sc1552206.237-239

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
237

House of Commons

Thursday 22nd June 2006

Standing Committee Proceedings

Standing Committee E

Compensation Bill [Lords]

[SECOND AND THIRD SittingS]

Mr Oliver Heald

Angela Watkinson

Simon Hughes

Mr Philip Hollobone

Withdrawn  10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

Not called  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

Not called  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

S.C.E.  Standing Committee Proceedings: 22nd June 2006
238

Compensation Bill–[ [], continued

(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

Not called  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.’.

Clause Agreed to.

Mr Oliver Heald

Angela Watkinson

Simon Hughes

Mr Philip Hollobone

Withdrawn  6

Clause  2,  page  1,  line  13,  after ‘offer’, insert ‘, or provision,’.

Clause Agreed to.

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Withdrawn  15

Clause  3,  page  1,  line  18,  leave out ‘regulated’.

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Not moved  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

Withdrawn  17

Clause  3,  page  2,  line  9,  after second ‘services’, insert ‘offered in England or

Wales’.

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Not called  18

Clause  3,  page  2,  line  27,  after ‘legal’, insert ‘or other’.

S.C.E.  Standing Committee Proceedings: 22nd June 2006
239

Compensation Bill–[ [], continued

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Withdrawn  19

Clause  3,  page  2,  line  29,  after ‘another’, insert—

‘( )
any service for money or money’s worth to persons bringing claims’.

Clause Agreed to.

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Withdrawn  20

Clause  4,  page  2,  line  40,  leave out ‘may’ and insert ‘shall’.

Mr Oliver Heald

Angela Watkinson

Mr Philip Hollobone

Not called  25

Clause  4,  page  2,  line  40,  leave out ‘a person’ and insert ‘the Financial Services

Authority’.

Simon Hughes

Withdrawn  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

Withdrawn  21

Clause  4,  page  3,  line  18,  at end insert—

‘(d)
is independent of any provider of claims management services,’.

Clause Agreed to.

[Adjourned till Tuesday at 4.30 p.m.