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(c) no person other than the claimant shall be entitled to protection | |
under the scheme in respect of the payments. | |
(5) In this section “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 | 5 |
above (including an order as varied), or | |
(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). | |
(6) In subsection (5)(b) the reference to an agreement in so far as it settles a | |
claim or action for damages in respect of personal injury includes a | 10 |
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.” | 15 |
(2) In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector | |
settlement) for the words “on terms corresponding to those of a structured | |
settlement as defined in section 5 above except that the person to whom the | |
payments are to be made is not to receive them as mentioned in subsection | |
(1)(b) of that section” substitute “on terms whereby the damages are to consist | 20 |
wholly or partly of periodical payments”. | |
(3) In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland | |
Department for public sector settlement) for the words “on terms | |
corresponding to those of a structured settlement as defined in section 5 of this | |
Act except that the person to whom the payments are to be made is not to | 25 |
receive them as mentioned in subsection (1)(b) of that section” substitute “on | |
terms whereby the damages are to consist wholly or partly of periodical | |
payments”. | |
(4) Where an individual who has a right to receive periodical payments becomes | |
bankrupt— | 30 |
(a) the payments shall be treated for the purposes of the bankruptcy as | |
income of the bankrupt (but without prejudice to section 329AA of the | |
Income and Corporation Taxes Act 1988 (c. 1)), | |
(b) neither the right to receive periodical payments, nor any property or | |
arrangement designed to protect continuity of the periodical payments, | 35 |
shall form part of the bankrupt’s estate for the purposes of the | |
Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order | |
1989 (S.I. 1989/2405 (N.I. 19)), | |
(c) an income payments order may not be made in respect of any part of | |
the periodical payments identified (in the order or agreement under | 40 |
which the payments are made) as relating wholly to expenditure likely | |
to be incurred by or for the individual as a result of the personal injury | |
concerned, | |
(d) nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a | |
court from making an income payments order (subject to paragraph | 45 |
(c)), and | |
(e) nothing in section 2 of that Act shall prevent entry into an income | |
payments agreement. | |
(5) In subsection (4)— | |
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“bankrupt” has the meaning given by section 381 of the Insolvency Act | |
1986 or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. | |
1989/2405 (N.I. 19)), | |
“income payments agreement” means an agreement under section 310A | |
of that Act or equivalent legislation for Northern Ireland, | 5 |
“income payments order” means an order under section 310 of that Act or | |
equivalent legislation for Northern Ireland, and | |
“periodical payments” means periodical payments awarded or agreed, or | |
in so far as awarded or agreed, as damages for future pecuniary loss | |
by— | 10 |
(a) an order of a court made in reliance on section 2 of the Damages | |
Act 1996 (including an order as varied), or | |
(b) an agreement settling a claim or action for damages in respect | |
of personal injury (including an agreement as varied). | |
(6) In this section— | 15 |
(a) subsections (1) to (3) shall extend to the whole of the United Kingdom, | |
and | |
(b) subsections (4) and (5) shall extend only to England and Wales and | |
Northern Ireland. | |
Provisions relating to Northern Ireland | 20 |
100 Power to alter judicial titles: Northern Ireland | |
(1) The Lord Chancellor may by order— | |
(a) alter the name of any of the offices of the Supreme Court of Judicature | |
of Northern Ireland or of the county courts in Northern Ireland which | |
are listed in subsection (2); | 25 |
(b) provide for or alter the way in which the holders of any of those offices | |
are to be styled. | |
(2) The offices are— | |
County court judge | |
Deputy judge of the county court | 30 |
District Judge | |
Judge of the Court of Appeal | |
Lord Chief Justice | |
Master (Bankruptcy) | |
Master (Care and Protection) | 35 |
Master (Chancery) | |
Master (Enforcement of Judgments) | |
Master (High Court) | |
Master (Probate and Matrimonial) | |
Master (Queen’s Bench and Appeals) | 40 |
Master (Taxing Office) | |
Presiding judge for the county courts | |
Puisne judge of the High Court. | |
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(3) The Lord Chancellor may also by order provide for or alter the way in which | |
deputies or temporary additional officers appointed under section 74(1) of the | |
1978 Act are to be styled. | |
(4) Before making an order under this section the Lord Chancellor must consult | |
the Lord Chief Justice. | 5 |
(5) An order under this section may make such provision as the Lord Chancellor | |
considers necessary in consequence of any provision made under subsection | |
(1) or (3). | |
(6) The provision that may be made under subsection (5) includes provision | |
amending, repealing or revoking any enactment. | 10 |
(7) The power to make an order under this section is exercisable by statutory rule | |
for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. | |
1979/1573 (N.I. 12)). | |
(8) An order under this section is subject to annulment in pursuance of a | |
resolution of either House of Parliament in the same manner as a statutory | 15 |
instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies | |
accordingly. | |
(9) “The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23). | |
101 Official Solicitor of Northern Ireland | |
(1) In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official | 20 |
Solicitor ceases to have effect. | |
(2) Amend section 75 of the 1978 Act (Official Solicitor) as follows. | |
