|
| |
| | |
| | |
| |
| | | ‘(2) | After subsection 1(6) of the Occupiers’ Liability Act 1984 (c. 3), there is |
|
| | | |
| | | “( ) | No duty is owed by virtue of this section to any person in respect of risks |
|
| | | which are caused solely by the actions of that person.”. |
|
| | | (3) | After subsection 2(3) of that Act, there is inserted— |
|
| | | “( ) | No duty is owed by virtue of this section to any person in respect of risks |
|
| | | which are caused solely by the actions of that person.”.’. |
|
| | |
| | | |
| | Page 1, line 11 [Clause 1], at end insert— |
|
| | | ‘(2) | After subsection 1(1) of the Occupiers’ Liability Act 1984 (c. 3), there is |
|
| | | |
| | | “( ) | In determining whether any, and if so what, duty is owed by virtue of |
|
| | | section 1 by an occupier of land, regard is to be had to the fact that no |
|
| | | undue burden (whether financial or otherwise) should be placed on the |
|
| | | |
| | | (3) | After subsection 2(4)(b) of the Occupiers’ Liability Act 1957 (c. 31), there is |
|
| | | |
| | | “( ) | No undue burden (whether financial or otherwise) should be placed on |
|
| | | |
| | |
| | | |
| | Page 1, line 11 [Clause 1], at end insert— |
|
| | | ‘(2) | In section 1 of the Occupiers’ Liability Act 1984 (c. 3), for subsection 6A there is |
|
| | | |
| | | “(6A) | No duty is owed by virtue of this section to any person in respect of— |
|
| | | (a) | a risk resulting from the existence of any natural feature of the |
|
| | | landscape, or any river, stream, ditch or pond whether or not a |
|
| | | |
| | | (b) | a risk of that person suffering injury when passing under or |
|
| | | through any wall, fence or gate, except by proper use of the gate |
|
| | | |
| | |
| | |
| | | |
| | Page 2, line 38 [Clause 3], at end insert— |
|
| | | ‘(5) | The Secretary of State may by order provide that a claim for a specified benefit |
|
| | | shall be treated as a claim for the purposes of this Part. |
|
| | | (6) | The Secretary of State may specify a benefit under subsection (5) only if it |
|
| | | appears to him to be a United Kingdom social security benefit designed to provide |
|
| | | compensation for industrial injury.’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 8, line 44 [Clause 14], at end insert— |
|
| | | ‘(3A) | An order under section 3(5) may not be made unless a draft has been laid before, |
|
| | | and approved by resolution of, each House of Parliament.’. |
|
| | |
| | |
| | | |
| | Page 9, line 8 [Clause 14], at end insert— |
|
| | | ‘(5A) | The first order made under section 5 may not be made unless a draft has been laid |
|
| | | before, and approved by resolution of, each House of Parliament. |
|
| | | (5B) | An order under section 5 which has the effect of removing or restricting an |
|
| | | exemption from section 3(1) may not be made unless a draft has been laid before, |
|
| | | and approved by resolution of, each House of Parliament.’. |
|
| | |
| | | |
| | Page 9, line 9 [Clause 14], leave out ‘an’ and insert ‘any other’ |
|
| | |
| | | |
| | Page 9, line 16 [Clause 15], leave out ‘section 1’ and insert ‘sections 1, 2 and |
|
| | [Mesothelioma: damages]’. |
|
| | |
| | | |
| | Page 9, line 22 [Clause 15], at end insert— |
|
| | | ‘(3) | Section [Mesothelioma: damages] shall be treated as having always had effect. |
|
| | | (4) | But the section shall have no effect in relation to— |
|
| | | (a) | a claim which is settled before 3rd May 2006 (whether or not legal |
|
| | | proceedings in relation to the claim have been instituted), or |
|
| | | (b) | legal proceedings which are determined before that date. |
|
| | | (5) | Where a claim is settled on or after that date and before the date on which this Act |
|
| | | is passed, a party to the settlement may apply to a relevant court to have the |
|
| | | |
| | | (a) | a court is a relevant court for that purpose if it had, or would have had, |
|
| | | jurisdiction to determine the claim by way of legal proceedings, |
|
| | | (b) | an application shall be brought as an application in, or by way of, |
|
| | | proceedings on the claim, and |
|
| | | (c) | a court to which an application is made shall vary the settlement to such |
|
| | | extent (if any) as appears appropriate to reflect the effect of section |
|
| | | |
| | | (6) | Where legal proceedings are determined on or after that date and before the date |
|
| | | on which this Act is passed, a party to the proceedings may apply to the court to |
|
| | | vary the determination; and— |
|
| | | (a) | “the court” means the court which determined the proceedings, |
|
| | | (b) | the application shall be treated as an application in the proceedings, and |
|
| | | (c) | the court shall vary the determination to such extent (if any) as appears |
|
| | | appropriate to reflect the effect of section [Mesothelioma: damages].’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 9, line 24 [Clause 16], at end insert— |
|
| | | ‘(2) | But section [Mesothelioma: damages] (and section 15(3) to (6)) shall extend to— |
|
| | | |
| | | |
| | | |
| | |
| | |
| | |
| | | |
| | Page 12, line 13 [Schedule], 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.’. |
|
| | |
| | |
| | | |
| | Title, line 2, after ‘duty;’, insert ‘to make provision about damages for mesothelioma;’. |
|
| | | The Bill was read the third time, and passed, with Amendments. |
|
| | |
|
