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Lord McIntosh of Haringey moved Amendments Nos. 67 to 83:
- Page 199, line 32, leave out "or costs" and insert ", costs or expenses"
- Page 200, line 1, leave out paragraph (b) and insert—
On Question, amendments agreed to.
Lord Grocott: I beg to move that the House do now resume.
Moved accordingly, and, on Question, Motion agreed to.
Returned from the Commons agreed to.
Returned from the Commons with certain amendments disagreed to but with amendments proposed to the words so restored to the Bill; with further amendments disagreed to but with amendments proposed in lieu thereof and a consequential amendment to the Bill; and with the remaining amendments agreed to; it was ordered that the Commons amendments be printed. (HL Bill 104)
"(b) for the purpose of enforcing a decision to award damages, costs or expenses (other than a decision to which paragraph (c) applies), by the person to whom the sum concerned was awarded; and
(c) for the purpose of enforcing a decision to award damages which is the subject of an order under section 47B(5A) of the 1998 Act, by the specified body concerned."
Page 200, line 9, leave out paragraph (b) and insert—
"(b) for the purpose of enforcing a decision to award damages, costs or expenses (other than a decision to which paragraph (c) applies), by the person to whom the sum concerned was awarded; and
(c) for the purpose of enforcing a decision to award damages which is the subject of an order under section 47B(5A) of the 1998 Act, by the specified body concerned."
Page 200, line 16, leave out "or costs" and insert "costs or expenses"
Page 200, line 25, leave out paragraphs 6 and 7 and insert—
"6 A decision of the Tribunal in proceedings under section 47B of the 1998 Act which—
(a) awards damages to an individual in respect of a claim made or continued on his behalf (but is not the subject of an order under section 47B(5A)); or
(b) awards costs or expenses to an individual in respect of proceedings in respect of a claim made under section 47A of that Act prior to its being continued on his behalf in the proceedings under section 47B,
may only be enforced by the individual concerned with the permission of the High Court or Court of Session.
7 An award of costs or expenses against a specified body in proceedings under section 47B of the 1998 Act may not be enforced against any individual on whose behalf a claim was made or continued in those proceedings.
8 In this Part of this Schedule any reference to damages includes a reference to any sum of money (other than costs or expenses) which may be awarded in respect of a claim made under section 47A of the 1998 Act or included in proceedings under section 47B of that Act."
Page 201, line 6, at end insert—
"(3) Tribunal rules may make provision as to the time limits for making claims to which section 47A of the 1998 Act applies in proceedings under section 47A or 47B."
Page 201, line 8, leave out "a claim for damages under section 47A" and insert "proceedings under section 47A or 47B"
Page 201, line 14, leave out paragraph 12 and insert—
"12 Tribunal rules may provide for the Tribunal—
(a) to reject the whole of any proceedings under section 47B of the 1998 Act if it considers that the person bringing the proceedings is not entitled to do so or that the proceedings do not satisfy the requirements of section 47B(1);
(b) to reject any claim which is included in proceedings under section 47B if it considers that—
(i) the claim is not a consumer claim (within the meaning of section 47B(2)) which may be included in such proceedings; or
(ii) the individual concerned has not consented to its being made or continued on his behalf in such proceedings;
(c) to reject any claim made under section 47A of the 1998 Act or included in proceedings under section 47B of that Act if it considers that there are no reasonable grounds for making it."
Page 202, line 12, leave out from "in" to end of line 15 and insert "paragraph 1(2)"
Page 202, line 32, at end insert—
"(1A) Rules under sub-paragraph (1)(h) may provide, in relation to a claim made under section 47A of the 1998 Act which is continued on behalf of an individual in proceedings under section 47B of that Act, for costs or expenses to be awarded to or against that individual in respect of proceedings on that claim which took place before it was included in the proceedings under section 47B of that Act.
(1B) Otherwise Tribunal rules may not provide for costs or expenses to be awarded to or against an individual on whose behalf a claim is made or continued in proceedings under section 47B of the 1998 Act."
Page 203, line 9, leave out "or" and insert "and"
Page 203, line 18, leave out "damages or other"
Page 203, line 24, leave out sub-paragraph (3).
Page 204, line 7, at end insert—
"(2) Tribunal rules may make, in relation to a claim included in proceedings under section 47B of the 1998 Act, any provision which may be made under sub-paragraph (1) in relation to the whole proceedings."
Page 204, line 30, leave out "for damages"
Page 204, line 40, leave out from "claim" to end of line 41 and insert "made in proceedings under section 47A of the 1998 Act"
Page 205, line 1, leave out from "provision" to "in" in line 2 and insert "in connection with the transfer of a claim to which section 47A of the 1998 Act applies"
House adjourned at ten minutes before eleven o'clock.
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