unless a draft has been laid before and | 5 |
approved by resolution of each House of Parliament, and | |
(d) may include transitional, consequential or incidental provision. | |
(7) In subsection (4)— | |
“provisional damages” means damages awarded by virtue of | |
subsection (2)(a) of section 32A of the Supreme Court Act 1981 | 10 |
or section 51 of the County Courts Act 1984 (or, in relation to | |
Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the | |
Administration of Justice Act 1982), and | |
“further damages” means damages awarded by virtue of | |
subsection (2)(b) of either of those sections (or, in relation to | 15 |
Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the | |
Administration of Justice Act 1982).” | |
(2) In section 329AA of the Income and Corporation Taxes Act 1988 (c. 1) | |
(periodical payments)— | |
(a) for subsection (1) substitute— | 20 |
“(1) Periodical payments shall not for the purposes of income tax be | |
regarded as the income of any of the persons mentioned in | |
subsection (2) below (and shall be paid without deduction | |
under section 348(1)(b) or 349(1)). | |
(1A) In subsection (1) “periodical payments” means periodical | 25 |
payments made pursuant to— | |
(a) an order of a court in so far as it is made in reliance on | |
section 2 of the Damages Act 1996 (including an order as | |
varied), or | |
(b) an agreement in so far as it settles a claim or action for | 30 |
damages in respect of personal injury (including an | |
agreement as varied).”, | |
(b) in subsection (3) for “if the agreement or order mentioned in that | |
subsection or a subsequent agreement so provides,” substitute “if the | |
order, agreement or undertaking mentioned in subsection (1A), or a | 35 |
varying order, agreement or undertaking, so provides or permits,”, | |
(c) in subsection (6) after “claim or action for” insert “damages in respect | |
of”, | |
(d) for subsection (7) substitute— | |
“(7) For the purposes of subsection (1A) above— | 40 |
(a) the reference to an order of a court made in reliance on | |
section 2 of the Damages Act 1996 includes an order of a | |
court outside the United Kingdom which is similar to an | |
order made in reliance on that section, | |
(b) the reference to an agreement settling a claim or action | 45 |
includes a reference to an agreement to make payments | |
on account of damages that may be awarded in a claim | |
or action, and | |
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(c) the reference to an agreement in so far as it settles a | |
claim or action for damages in respect of personal injury | |
also includes a reference to an undertaking given by the | |
Motor Insurers’ Bureau (being the company of that | |
name incorporated on 14th June 1946 under the | 5 |
Companies Act 1929), or an Article 75 insurer under the | |
Bureau’s Articles of Association, in relation to a claim or | |
action in respect of personal injury.”, and | |
(e) omit subsection (8). | |
(3) In section 329AB(1) of that Act (statutory compensation) for “subsection (1)” | 10 |
substitute “subsection (1A)”. | |
(4) In this section— | |
(a) subsection (1) shall extend only to England and Wales and Northern | |
Ireland, and | |
(b) the remainder shall extend to the whole of the United Kingdom. | 15 |
99 Periodical payments: security | |
(1) For sections 4 and 5 of the Damages Act 1996 (c. 48) (enhanced protection for | |
structured settlement annuitant) substitute— | |
“4 Enhanced protection for periodical payments | |
(1) Subsection (2) applies where— | 20 |
(a) a person has a right to receive periodical payments, and | |
(b) his right is protected by a scheme under section 213 of the | |
Financial Services and Markets Act 2000 (compensation), but | |
only as to part of the payments. | |
(2) The protection provided by the scheme shall extend by virtue of this | 25 |
section to the whole of the payments. | |
(3) Subsection (4) applies where— | |
(a) one person (“the claimant”) has a right to receive periodical | |
payments from another person (“the defendant”), | |
(b) a third person (“the insurer”) is required by or in pursuance of | 30 |
an arrangement entered into with the defendant (whether or | |
not together with other persons and whether before or after the | |
creation of the claimant’s right) to make payments in | |
satisfaction of the claimant’s right or for the purpose of enabling | |
it to be satisfied, and | 35 |
(c) the claimant’s right to receive the payments would be wholly or | |
partly protected by a scheme under section 213 of the Financial | |
Services and Markets Act 2000 if it arose from an arrangement | |
of the same kind as that mentioned in paragraph (b) but made | |
between the claimant and the insurer. | 40 |
(4) For the purposes of the scheme under section 213 of that Act— | |
(a) the claimant shall be treated as having a right to receive the | |
payments from the insurer under an arrangement of the same | |
kind as that mentioned in subsection (3)(b), | |
(b) the protection under the scheme in respect of those payments | 45 |
shall extend by virtue of this section to the whole of the | |
payments, and | |
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