House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Corporate Manslaughter and Corporate Homicide Bill
8

COMMONS INSISTENCE, NON-INSISTENCE AND AMENDMENTS IN LIEU

The Commons insist on their disagreement with the Lords in their Amendments Nos. 2, 3,

5, 6 and 10, do not insist on their Amendments 10F, 10G, 10H and 10I in lieu but propose

Amendments 10K, 10L, 10M and 10N in lieu—
10K
Page 2, line 31, leave out “subsection (1)” and insert “this Act”
10L
Page 3, leave out line 25
10M
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.”
10N
As an amendment to the Clause inserted into the Bill after Clause 19 by Lords

Amendment No. 33:—

Line 30, at end insert—

““premises includes land, buildings and moveable structures;”

lords insistence, disagreement and amendments in lieu

The Lords insist on their amendments 2, 3, 5, 6 and 10, disagree with the Commons in their

amendments 10K, 10L, 10M and 10N in lieu but propose Amendments 10P and 10Q in

lieu—
10P
Page 13, line 19, at beginning insert “Subject to subsection (1A),”
10Q
Page 13, line 20, at end insert—

“(1A)
The following provisions of this Act come into force on 1 January 2009—

(a)
section 2(1)(d);

(b)
sections 3(2), 3(3) and 5(3) so far as they relate to section 2(1)(d).”