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Courts Bill [HL]


Courts Bill [HL]
Part 8 — Miscellaneous

    42

 

     (6)    The Lord Chancellor must take such steps as are reasonably practicable to

bring information about fees to the attention of persons likely to have to pay

them.

     (7)    Fees payable under this section are recoverable summarily as a civil debt.

     (8)    Subsection (9) applies in relation to an authority which has power to prescribe

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fees payable in any of the courts referred to in subsection (1).

     (9)    Nothing in this section prevents the authority from applying to any extent

provisions contained in an order made under this section; and an instrument

made in exercise of the power is to be read (unless the contrary intention

appears) as applying those provisions as amended from time to time.

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 88    Award of costs against third parties

After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—

       “19B            Provision for award of costs against third parties

           (1)           The Lord Chancellor may by regulations make provision empowering

magistrates’ courts, the Crown Court and the Court of Appeal to make

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a third party costs order if the condition in subsection (3) is satisfied.

           (2)           A “third party costs order” is an order as to the payment of costs

incurred by a party to criminal proceedings by a person who is not a

party to those proceedings (“the third party”).

           (3)           The condition is that—

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                  (a)                 there has been serious misconduct (whether or not constituting

a contempt of court) by the third party, and

                  (b)                 the court considers it appropriate, having regard to that

misconduct, to make a third party costs order against him.

           (4)           Regulations made under this section may, in particular—

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                  (a)                 specify types of misconduct in respect of which a third party

costs order may not be made;

                  (b)                 allow the making of a third party costs order at any time;

                  (c)                 make provision for any other order as to costs which has been

made in respect of the proceedings to be varied on, or taken

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account of in, the making of a third party costs order;

                  (d)                 make provision for account to be taken of any third party costs

order in the making of any other order as to costs in respect of

the proceedings.

           (5)           Regulations made under this section in relation to magistrates’ courts

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must provide that the third party may appeal to the Crown Court

against a third party costs order made by a magistrates’ court.

           (6)           Regulations made under this section in relation to the Crown Court

must provide that the third party may appeal to the Court of Appeal

against a third party costs order made by the Crown Court.”

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Courts Bill [HL]
Part 8 — Miscellaneous

    43

 

 89    Fixing of fines: failure to furnish statement of financial circumstances

     (1)    In section 128(5) of the 2000 Act (fixing of fines: power of court to make

determination of financial circumstances where offender has failed to co-

operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—

                        “(zi)                                                      has failed to furnish a statement of his financial

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circumstances in response to a request which is an

official request for the purposes of section 20A of the

Criminal Justice Act 1991 (offence of making false

statements as to financial circumstances),”.

     (2)    “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000

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(c. 6).

Register of judgments etc. and execution of writs

 90    Register of judgments and orders etc.

     (1)    A register is to be kept, in accordance with regulations, of—

           (a)           judgments entered in the High Court;

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           (b)           judgments entered in county courts;

           (c)           administration orders made under section 112 of the County Courts

Act 1984 (c. 28) (power of county courts to make administration

orders);

           (d)           orders restricting enforcement made under section 112A of that Act

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(power of county courts to restrict enforcement of debts in lieu of

administration order);

           (e)           sums which are, for the purposes of the 1980 Act, sums adjudged to be

paid by a conviction or order of a magistrates’ court.

     (2)    “Regulations” means regulations made by the Lord Chancellor for the

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purposes of this section.

     (3)    The regulations may—

           (a)           provide for prescribed classes of judgments, orders or adjudged sums

to be exempt from registration;

           (b)           prescribe circumstances in which judgments, orders or adjudged sums

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(or classes of them) are to be exempt from registration;

           (c)           prescribe circumstances in which an entry in the register is to be

cancelled;

           (d)           in the case of sums adjudged to be paid by conviction of a magistrates’

court, provide for sums to be registered only in prescribed

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circumstances or subject to prescribed conditions.

     (4)    The Lord Chancellor may fix charges to be made for—

           (a)           making information in an entry in the register available for inspection;

           (b)           carrying out an official search of the register;

           (c)           supplying a certified copy of information in an entry in the register.

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     (5)    The proceeds of those charges are to be applied in paying the expenses

incurred in maintaining the register; and any surplus is to be paid into the

Consolidated Fund.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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     (6)    If there is in force an agreement between the Lord Chancellor and a body

corporate relating to the keeping by that body corporate of the register the

register is to be kept by that body corporate.

