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Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fifth Marshalled List]


 

Clause 92

 

THE LORD CHANCELLOR

Page 44, line 35, leave out "it is protected by"
Page 44, line 36, at beginning insert "it is protected by"
Page 44, leave out line 37
Page 44, line 38, at beginning insert "it is protected by"
Page 44, line 40, at end insert ", or
(c)  the source of payment is a government or health service body."
Page 45, line 1, leave out paragraphs (a) and (b) and insert—
"(a)  requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure by virtue of subsection (4);
(b)  about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure by virtue of subsection (4);
(ba)  requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure by virtue of subsection (4);"
Page 45, line 5, leave out "or (b)." and insert ", (b) or (ba)."
Page 45, line 24, leave out second "or"
Page 45, line 27, at end insert ", or
(d)  the source of payment under the new method is a government or health service body."
Page 45, line 33, at end insert—
"(1A)  For the purposes of section 2(4)(c) and (7)(d) "government or health service body" means a body designated as a government body or a health service body by order made by the Lord Chancellor.
(1B)  An order under subsection (1A)—
(a)  shall be made by statutory instrument, and
(b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament."
Page 45, line 37, leave out "or"
Page 45, line 40, at end insert ", or
(   )  a person's power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000."
Page 47, line 12, after "court" insert "in so far as it is"
Page 47, line 13, at end insert ", or"
Page 47, line 14, leave out "settling" and insert "in so far as it settles"
Page 47, line 16, leave out from "varied)," to end of line 22
Page 47, line 26, leave out "and" and insert—
"(ba)  in subsection (6) after "claim or action for" insert "damages in respect of","
Page 47, line 32, leave out "and"
Page 47, line 36, at end insert—
  ", and
(c)  the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury also includes a reference to 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 an Article 75 insurer under the Bureau's Articles of Association, in relation to a claim or action in respect of personal injury.""
Page 47, line 36, at end insert—
      ", and
(d)  omit subsection (8)."
Page 48, line 34, after "court" insert "in so far as it is"
Page 48, line 35, at end insert ", or"
Page 48, line 36, leave out "settling" and insert "in so far as it settles"
Page 48, line 37, leave out from "varied)," to end of line 42 and insert—
"(6)  In subsection (5)(b) the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury includes a reference to 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 an Article 75 insurer under the Bureau's Articles of Association, in relation to a claim or action in respect of personal injury.""
 

After Clause 95

 

THE LORD CHANCELLOR

Insert the following new Clause—
  "Alteration of place fixed for Crown Court trial: Northern Ireland
  An application under section 48(3) of the 1978 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court; and accordingly section 48(4) of the 1978 Act ceases to have effect."
 

Schedule 7

 

THE LORD CHANCELLOR

Page 109, line 18, column 2, at beginning insert—
  "In section 70(2)(a), the words ", or in the case of the Official Solicitor a solicitor,"."
Page 109, line 18, column 2, at beginning insert—
  "Section 48(4)."
Page 110, line 40, at end insert—
  "Income and Corporation Taxes Act 1988 (c. 1)Section 329AA(8)."
Page 111, line 43, at end insert—
  "Judicial Pensions and Retirement Act 1993 (c. 8)In Part II of Schedule 1, in the entry for Schedule 3 to the Judicature (Northern Ireland) Act 1978, the words from ", other than" to the end.
  In Schedule 5, in the entry for the Judicature (Northern Ireland) Act 1978 the words "or 75(1)"."
Page 113, line 8, at end insert—
  "Justice (Northern Ireland) Act 2002 (c. 26)In section 18(9), the words "and in the entry relating to the Official Solicitor"."
 

Clause 100

 

THE LORD CHANCELLOR

Page 53, line 10, leave out "or 95" and insert ", 95 or (Alteration of place fixed for Crown Court trial: Northern Ireland)"

 
 
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©Parliamentary copyright 2003
14 February 2003