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| | Compensation Bill [Lords]
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| | Clause 5, page 4, line 13, at end insert— |
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| | | ‘(4A) | The Secretary of State may not make an order under subsection (1) or (2) in |
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| | | relation to a trade union or other similar body.’. |
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| | Clause 6, page 4, line 28, leave out subsection (3). |
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| | | Clauses 7 and 8 Agreed to. |
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| | Schedule, page 12, line 13, at end insert— |
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| | | ‘(1A) | A Code of Practice issued under subsection (1) shall include details of the fees to |
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| | | be charged for the provision of claims management services and the notification |
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| | | of such fees to clients.’. |
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| | Schedule, page 12, line 13, at end insert— |
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| | | ‘(1A) | A Code of Practice issued under subsection (1) shall include details of the |
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| | | advertising standards for providers of claims management services.’. |
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| | Schedule, page 12, line 13, at end insert— |
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| | | ‘(1A) | A Code of Practice issued under subsection (1) shall include details of the |
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| | | standards and accounting for customers money.’. |
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| | Clause 10, page 6, line 24, leave out subsection (6). |
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| | Clause 11, page 6, leave out line 31. |
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| | Clause 11, page 6, line 32, leave out ‘also’. |
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| | Clause 11, page 6, line 34, leave out ‘also’. |
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| | Clause 11, page 6, line 37, leave out ‘also’. |
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| | Clause 11, page 6, line 40, leave out ‘also’. |
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| | | Clauses 12 and 13 Agreed to. |
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| | Clause 14, page 9, line 9, leave out from ‘section 5’ to end of line 10 and insert |
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| | ‘may not be made unless a draft has been laid before, and approved by resolution of, each |
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| | Clause 15, page 9, line 17, at end insert— |
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| | | ‘(1A) | The preceding provisions of this Act, other than sections 1 and 2, shall cease to |
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| | | have effect on 1st January 2012 or upon the entry into force of the Legal Services |
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| | | Act 2007, whichever is the earlier.’. |
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| | Clause 17, page 9, line 27, leave out subsection (2). |
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| | | Clause, as amended, Agreed to. |
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| | To move the following Clause:— |
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| | | ‘In determining the extent to which the claimant’s damages shall be reduced by |
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| | | reason of his contributory negligence, a court may determine a reduction of 100 |
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| | | per cent. if the court considers it just and equitable to do so, with the result that |
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| | | the claim for damages fails.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The following principles apply in determining whether a public or other authority |
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| | | has taken appropriate steps to meet the standard of care required of it— |
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| | | (a) | the functions required to be exercised by the authority are limited by the |
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| | | financial and other resources that are reasonably available to the |
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| | | authority for the purpose of exercising those functions, |
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| | | (b) | the general allocation of those resources by the authority is not open to |
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| | | (c) | the functions required to be exercised by the authority are to be |
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| | | determined by reference to the broad range of its activities (and not |
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| | | merely by reference to the claim in negligence being considered by the |
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| | | (2) | An authority may rely on evidence of its compliance with the general procedures |
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| | | and applicable standards for the exercise of its functions as evidence of the proper |
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| | | exercise of its functions in the claim being considered by the court. |
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| | | (3) | Subject to subsection (3), this section extends to any liability of the authority for |
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| | | breach of statutory duty. |
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| | | (4) | This section shall not apply to claims by an employee against an employer arising |
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| | | out of the course of his employment. |
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| | | (5) | For the purpose of this section, “public or other authority” includes— |
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| | | (b) | Government departments, |
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| | | (e) | any public or local authority constituted by or under an Act, or |
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| | | (f) | any person having public official functions or acting in a public official |
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| | | capacity (whether or not employed as a public official), but only in |
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| | | relation to the exercise of the person’s public official functions.’. |
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| | | Compensation for coalminers |
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| | To move the following Clause:— |
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| | | ‘(1) | Where costs have been paid by the Government under the schedules of any |
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| | | prescribed claims handling agreement, any additional monies levied from |
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| | | individual claimants shall be repaid immediately by the receiving agent to the |
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| | | (2) | For the purposes of this section—
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| | | “claims handling agreement” means— |
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| | | (a) | the 1999 agreement between the Union of Democratic Mineworkers |
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| | | (UDM) and the Government on chronic obstructive pulmonary disease, |
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| | | (b) | the 1999 agrement between Vendside Ltd and the Government on |
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| | | vibration white finger, and |
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| | | (c) | the 1999 agreements on vibration white finger and chronic obstructive |
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| | | pulmonary disease between the claimants’ solicitors group and the |
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| | | | “additional monies” includes membership fees, money in lieu of membership |
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| | | fees, marketing fees or other related charges;
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| | | “receiving agent” means the solicitor or claims handler who received monies |
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| | | from the individual claimant.’. |
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| | | Bill, as amended, to be reported. |
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