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back to previous amendments
| 76A* | Insert the following new Clause— |
| | A duty of care owed by a person only in his capacity as a trustee shall not constitute a relevant duty of care." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 78 | Page 7, line 30, leave out "attitudes," |
| 78A* | Page 7, line 30, after "attitudes," insert "motives," |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 79 | Page 7, line 34, at end insert— |
| "( ) | have regard to whether the organisation had appointed one of its directors as a dedicated health and safety director." |
| 79A* | Page 7, line 34, at end insert— |
| "( ) | have regard to the extent to which the cause of death was the negligence of, or failure to carry out an instruction of, an employee below the level of senior management." |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 80 | Page 8, line 10, leave out "("the relevant breach")" |
| 81 | Page 8, line 11, leave out "the relevant breach" |
| 82 | Page 8, line 13, leave out paragraph (c) |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 83 | Page 8, line 15, at end insert— |
| "( ) | An order under subsection (1) shall— |
| (a) | identify a person or persons within the organisation to be responsible for ensuring that steps are taken; and |
| (b) | require that there is a report back to the court with details of the steps taken." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 84 | Page 8, line 15, at end insert— |
| "( ) | A court before which an organisation is convicted of corporate manslaughter or corporate homicide may order it to take specified steps to— |
| (a) | prevent the occurrence of future instances of the breach mentioned in section 1(1), |
| (b) | publicise its conviction for corporate manslaughter or corporate homicide and any associated convictions, or |
| (c) | make reparation to any person or persons particularly affected by the death of the victim of corporate manslaughter or corporate homicide, or to the public or any section of the public." |
| 85 | Page 8, line 16, leave out "only" |
| 86 | Page 8, line 17, at end insert ", or on the court's own motion" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 87 | Page 8, line 22, leave out subsection (3) |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| 88 | Page 8, line 30, at end insert— |
| "( ) | A person referred to in any order as being responsible for the specified steps may be guilty of contempt if the specified steps are not taken." |
| | LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN |
| 89 | Page 8, line 30, at end insert— |
| "( ) | Where such failure is substantially caused by the act or omission of a member of senior management such person shall be guilty of an offence and liable on conviction on indictment to a fine and in the case of a director, including a shadow director, liable to an order of disqualification for such period as the court thinks fit." |
| | Lord Berkeley gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill. |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 90 | Page 12, line 17, leave out "cannot" and insert "can" |
| 91 | Page 12, line 19, leave out "cannot" and insert "can" |
| | LORD WEDDERBURN OF CHARLTON
BARONESS TURNER OF CAMDEN |
| 92 | Leave out Clause 16 and insert the following new Clause— |
| (1) | This Act affects the primary criminal liability of organisations and not of individuals. |
| (2) | Nothing in this Act affects the secondary liability of any person for aiding, abetting, counselling or procuring the offence of corporate manslaughter or the offence of corporate homicide, or for being art or part in such offence. |
| (3) | Nothing in this Act affects the law of conspiracy. |
| (4) | An offence under this Act constitutes an illegal act or illegal means for the purposes of the law of tort." |
| | BARONESS TURNER OF CAMDEN
LORD HOYLE |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. |
| 93 | Insert the following new Clause— |
| | "Limitation of proceedings |
| | Proceedings for an offence of corporate manslaughter may not be instituted against an organisation if an action for damages for negligence would be time barred under the provisions of the Limitation Act 1980 (c. 58)." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 94 | Insert the following new Schedule— |
| | LIST OF STATUTORY PROVISIONS |
| | Fire Precautions Act of 1971 (c. 40) |
| | Civil Aviation Act 1982 (c. 16) |
| | Building Act 1984 (c. 55) |
| | Section 11 of the Food and Environment Protection Act 1985 (c. 48) |
| | Sections 41 and 45 of the Transport and Works Act 1992 (c. 42) |
| | Activity Centres (Young Persons' Safety) Act 1995 (c. 15) |
| | Merchant Shipping Act 1995 (c. 21) |
| | Section 44 of the Employment Rights Act 1996 (c. 18) |
| | Human Rights Act 1998 (c. 42) |
| | Section 157 of the Education Act 2002 (c. 32) |
| | Railways and Transport Safety Act 2003 (c. 20) |
| | Gangmasters (Licensing) Act 2004 (c. 11)" |
| | LORD HUNT OF WIRRAL
LORD HENLEY |
| 95 | Page 14, line 8, at end insert— |
| "( ) | in any place outside of the United Kingdom, where an inquest or fatal accident inquiry held in England, Wales, Scotland or Northern Ireland has brought a verdict of "unlawful killing" and the death was caused by circumstances identifiable under section 1(1) of this Act." |
| | LORD RAZZALL
LORD LEE OF TRAFFORD |
| 96 | Page 14, line 8, at end insert— |
| "( ) | in any place of detention managed by the United Kingdom armed forces, if the person in section 1(1)(a) is detained by the United Kingdom armed forces in that place." |
| 97 | Page 14, line 14, at end insert— |
| "( ) | Section 1 also applies if the harm resulting in the death took place outside the United Kingdom, but the conduct set out in section 1(1) of this Act took place substantially within the United Kingdom." |
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