     (7)    If, under subsection (6), the register is kept by a body corporate—

           (a)           the Lord Chancellor may recover from the body corporate any

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expenses incurred by the Lord Chancellor in connection with the

supply of information to that body for the purposes of the register,

           (b)           subsection (4) applies as if it enabled the Lord Chancellor to fix the

maximum charges to be made (instead of the charges to be made), and

           (c)           subsection (5) does not apply.

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     (8)    If subsection (6) ceases to apply to a body corporate as a result of the

termination (for any reason) of the agreement, the Lord Chancellor may

require the information contained in the entries in the register to be transferred

to such person as he may direct.

 91    High Court writs of execution

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     (1)    Schedule 5 contains provisions about High Court writs of execution.

     (2)    Any rule of law requiring a writ of execution issued from the High Court to be

directed to a sheriff is abolished.

Damages

 92    Periodical payments

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     (1)    For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent)

substitute—

       “2            Periodical payments

           (1)           A court awarding damages for future pecuniary loss in respect of

personal injury—

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                  (a)                 may order that the damages are wholly or partly to take the

form of periodical payments, and

                  (b)                 shall consider whether to make that order.

           (2)           A court awarding other damages in respect of personal injury may, if

the parties consent, order that the damages are wholly or partly to take

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the form of periodical payments.

           (3)           A court may not make an order for periodical payments unless satisfied

that the continuity of payment under the order is reasonably secure.

           (4)           For the purpose of subsection (3) the continuity of payment under an

order is reasonably secure if it is protected by—

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                  (a)                 a guarantee given under section 6 of or the Schedule to this Act,

or

                  (b)                 a scheme under section 213 of the Financial Services and

Markets Act 2000 (compensation) (whether or not as modified

by section 4 of this Act).

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           (5)           An order for periodical payments may include provision—

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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                  (a)                 about how the payments are to be made;

                  (b)                 requiring the party responsible for the payments to take

specified action to secure continuity of payment;

                  (c)                 enabling a party to apply for a variation of provision included

under paragraph (a) or (b).

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           (6)           Where a person has a right to receive payments under an order for

periodical payments, or where an arrangement is entered into in

satisfaction of an order which gives a person a right to receive

periodical payments, that person’s right under the order or

arrangement may not be assigned or charged without the approval of

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the court which made the order; and—

                  (a)                 a court shall not approve an assignment or charge unless

satisfied that special circumstances make it necessary, and

                  (b)                 a purported assignment or charge, or agreement to assign or

charge, is void unless approved by the court.

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           (7)           Where an order is made for periodical payments, an alteration of the

method by which the payments are made shall be treated as a breach of

the order (whether or not the method was specified under subsection

(5)(a)) unless—

                  (a)                 the court which made the order declares its satisfaction that the

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continuity of payment under the new method is reasonably

secure,

                  (b)                 the new method is protected by a guarantee given under section

6 of or the Schedule to this Act, or

                  (c)                 the new method is protected by a scheme under section 213 of

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the Financial Services and Markets Act 2000 (compensation)

(whether or not as modified by section 4 of this Act).

       2A            Periodical payments: supplementary

           (1)           Civil Procedure Rules may require a court to take specified matters into

account in considering—

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                  (a)                 whether to order periodical payments;

                  (b)                 the security of the continuity of payment;

                  (c)                 whether to approve an assignment or charge.

           (2)           Section 2(6) is without prejudice to—

                  (a)                 the power of a court to make an income payments order under

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section 310 of the Insolvency Act 1986 (or equivalent legislation

for Northern Ireland), or

                  (b)                 a person’s power to enter into an income payments agreement

under section 310A of that Act (or equivalent legislation for

Northern Ireland).

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           (3)           In section 2 “damages” includes an interim payment which a court

orders a defendant to make to a claimant.

           (4)           In the application of this section to Northern Ireland—

                  (a)                 a reference to Civil Procedure Rules shall be taken as a reference

to rules of court, and

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                  (b)                 a reference to a claimant shall be taken as a reference to a

plaintiff.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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           (5)           Section 2 is without prejudice to any power exercisable apart from that

section.

