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Courts Bill [HL]


Courts Bill [HL]
Part 8 — Miscellaneous

    48

 

       “4            Enhanced protection for periodical payments

           (1)           Subsection (2) applies where—

                  (a)                 a person has a right to receive periodical payments, and

                  (b)                 his right is protected by a scheme under section 213 of the

Financial Services and Markets Act 2000 (compensation), but

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only as to part of the payments.

           (2)           The protection provided by the scheme shall extend by virtue of this

section to the whole of the payments.

           (3)           Subsection (4) applies where—

                  (a)                 one person (“the claimant”) has a right to receive periodical

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payments from another person (“the defendant”),

                  (b)                 a third person (“the insurer”) is required by or in pursuance of

an arrangement entered into with the defendant (whether or

not together with other persons and whether before or after the

creation of the claimant’s right) to make payments in

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satisfaction of the claimant’s right or for the purpose of enabling

it to be satisfied, and

                  (c)                 the claimant’s right to receive the payments would be wholly or

partly protected by a scheme under section 213 of the Financial

Services and Markets Act 2000 if it arose from an arrangement

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of the same kind as that mentioned in paragraph (b) but made

between the claimant and the insurer.

           (4)           For the purposes of the scheme under section 213 of that Act—

                  (a)                 the claimant shall be treated as having a right to receive the

payments from the insurer under an arrangement of the same

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kind as that mentioned in subsection (3)(b),

                  (b)                 the protection under the scheme in respect of those payments

shall extend by virtue of this section to the whole of the

payments, and

                  (c)                 no person other than the claimant shall be entitled to protection

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under the scheme in respect of the payments.

           (5)           In this section “periodical payments” means periodical payments made

pursuant to—

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

(including an order as varied),

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

of personal injury (including an agreement as 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

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the meaning of the Bureau’s Domestic Regulations, in relation

to a claim or action for damages in respect of personal injury.”

     (2)    In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector

settlement) for the words “on terms corresponding to those of a structured

settlement as defined in section 5 above except that the person to whom the

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payments are to be made is not to receive them as mentioned in subsection

(1)(b) of that section” substitute “on terms whereby the damages are to consist

wholly or partly of periodical payments”.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    49

 

     (3)    In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland

Department for public sector settlement) for the words “on terms

corresponding to those of a structured settlement as defined in section 5 of this

Act except that the person to whom the payments are to be made is not to

receive them as mentioned in subsection (1)(b) of that section” substitute “on

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terms whereby the damages are to consist wholly or partly of periodical

payments”.

     (4)    This section extends to the whole of the United Kingdom.

Provisions relating to Northern Ireland

 94    Power to alter judicial titles: Northern Ireland

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     (1)    The Lord Chancellor may by order—

           (a)           alter the name of any of the offices of the Supreme Court of Judicature

of Northern Ireland or of the county courts in Northern Ireland which

are listed in subsection (2);

           (b)           provide for or alter the way in which the holders of any of those offices

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are to be styled.

     (2)    The offices are—

                    County court judge

                    Deputy judge of the county court

                    District Judge

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                    Judge of the Court of Appeal

                    Lord Chief Justice

                    Master (Bankruptcy)

                    Master (Care and Protection)

                    Master (Chancery)

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                    Master (Enforcement of Judgments)

                    Master (High Court)

                    Master (Probate and Matrimonial)

                    Master (Queen’s Bench and Appeals)

                    Master (Taxing Office)

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                    Presiding judge for the county courts

                    Puisne judge of the High Court

     (3)    The Lord Chancellor may also by order provide for or alter the way in which

deputies or temporary additional officers appointed under section 74(1) of the

1978 Act are to be styled.

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     (4)    Before making an order under this section the Lord Chancellor must consult

the Lord Chief Justice.

     (5)    An order under this section may make such provision as the Lord Chancellor

considers necessary in consequence of any provision made under subsection

(1) or (3).

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     (6)    The provision that may be made under subsection (5) includes provision

amending or repealing any enactment (whenever passed).

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    50

 

     (7)    The power to make an order under this section is exercisable by statutory rule

for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.

1979/1573 (N.I. 12)).

     (8)    An order under this section is subject to annulment in pursuance of a

resolution of either House of Parliament in the same manner as a statutory

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instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies

accordingly.

     (9)    “The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23).

 95    Official Solicitor of Northern Ireland

     (1)    In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official

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Solicitor ceases to have effect.

     (2)    Amend section 75 of the 1978 Act (Official Solicitor) as follows.

     (3)    For subsection (3) substitute—

           “(3)              A person shall be qualified for appointment as Official Solicitor if he is

a solicitor of the Supreme Court of at least 7 years’ standing.”

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     (4)    After subsection (5) insert—

           “(6)              The Official Solicitor shall hold and vacate office in accordance with the

terms of his appointment (which may include provision about

retirement, dismissal or resignation).

           (7)              The Lord Chancellor may pay to the Official Solicitor such

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remuneration and allowances as the Lord Chancellor may determine

with the consent of the Treasury.

