House of Lords portcullis
House of Lords
Session 1998-99
Publications on the internet
Other Bills before Parliament
Amendments to the Road Traffic (NHS Charges) Bill

Road Traffic (NHS Charges) Bill -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Road Traffic (NHS Charges) Bill to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
  
  
Clause 1
 
  
BY THE LORD CLEMENT-JONES
 
1     Page 1, line 17, at end insert ("or the Employers' Liability (Compulsory Insurance) Act 1969") 
2     Page 1, line 20, leave out ("that Act") and insert ("the Road Traffic Act 1988") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
3     Page 1, line 22, leave out from ("Part") to end of line 24 
4     Page 1, line 24, at end insert (", or
    (e)  a payment made in respect of an accident caused by a vehicle which is not required to be insured by virtue of section 144(2) of the Road Traffic Act 1988,")
 
  
BY THE LORD CLEMENT-JONES
 
5     Page 1, line 25, leave out ("that Act") and insert ("the Road Traffic Act 1988") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
6     Page 2, line 24, leave out ("compensation payment made") and insert ("injury or death occurring") 
7     Page 2, line 25, leave out from ("force") to end of line 26 
  
Clause 2
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
8     Page 2, line 31, leave out ("may") and insert ("shall") 
9     Page 2, line 33, after ("State") insert ("or a person providing services to him") 
10     Page 3, line 17, leave out from ("force") to end of line 20 
11     Page 3, line 20, at end insert--
 
    ("(9A)  Subsection (1) does not apply where in respect of a traffic casualty a person making a compensation payment has previously been issued with one or more certificates, giving rise to an aggregate liability which equates to such maximum sum as may be set out in, or determined in accordance with, such regulations made under section 3(2) as are for the relevant period in force.
 
    (9B)  In subsection (9A) above, "the relevant period" means the days during which the traffic casualty has received NHS treatment at a health service hospital in respect of his injury and in respect of which the certificate, or certificates, have been issued.")
 
12     Page 3, line 26, at end insert--
 
    ("(  )  No certificate issued more than three months after the making of an application under subsection (8) shall have any legal effect.")
 
  
Clause 3
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
13     Page 3, line 29, after ("amounts") insert ("(expressed as the product of the amount set out in regulations under subsection (2) and, where applicable, the number of days that a traffic casualty has received NHS treatment at a health service hospital in respect of his injury)") 
14     Page 3, line 31, after ("out") insert ("in") 
15     Page 3, line 31, leave out (", or determined in accordance with,") 
  
BY THE LORD CLEMENT-JONES
 
16     Page 3, line 32, at end insert--
 
    ("(  )  Where the amount or amounts specified in regulations made in accordance with subsection (2) consist of a daily rate for in-patient treatment, such daily rate shall not exceed the average daily cost of NHS in-patient treatment for motor accident casualties from time to time specified.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
 
17     Page 3, line 43, leave out ("2nd July 1997") and insert ("the coming into force of this Act") 
  
BY THE LORD CLEMENT-JONES
 
18     Page 3, line 43, leave out ("2nd July 1997") and insert ("1st April 1998") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
19     Page 4, line 3, at end insert--
 
    ("(  )  Regulations under this section, other than the first such regulations, may not be made--
    (a)  until after consultation with such bodies representing the insurance industry as the Secretary of State shall determine; and
    (b)  unless one calendar month's notice of the content of such regulations has been given to those bodies.")
 
20     Page 4, line 6, at end insert--
 
    ("(  )   No amount specified in a certificate shall anticipate either in whole or in part NHS treatment at a health service hospital which post-dates that certificate.")
 
  
Clause 4
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
21     Page 4, line 14, leave out from ("before") to end of line 15 and insert ("the compensation payment in respect of the injury or death of the traffic casualty is made.") 
  
Clause 5
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
22     Page 4, line 28, after ("1(2)") insert ("as the case may be, before making a compensation payment or") 
23     Page 4, line 36, leave out ("immediately") and insert ("within three months") 
24     Page 4, line 37, leave out from beginning to ("from") in line 38 and insert ("In the event that a demand for payment made under subsection (2) is not paid within three months of the date on which it was made, the Secretary of State may recover such penalty charge as may be provided in regulations up to a maximum of twice the amount specified in the demand") 
25     Page 4, line 42, leave out from ("court") to end of line 43 
26     Page 5, line 1, leave out subsection (5) 
  
Clause 7
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
27     Page 5, line 29, after ("amounts)") insert ("or number of days") 
28     Page 6, line 5, leave out ("may") and insert ("shall") 
29     Page 6, line 10, at end insert--
 
    ("(5)  Regulations under this section may not be made until after consultation with such bodies representing the insurance industry as the Secretary of State shall determine.")
 
  
Clause 8
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
30     Page 6, leave out lines 31 and 32 
  
Clause 9
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
31     Page 6, line 36, leave out ("Regulations may provide that") and insert ("In England and Wales,") 
  
BY THE LORD CLEMENT-JONES
 
32     Page 6, line 36, leave out ("Regulations may provide that an appeal lies") and insert ("In England and Wales an appeal shall lie") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
33     Page 6, line 38, leave out subsection (2) 
  
Clause 11
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
34     Page 7, line 30, leave out ("the traffic casualty or,") 
35     Page 7, line 37, leave out subsection (3) 
  
Clause 14
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
 
36     Page 9, leave out lines 19 and 20 
  
Clause 15
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. 
  
Clause 16
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
37     Page 9, line 35, leave out ("or areas") 
  
Clause 17
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
38     Page 10, line 8, leave out from ("1977") to end of line 9 
39     Page 10, line 15, leave out from ("1990") to end of line 16 
40     Page 10, line 28, leave out from beginning to ("and") in line 32 and insert ("has the meaning given in section 192 of the Road Traffic Act 1988;") 
41     Page 10, leave out lines 31 and 32 
  
Clause 18
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
42     Page 11, line 6, leave out from ("1977") to end of line 7 
  
Clause 20
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
43     Page 11, line 40, leave out subsections (5) to (10) 
  
Clause 21
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
44     Page 12, line 21, leave out subsections (4) and (5) and insert--
 
    ("(4)  This Act extends to England and Wales only.")
 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 18 February 1999