       2B            Variation of orders and settlements

           (1)           The Lord Chancellor may by order enable a court which has made an

order for periodical payments to vary the order in specified

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circumstances (otherwise than in accordance with section 2(5)(c)).

           (2)           The Lord Chancellor may by order enable a court in specified

circumstances to vary the terms on which a claim or action for damages

for personal injury is settled by agreement between the parties if the

agreement—

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                  (a)                 provides for periodical payments, and

                  (b)                 expressly permits a party to apply to a court for variation in

those circumstances.

           (3)           An order under this section may make provision—

                  (a)                 which operates wholly or partly by reference to a condition or

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other term of the court’s order or of the agreement;

                  (b)                 which has effect irrespective of the conditions or other terms of

the court’s order or of the agreement;

                  (c)                 about the nature of an order which may be made by a court on

a variation;

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                  (d)                 about the matters to be taken into account on considering

variation;

                  (e)                 of a kind that could be made by Civil Procedure Rules or, in

relation to Northern Ireland, rules of court (and which may be

expressed to be with or without prejudice to the power to make

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those rules).

           (4)           An order under this section may apply (with or without modification)

or amend an enactment about provisional or further damages.

           (5)           An order under this section shall be subject to any order under section

1 of the Courts and Legal Services Act 1990 (allocation between High

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Court and county courts)).

           (6)           An order under this section—

                  (a)                 shall be made by statutory instrument,

                  (b)                 may not be made unless the Lord Chancellor has consulted such

persons as he thinks appropriate,

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                  (c)                 may not be made unless a draft has been laid before and

approved by resolution of each House of Parliament, and

                  (d)                 may include transitional, consequential or incidental provision.

           (7)           In subsection (4)—

                                  “provisional damages” means damages awarded by virtue of

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subsection (2)(a) of section 32A of the Supreme Court Act 1981

or section 51 of the County Courts Act 1984 (or, in relation to

Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the

Administration of Justice Act 1982), and

                                  “further damages” means damages awarded by virtue of

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subsection (2)(b) of either of those sections (or, in relation to

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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                                  Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the

Administration of Justice Act 1982).”

     (2)    In section 329AA of the Income and Corporation Taxes Act 1988 (c. 1)

(periodical payments)—

           (a)           for subsection (1) substitute—

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                  “(1)                    Periodical payments shall not for the purposes of income tax be

regarded as the income of any of the persons mentioned in

subsection (2) below (and shall be paid without deduction

under section 348(1)(b) or 349(1)).

                  (1A)                    In subsection (1) “periodical payments” means periodical

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payments made pursuant to—

                        (a)                        an order of a court made in reliance on section 2 of the

Damages Act 1996 (including an order as varied),

                        (b)                        an agreement settling a claim or action for damages in

respect of personal injury (including an agreement as

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varied), or

                        (c)                        an undertaking given by the Motor Insurers’ Bureau

(being the company of that name incorporated on 14th

June 1946 under the Companies Act 1929), or a Domestic

Regulations Insurer within the meaning of the Bureau’s

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Domestic Regulations, in relation to a claim or action for

damages in respect of personal injury.”,

           (b)           in subsection (3) for “if the agreement or order mentioned in that

subsection or a subsequent agreement so provides,” substitute “if the

order, agreement or undertaking mentioned in subsection (1A), or a

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varying order, agreement or undertaking, so provides or permits,” and

           (c)           for subsection (7) substitute—

                  “(7)                    For the purposes of subsection (1A) above—

                        (a)                        the reference to an order of a court made in reliance on

section 2 of the Damages Act 1996 includes an order of a

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court outside the United Kingdom which is similar to an

order made in reliance on that section, and

                        (b)                        the reference to an agreement settling a claim or action

includes a reference to an agreement to make payments

on account of damages that may be awarded in a claim

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or action.”

     (3)    In section 329AB(1) of that Act (statutory compensation) for “subsection (1)”

substitute “subsection (1A)”.

     (4)    In this section—

           (a)           subsection (1) shall extend only to England and Wales and Northern

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Ireland, and

           (b)           the remainder shall extend to the whole of the United Kingdom.

 93    Periodical payments: security

     (1)    For sections 4 and 5 of the Damages Act 1996 (c. 48) (enhanced protection for

structured settlement annuitant) substitute—

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