(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.
(2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3)
“(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
(a) section 43(1) or (2) (appeals against orders made in restraint
(b) section 65 (appeals against, or relating to, the making of
are in the discretion of the court.
(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.
(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
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
(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
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
(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “or (as the
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
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
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
Register of judgments etc. and execution of writs
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
Act 1984 (c. 28) (power of county courts to make administration
(d) orders restricting enforcement made under section 112A of that Act
(power of county courts to restrict enforcement of debts in lieu of
(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—
(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
(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—
(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
(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—
(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
(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.
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.
98 Periodical payments
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent)
“2 Periodical payments
(1) A court awarding damages for future pecuniary loss in respect of
(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
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
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
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
continuity of payment is reasonably secure by virtue of
(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
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
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
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
the order (whether or not the method was specified under subsection
(a) the court which made the order declares its satisfaction that the
continuity of payment under the new method is reasonably
(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
(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
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).
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;
(c) whether to approve an assignment or charge.
(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
(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.
(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
(b) a reference to a claimant shall be taken as a reference to a
(7) Section 2 is without prejudice to any power exercisable apart from that
2B Variation of orders and settlements
(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
for personal injury is settled by agreement between the parties if the
(a) provides for periodical payments, and
(b) expressly permits a party to apply to a court for variation in
(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
(c) about the matters to be taken into account on considering
(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
(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
Court and county courts).
(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
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
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
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)
(a) for subsection (1) substitute—
“(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
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
(b) an agreement in so far as it settles a claim or action for
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
varying order, agreement or undertaking, so provides or permits,”,
(c) in subsection (6) after “claim or action for” insert “damages in respect
(d) for subsection (7) substitute—
“(7) For the purposes of subsection (1A) above—
(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
includes a reference to an agreement to make payments
on account of damages that may be awarded in a claim
or action, and
(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
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)”
substitute “subsection (1A)”.
(4) In this section—
(a) subsection (1) shall extend only to England and Wales and Northern
(b) the remainder shall extend to the whole of the United Kingdom.
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—
(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
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
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
(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.
(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
shall extend by virtue of this section to the whole of the