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Courts Bill [HL]


Courts Bill [HL]
Part 8 — Miscellaneous

    53

 

                  (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

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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

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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.”

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     (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

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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

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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—

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           (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,

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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

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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)—

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    54

 

                    “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—

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                  (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—

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           (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);

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           (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

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                    District Judge

                    Judge of the Court of Appeal

                    Lord Chief Justice

                    Master (Bankruptcy)

                    Master (Care and Protection)

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                    Master (Chancery)

                    Master (Enforcement of Judgments)

                    Master (High Court)

                    Master (Probate and Matrimonial)

                    Master (Queen’s Bench and Appeals)

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                    Master (Taxing Office)

                    Presiding judge for the county courts

                    Puisne judge of the High Court.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    55

 

     (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.

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     (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

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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.”

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     (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).

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           (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

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Solicitor,

                  (b)                 shall have all the powers and duties of the Official Solicitor, and

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    56

 

                  (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

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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

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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)—

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           (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

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                  (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)—

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           (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

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Courts Bill [HL]
Part 9 — Final provisions

    57

 

                  (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

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     (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);

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                    “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).

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     (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”.

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     (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.

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     (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

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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”

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here has the same meaning as in the Interpretation Act 1978.

 

 

 
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