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501

 

House of Commons

 
 

Wednesday 11th July 2007

 

Proceedings

 

on Consideration of Lords Message

 

Corporate Manslaughter and Corporate Homicide Bill


 

On Consideration of Lords Reasons for insisting on their Amendments to which the Commons have


 

disagreed and for disagreeing to the Commons Amendment to the Bill in lieu


 

Lords Reasons Nos. 2C, 3C, 5C, 6C and 10J

 

Mr Secretary Straw                                                                                          

Agreed to on division

 

To move, That this House insists on its disagreement with the Lords in their Amendments Nos.

 

2, 3, 5, 6 and 10, but does not insist on its Amendments 10F to 10I in lieu and proposes the following

 

further Amendments to the Bill in lieu of Lords Amendments Nos. 2, 3, 5, 6 and 10:—

 

  (a)

 

Page  2      ,  line  31  ,  leave out ‘subsection (1)’ and insert ‘this Act’.

 

  (b)

 

Page  3,  leave out line 25.

 

  (c)

 

Page  13      ,  line  3  ,  at end insert the following new Clause:—

 

         

‘Power to extend meaning of “relevant duty of care”

 

(1)    

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

 

that a “relevant duty of care” includes a duty of care owed by an organisation

 

under the law of negligence to a person of a specified description who—

 

(a)    

is in custody or detention, or otherwise is required by virtue of a statutory

 

provision to remain or reside on particular premises, or is subject to some

 

other form of restriction of his liberty, and

 

(b)    

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

 

responsible.

 

(2)    

An order under this section—

 

(a)    

may amend this Act so as to restrict or disapply exceptions as regards the

 

application of any provision contained in this Act 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.

 

(3)    

An order under this section is subject to affirmative resolution procedure.’.


 
 

Proceedings on Consideration of Lords Message: 11th July 2007

502

 

Corporate Manslaughter and Corporate Homicide Bill, continued

 
 

As an Amendment to the Clause inserted into the Bill after Clause 19 by Lords Amendment

 

No. 33:—

 

  (d)

 

Line  30,  at end insert—

 

‘“premises” includes land, buildings and moveable structures;’.

 

 


 
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