S.C.E.
Amendment Paper as at
Thursday 22nd June 2006
STANDING COMMITTEE E
COMPENSATION BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [20th June].
Mr Oliver Heald
Angela Watkinson
Simon Hughes
Mr Philip Hollobone
10
Clause 1, page 1, line 11, at end add—
'(2) In determining negligence the court will have regard to—
| (a) | the extent that the person undertaking the activity obeyed the instructions given by the person providing the activities, and |
| (b) | the influence of drugs or alcohol.'. |
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
13
Clause 1, page 1, line 11, at end add—
'(2) In considering whether an activity is a desirable activity for the purposes of this Part, the court shall have particular regard to whether the claimant—
| (a) | willingly accepted a risk as his, or |
| (b) | entered onto land or into premises with the intention of committing an offence. |
(3) In determining whether a risk was accepted for the purposes of paragraph 2(a) the court shall decide using the same principles as in other cases in which one person owes a duty of care to another.'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
14
Clause 1, page 1, line 11, at end add—
'(2) In considering whether an activity is a desirable activity for the purposes of this Part, the court shall have regard to the age of the claimant and in particular whether the claimant is—
| (a) | under 10 years of age, or |
| (b) | under 14 years of age but can prove that he did not have the capacity to understand the nature of his actions.'. |
Mr Julian Brazier
26
Clause 1, page 1, line 11, at end add—
| '(c) | discourage persons or organisations from making land or water areas or courses available for recreational, educational or adventure training purposes.'. |
Mr Oliver Heald
Angela Watkinson
Simon Hughes
Mr Philip Hollobone
6
Clause 2, page 1, line 13, after 'offer', insert ', or provision,'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
15
Clause 3, page 1, line 18, leave out 'regulated'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
16
Clause 3, page 2, line 7, after 'by', insert 'the Secretary of State under the transitional provisions made under section (3) or'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
17
Clause 3, page 2, line 9, after second 'services', insert 'offered in England or Wales'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
18
Clause 3, page 2, line 27, after 'legal', insert 'or other'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
19
Clause 3, page 2, line 29, after 'another', insert—
| '( ) | any service for money or money's worth to persons bringing claims'. |
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
20
Clause 4, page 2, line 40, leave out 'may' and insert 'shall'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
25
Clause 4, page 2, line 40, leave out 'a person' and insert 'the Financial Services Authority'.
Simon Hughes
30
Clause 4, page 3, line 11, and end insert ', and ensuring maximum clarity and simplicity of all relevant documents,'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
21
Clause 4, page 3, line 18, at end insert—
| '(d) | is independent of any provider of claims management services,'. |
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
7
Clause 5, page 4, line 13, at end insert—
'(4A) The Secretary of State may not make an order under subsection (1) or (2) in relation to a trade union or other similar body.'.
Simon Hughes
31
Clause 6, page 4, line 28, leave out subsection (3).
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
22
Schedule, page 12, line 13, at end insert—
'(1A) A Code of Practice issued under subsection (1) shall include details of the fees to be charged for the provision of claims management services and the notification of such fees to clients.'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
23
Schedule, page 12, line 13, at end insert—
'(1A) A Code of Practice issued under subsection (1) shall include details of the advertising standards for providers of claims management services.'.
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
24
Schedule, page 12, line 13, at end insert—
'(1A) A Code of Practice issued under subsection (1) shall include details of the standards and accounting for customers money.'.
Simon Hughes
32
Clause 10, page 6, line 24, leave out subsection (6).
Simon Hughes
33
Clause 11, page 6, leave out line 31.
Simon Hughes
34
Clause 11, page 6, line 32, leave out 'also'.
Simon Hughes
35
Clause 11, page 6, line 34, leave out 'also'.
Simon Hughes
36
Clause 11, page 6, line 37, leave out 'also'.
Simon Hughes
37
Clause 11, page 6, line 40, leave out 'also'.
Bridget Prentice
12
Clause 17, page 9, line 27, leave out subsection (2).
NEW CLAUSES
Contributory negligence
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
NC1
To move the following Clause:—
'In determining the extent to which the claimant's damages shall be reduced by reason of his contributory negligence, a court may determine a reduction of 100 per cent. if the court considers it just and equitable to do so, with the result that the claim for damages fails.'.
Public authorities
Mr Oliver Heald
Angela Watkinson
Mr Philip Hollobone
NC2
To move the following Clause:—
'(1) The following principles apply in determining whether a public or other authority has taken appropriate steps to meet the standard of care required of it—
| (a) | the functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions, |
| (b) | the general allocation of those resources by the authority is not open to challenge, and |
| (c) | the functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the claim in negligence being considered by the court). |
(2) An authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the claim being considered by the court.
(3) Subject to subsection (3), this section extends to any liability of the authority for breach of statutory duty.
(4) This section shall not apply to claims by an employee against an employer arising out of the course of his employment.
(5) For the purpose of this section, "public or other authority" includes—
| (b) | Government departments, |
| (e) | any public or local authority constituted by or under an Act, or |
| (f) | any person having public official functions or acting in a public official capacity (whether or not employed as a public official), but only in relation to the exercise of the person's public official functions.'. |
Compensation for coalminers
John Mann
Mr Kevan Jones
NC3
To move the following Clause:—
'(1) Where costs have been paid by the Government under the schedules of any prescribed claims handling agreement, any additional monies levied from individual claimants shall be repaid immediately by the receiving agent to the claimant.
(2) For the purposes of this section—"claims handling agreement" means—
| (a) | the 1999 agreement between the Union of Democratic Mineworkers (UDM) and the Government on chronic obstructive pulmonary disease, |
| (b) | the 1999 agrement between Vendside Ltd and the Government on vibration white finger, and |
| (c) | the 1999 agreements on vibration white finger and chronic obstructive pulmonary disease between the claimants' solicitors group and the Government; |
"additional monies" includes membership fees, money in lieu of membership fees, marketing fees or other related charges;"receiving agent" means the solicitor or claims handler who received monies from the individual claimant.'.
ORDER OF THE HOUSE [8th JUNE 2006]
That the following provisions shall apply to the Compensation Bill [Lords]
Committal
1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee
2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 27th June 2006.
3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including proceedings on any message from the Lords) may be programmed.
ORDER OF THE COMMITTEE [20th JUNE]
That—
(1) during proceedings on the Compensation Bill [Lords], in addition to its first meeting on Tuesday 20th June at 4.30 p.m., the Standing Committee shall meet on Thursday 22nd June at 9.00 a.m. and 1.00 p.m. and on Tuesday 27th June at 4.30 p.m.;
(2) the proceedings shall be taken in the order shown below and shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 27th June: Clauses 1 to 8; Schedule; Clauses 9 to 17; and remaining proceedings on the Bill.
