Courts Bill [HL] — 19 May 2003 at 18:11
Clause 99 [Periodical payments: security]:
moved Amendment No. 26:
Page 53, line 38, leave out subsection (4) and insert-
"(4) Where an individual who has a right to receive periodical payments becomes bankrupt-
(a) the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to section 329AA of the Income and Corporation Taxes Act 1988 (c. 1)),
(b) neither the right to receive periodical payments, nor any property or arrangement designed to protect continuity of the periodical payments, shall form part of the bankrupt's estate for the purposes of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
(c) an income payments order may not be made in respect of any part of the periodical payments identified (in the order or agreement under which the payments are made) as relating wholly to expenditure likely to be incurred by or for the individual as a result of the personal injury concerned,
(d) nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a court from making an income payments order (subject to paragraph (c)), and
(e) nothing in section 2 of that Act shall prevent entry into an income payments agreement.
(5) In subsection (4)-
"bankrupt" has the meaning given by section 381 of the Insolvency Act 1986 (c. 45) or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),
"income payments agreement" means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland,
"income payments order" means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and
"periodical payments" means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by-
(a) an order of a court made in reliance on section 2 of the Damages Act 1996 (c. 48) (including an order as varied), or
(b) an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
(6) In this section-
(a) subsections (1) to (3) shall extend to the whole of the United Kingdom, and
(b) subsections (4) and (5) shall extend only to England and Wales and Northern Ireland."
On Question, amendment agreed to.
Schedule 1 [Constitution and procedure of courts boards]:
[Amendment No. 27 not moved.]
Schedule 3 [Collection of fines by fines officers]:
moved Amendment No. 28:
Page 68, line 32, after "date" insert "of the delivery to him"
On Question, Whether the said amendment (No. 28) shall be agreed to?
Their Lordships divided: Contents, 34; Not-Contents, 127.
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