           (8)              Service as the Official Solicitor is employment in the civil service of the

State for the purposes of section 1 of the Superannuation Act 1972

(Principal Civil Service Pension Scheme).

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           (9)              While the office of Official Solicitor is vacant or the Official Solicitor is

unable or unwilling to act, the Lord Chancellor may, after consultation

with the Lord Chief Justice, appoint a person as temporary Official

Solicitor; and the temporary Official Solicitor—

                  (a)                 may be appointed only if qualified for appointment as Official

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Solicitor,

                  (b)                 shall have all the powers and duties of the Official Solicitor, and

                  (c)                 may be paid remuneration and allowances by the Lord

Chancellor with the consent of the Treasury.”

     (5)    In section 68 of the 1978 Act (Supreme Court: departments)—

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           (a)           in subsection (2)(b) for “statutory officer” substitute “officer”, and

           (b)           for subsection (4) substitute—

                  “(4)                    The officer supervising a department shall discharge his

functions in accordance with directions given by the Lord

Chancellor.”

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     (6)    In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the

words “Subject to subsection (2),”) cease to have effect.

 

 

Courts Bill [HL]
Part 9 — Final provisions

    51

 

     (7)    In section 76 of the 1978 Act (property) paragraph (c) (which referred to the

Official Solicitor and which ceased to have effect by virtue of the Supreme

Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/

300)) shall again have effect.

     (8)    Nothing in this section has any effect in relation to the person who on the

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commencement of this section holds the office in Northern Ireland of Official

Solicitor to the Supreme Court.

Part 9

Final provisions

 96    Interpretation

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     (1)    In this Act—

                    “the 1933 Act” means the Children and Young Persons Act 1933 (c. 12);

                    “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19);

                    “the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23);

                    “the 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43);

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                    “the 1981 Act” means the Supreme Court Act 1981 (c. 54);

                    “the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41);

                    “the 1997 Act” means the Civil Procedure Act 1997 (c. 12);

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

2000 (c. 6).

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     (2)    In this Act the following have the meaning given by section 71 of the 1990

Act—

                    “5 year magistrates’ courts qualification”;

                    “7 year general qualification”;

                    “Supreme Court qualification”.

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     (3)    In this Act “criminal court” has the meaning given by section 63.

     (4)    In this Act “judge”, except where the context otherwise requires, means a

person holding an office listed in subsection (2) of section 59 (power to alter

judicial titles).

     (5)    In this Act “lay justice” has the meaning given by section 9.

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     (6)    In this Act “Magistrates’ Courts Rule Committee” means the committee

appointed by the Lord Chancellor under section 144 of the 1980 Act.

     (7)    In this Act “Minister of the Crown” has the same meaning as in the Ministers

of the Crown Act 1975 (c. 26).

 97    Rules, regulations and orders

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     (1)    Any power of the Lord Chancellor to make rules, regulations or orders under

this Act is exercisable by statutory instrument.

     (2)    No regulations may be made under section 29(5) (costs in legal proceedings)

unless a draft of the statutory instrument containing them has been laid before,

and approved by a resolution of, each House of Parliament.

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Courts Bill [HL]
Part 9 — Final provisions

    52

 

     (3)    No order may be made under section 31(6) or (8) (power to make permanent

provision about collection of fines by fines officers) unless a draft of the

statutory instrument containing it has been laid before, and approved by a

resolution of, each House of Parliament.

     (4)    A statutory instrument containing—

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           (a)           the first order to be made under section 8 (local justice areas),

           (b)           regulations under section 35 (payments, accounting and banking by

designated officers), or

           (c)           an order under section 87 (fees),

            is to be laid before Parliament after being made.

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     (5)    Any other statutory instrument, apart from one containing an order under

section 99 (commencement), is subject to annulment in pursuance of a

resolution of either House of Parliament.

     (6)    Any power of the Lord Chancellor to make rules, regulations or orders under

this Act includes power to make—

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           (a)           any supplementary, incidental or consequential provision, and

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient.

     (7)    Nothing in this section applies to—

           (a)           rules made under Part 7 (Criminal Procedure and Family Procedure

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Rules), or

           (b)           an order made under section 94 (power to alter judicial titles: Northern

Ireland).

 98    Minor and consequential amendments, repeals, etc.

     (1)    Schedule 6 contains minor and consequential amendments.

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     (2)    Schedule 7 contains repeals.

     (3)    The Lord Chancellor may by order make—

           (a)           any supplementary, incidental or consequential provision, and

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient for the purposes of, in consequence

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of, or for giving full effect to any provision of this Act.

     (4)    An order under subsection (3) may, in particular—

           (a)           provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

other provision has come into force, with such modifications as are

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specified in the order, and

           (b)           amend or repeal—

                  (i)                 any Act passed before, or in the same Session as, this Act, and

                  (ii)                subordinate legislation made before the passing of this Act.

     (5)    The amendments that may be made under subsection (4)(b) are in addition to

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those made by or under any other provision of this Act.

     (6)    In this section “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

 

 

 
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