(3) For subsection (3) substitute— | |
“(3) A person shall be qualified for appointment as Official Solicitor if he is | |
a solicitor of the Supreme Court of at least 7 years’ standing.” | 25 |
(4) After subsection (5) insert— | |
“(6) The Official Solicitor shall hold and vacate office in accordance with the | |
terms of his appointment (which may include provision about | |
retirement, dismissal or resignation). | |
(7) The Lord Chancellor may pay to the Official Solicitor such | 30 |
remuneration and allowances as the Lord Chancellor may determine | |
with the consent of the Treasury. | |
(8) Service as the Official Solicitor is employment in the civil service of the | |
State for the purposes of section 1 of the Superannuation Act 1972 | |
(Principal Civil Service Pension Scheme). | 35 |
(9) While the office of Official Solicitor is vacant or the Official Solicitor is | |
unable or unwilling to act, the Lord Chancellor may, after consultation | |
with the Lord Chief Justice, appoint a person as temporary Official | |
Solicitor; and the temporary Official Solicitor— | |
(a) may be appointed only if qualified for appointment as Official | 40 |
Solicitor, | |
(b) shall have all the powers and duties of the Official Solicitor, and | |
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(c) may be paid remuneration and allowances by the Lord | |
Chancellor with the consent of the Treasury.” | |
(5) In section 68 of the 1978 Act (Supreme Court: departments)— | |
(a) in subsection (2)(b) for “statutory officer” substitute “officer”, and | |
(b) for subsection (4) substitute— | 5 |
“(4) The officer supervising a department shall discharge his | |
functions in accordance with directions given by the Lord | |
Chancellor.” | |
(6) In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the | |
words “Subject to subsection (2),”) cease to have effect. | 10 |
(7) In section 76 of the 1978 Act (property) paragraph (c) (which referred to the | |
Official Solicitor and which ceased to have effect by virtue of the Supreme | |
Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ | |
300)) shall again have effect. | |
(8) Nothing in this section has any effect in relation to the person who on the | 15 |
commencement of this section holds the office in Northern Ireland of Official | |
Solicitor to the Supreme Court. | |
102 Alteration of place fixed for Crown Court trial: Northern Ireland | |
An application under section 48(3) of the 1978 Act (application for variation of | |
place fixed for Crown Court trial) is no longer required to be heard in open | 20 |
court; and accordingly section 48(4) of the 1978 Act ceases to have effect. | |
103 Extension of time for criminal appeals to House of Lords: Northern Ireland | |
(1) Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to | |
appeal to House of Lords in certain criminal matters) as follows. | |
(2) In sub-paragraph (1)— | 25 |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of that court” substitute “relevant date”. | |
(3) After sub-paragraph (1) insert— | |
“(1A) In sub-paragraph (1), “the relevant date” means— | |
(a) the date of the decision of the court below, or | 30 |
(b) if later, the date on which that court gives reasons for its | |
decision.” | |
(4) Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) | |
(applications for leave to appeal to the House of Lords) as follows. | |
(5) In subsection (1)— | 35 |
(a) for “fourteen” (in both places) substitute “28”, and | |
(b) for “date of the decision of the Court” substitute “relevant date”. | |
(6) After subsection (1) insert— | |
“(1A) In subsection (1), “the relevant date” means— | |
(a) the date of the Court of Appeal’s decision, or | 40 |
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(b) if later, the date on which the Court gives reasons for its | |
decision.” | |
104 Fees: Northern Ireland | |
In section 116 of the 1978 Act (fees) after subsection (1) insert— | |
“(1A) Without prejudice to the generality of subsection (1), an order under | 5 |
that subsection may make provision for exemptions from fees and | |
remission of fees (in whole or in part).” | |
Part 9 | |
Final provisions | |
105 Interpretation | 10 |
(1) In this Act— | |
“the 1933 Act” means the Children and Young Persons Act 1933 (c. 12); | |
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19); | |
“the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23); | |
“the 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43); | 15 |
“the 1981 Act” means the Supreme Court Act 1981 (c. 54); | |
“the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41); | |
“the 1997 Act” means the Civil Procedure Act 1997 (c. 12); | |
“the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act | |
2000 (c. 6). | 20 |
(2) In this Act the following have the meaning given by section 71 of the 1990 | |
Act— | |
“5 year magistrates’ court qualification”; | |
“7 year general qualification”; | |
“Supreme Court qualification”. | 25 |
(3) In this Act “criminal court” has the meaning given by section 68. | |
(4) In this Act “judge”, except where the context otherwise requires, means a | |
person holding an office listed in subsection (2) of section 64 (power to alter | |
judicial titles). | |
(5) In this Act “lay justice” has the meaning given by section 9. | 30 |
(6) In this Act “Magistrates’ Courts Rule Committee” means the committee | |
appointed by the Lord Chancellor under section 144 of the 1980 Act. | |
(7) In this Act “Minister of the Crown” has the same meaning as in the Ministers | |
of the Crown Act 1975 (c. 26). | |
(8) In this Act “enactment” includes subordinate legislation and, except where | 35 |
otherwise provided, any reference to an enactment is to an enactment | |
whenever passed or made; and “subordinate legislation” here has the same | |
meaning as in the Interpretation Act 1978 (c. 30). | |
(9) In sections 100(6) and 107(4)(b) “enactment” also includes Northern Ireland | |
legislation (whenever passed or made); and “Northern Ireland legislation” | 40 |
here has the same meaning as in the Interpretation Act 1978. | |
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