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Corporate Manslaughter and Corporate Homicide Bill


 
 

 

Corporate Manslaughter and Corporate Homicide Bill

lords reason for insisting on their amendments and FOR

disagreeing to commons amendment in lieu

[The page and line references are to HL Bill 19, the bill as first printed for the Lords.]

Clause 2

LORDS AMENDMENT NO. 2

2

Page 2, line 29, at end insert—

 

“(d)    

a duty owed to anyone held in custody.”

 

COMMONS disAGREEMENT and amendment in lieu

 

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

 

Amendment 10A in lieu.

 

lords insistence and reason

 

The Lords insist on their Amendment 2 for the following Reason—

2A

Because it is appropriate that a relevant duty of care should be owed to anyone held in

 

custody

 

LORDS AMENDMENT NO. 3

3

Page 3, line 12, at end insert—

 

““custody” includes being held in prison, secure mental healthcare

 

facilities, secure children’s homes, secure training centres,

 

immigration removal centres, court cells and police cells, and being

 

subject to supervision by court, prisoner and detainee escort

 

services;”

 

COMMONS disAGREEMENT and amendment in lieu

 

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

 

Amendment 10A in lieu.

 
 
Bill 113 54/2

 
 

Corporate Manslaughter and Corporate Homicide Bill

2

 
 

lords insistence and reason

 

The Lords insist on their Amendment 3 for the following Reason—

3A

Because it is appropriate that a relevant duty of care should be owed to anyone held in

 

custody

Clause 3

LORDS AMENDMENT NO. 5

5

Page 3, line 37, leave out “or (b)” and insert “, (b) or (d)”

 

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

 

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

 

Amendment 10A in lieu.

 

lords insistence and reason

 

The Lords insist on their Amendment 5 for the following Reason—

5A

Because it is appropriate that a relevant duty of care should be owed to anyone held in

 

custody

 

LORDS AMENDMENT NO. 6

6

Page 3, line 40, leave out “or (b)” and insert “, (b) or (d)”

 

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

 

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

 

Amendment 10A in lieu.

 

lords insistence and reason

 

The Lords insist on their Amendment 6 for the following Reason—

6A

Because it is appropriate that a relevant duty of care should be owed to anyone held in

 

custody

Clause 5

LORDS AMENDMENT NO. 10

10

Page 5, line 8, leave out “or (b)” and insert “, (b) or (d)”

 

COMMONS DISAGREEMENT AND AMENDMENT IN LIEU

 

The Commons disagree to Lords Amendments Nos. 2, 3, 5, 6 and 10 but propose

 

Amendment 10A in lieu—

10A

Page 2, line 43, at end insert—


 
 

Corporate Manslaughter and Corporate Homicide Bill

3

 
 

“(5A)    

The Secretary of State may by order make amendments to this section to the

 

effect that a duty of care owed by an organisation under the law of

 

negligence to a person who—

 

(a)    

is in any specified form of custody or detention, or is otherwise on

 

premises of a specified description or on premises in specified

 

circumstances, and

 

(b)    

is by reason of that fact a person for whose safety the organisation

 

is responsible,

 

    

is a “relevant duty of care”.

 

(5B)    

An order under subsection (5A)—

 

(a)    

may amend this Act so as to specify exceptions with respect to the

 

application of any provision contained in this section as a result of

 

such an order;

 

(b)    

may make any amendment to this Act that is incidental or

 

supplemental to, or consequential on, an amendment made by such

 

an order.

 

(5C)    

An order under subsection (5A) is subject to affirmative resolution

 

procedure.”

 

lords insistence and reason

 

The Lords insist on their Amendment 10 and disagree with the Commons in their

 

Amendment 10A in lieu for the following Reason—

10B

Because it is appropriate that a relevant duty of care should be owed to anyone held in

 

custody


 
   
 

 
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