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Courts Bill [HL]


Courts Bill [HL]
Part 8 — Miscellaneous

    42

 

     (9)    Subsection (10) applies in relation to an authority which has power to prescribe

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

     (10)   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

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

     (11)   The Lord Chancellor may not under this section seek to recover judicial

salaries.

 88    Award of costs against third parties

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

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       “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

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

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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—

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

a contempt of court) by the third party, and

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                  (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—

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

costs order may not be made;

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                  (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

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

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

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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

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

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

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           (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.”

 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

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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

circumstances in response to a request which is an

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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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

(c. 6).

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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;

           (b)           judgments entered in county courts;

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           (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

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

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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

purposes of this section.

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     (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

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

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           (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

circumstances or subject to prescribed conditions.

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     (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.

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

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

Consolidated Fund.

     (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.

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

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

expenses incurred by the Lord Chancellor in connection with the

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

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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           (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.

     (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

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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

     (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

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directed to a sheriff is abolished.

Damages

 92    Periodical payments

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

substitute—

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       “2            Periodical payments

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

personal injury—

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

form of periodical payments, and

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                  (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

the form of periodical payments.

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

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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—

                  (a)                 it is protected by a guarantee given under section 6 of or the

Schedule to this Act,

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                  (b)                 it is protected by 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), or

                  (c)                                     the source of payment is a government or health service body.

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

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                  (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

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under which the continuity of payment is reasonably secure by

virtue of subsection (4);

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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                  (c)                                     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);

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

under paragraph (a), (b) or (c).

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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)(b)) 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,

                  (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), or

                  (d)                 the source of payment under the new method is a government

or health service body.

       2A            Periodical payments: supplementary

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

account in considering—

                  (a)                 whether to order periodical payments;

                  (b)                 the security of the continuity of payment;

                  (c)                 whether to approve an assignment or charge.

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           (2)                         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.

           (3)                         An order under subsection (2)—

                  (a)                 shall be made by statutory instrument, and

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                  (b)                 shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

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

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

section 310 of the Insolvency Act 1986 (or equivalent legislation

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for Northern Ireland),

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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

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

Northern Ireland), or

                  (c)                                     a person’s power to assign a right to the scheme manager

established under section 212 of the Financial Services and

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Markets Act 2000.

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

orders a defendant to make to a claimant.

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

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

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to rules of court, and

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

plaintiff.

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

section.

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       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

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

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

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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—

                  (a)                 provides for periodical payments, and

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

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those circumstances.

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

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

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

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

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a variation;

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

variation;

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

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

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

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

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

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

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persons as he thinks appropriate,

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

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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

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)—

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           (a)           for subsection (1) substitute—

                  “(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)).

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

payments made pursuant to—

                        (a)                        an order of a court in so far as it is made in reliance on

section 2 of the Damages Act 1996 (including an order as

varied), or

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                        (b)                        an agreement in so far as it settles a claim or action for

damages in respect of personal injury (including an

agreement as varied).”,

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

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

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

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

           (c)                         in subsection (6) after “claim or action for” insert “damages in respect

of”,

           (d)           for subsection (7) substitute—

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                  “(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

court outside the United Kingdom which is similar to an

order made in reliance on that section,

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                        (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

or action, and

                        (c)                                                   the reference to an agreement in so far as it settles a

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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

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Courts Bill [HL]
Part 8 — Miscellaneous

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Bureau’s Articles of Association, in relation to a claim or

action in respect of personal injury.”, and

           (e)           omit subsection (8).

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

substitute “subsection (1A)”.

5

     (4)    In this section—

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

Ireland, and

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

 93    Periodical payments: security

10

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

structured settlement annuitant) substitute—

       “4            Enhanced protection for periodical payments

           (1)           Subsection (2) applies where—

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

15

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

Financial Services and Markets Act 2000 (compensation), but

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.

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           (3)           Subsection (4) applies where—

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

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

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not together with other persons and whether before or after the

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

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

30

partly protected by a scheme under section 213 of the Financial

Services and Markets Act 2000 if it arose from an arrangement

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—

35

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

payments from the insurer under an arrangement of the same

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

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payments, and

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

under the scheme in respect of the payments.

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

pursuant to—

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