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Index of Amendments

S.C.E.

Amendment Paper as at
Tuesday 27th 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
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
Simon Hughes

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'.


   

Simon Hughes

38

Clause     14,     page     9,     line     9,     leave out from 'section 5' to end of line 10 and insert 'may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.


   

Simon Hughes

39

Clause     15,     page     9,     line     17,     at end insert—

    '(1A)   The preceding provisions of this Act, other than sections 1 and 2, shall cease to have effect on 1st January 2012 or upon the entry into force of the Legal Services Act 2007, whichever is the earlier.'.


   

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—

      (a) the Crown,

      (b) Government departments,

      (c) NHS bodies,

      (d) local authorities,

      (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.


 
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Prepared 27 Jun 2006