Civil Liability Bill [HL] — Report — 12 Jun 2018 at 17:45
Moved by Baroness Vere of Norbiton
1: Clause 1, page 1, line 5, leave out from “an” to end of line 7 and insert “injury of soft tissue in the neck, back or shoulder that is of a description falling within subsection (1A), but not including an injury excepted by subsection (1B).(1A) An injury falls within this subsection if it is-(a) a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or(b) an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.(1B) An injury is excepted by this subsection if-(a) it is an injury of soft tissue which is a part of or connected to another injury, and(b) the other injury is not an injury of soft tissue in the neck, back or shoulder of a description falling within subsection (1A).”
Moved by Baroness Vere of Norbiton
2: Clause 1, page 1, line 8, leave out subsection (2)
Moved by Lord Berkeley
2A: Clause 1, page 1, line 17, leave out second “the person” and insert “that person”
Moved by Baroness Vere of Norbiton
3: Clause 1, page 2, line 10, leave out subsection (5)
Moved by Baroness Vere of Norbiton
4: After Clause 1, insert the following new Clause-“Power to amend section 1(1) The Lord Chancellor may by regulations amend the definition of “whiplash injury” in section 1, but not so as to include an injury of soft tissue other than soft tissue in the neck, back or shoulder.(2) Before making regulations under subsection (1), the Lord Chancellor must-(a) review the definition of “whiplash injury” in section 1,(b) as part of the review, consider whether to amend section 1,(c) prepare and publish a report of the review, including a decision whether or not to amend section 1 and the reasons for the decision, and(d) lay a copy of the report before Parliament.(3) After laying the copy of the report before Parliament and before making regulations under subsection (1), the Lord Chancellor must consult-(a) the Lord Chief Justice;(b) the General Council of the Bar; (c) the Law Society;(d) the Chief Medical Officer of the Department of Health and Social Care;(e) the member of staff of the Welsh Government designated by the Welsh Ministers as the Chief Medical Officer for Wales;(f) such other persons or bodies as the Lord Chancellor considers appropriate.(4) The Lord Chancellor may not carry out the first review under subsection (2) before the end of the period of three years beginning with the day on which section 1 comes into force.(5) After the first review, the Lord Chancellor may not carry out a review under subsection (2) before the end of the period of three years beginning with-(a) if regulations under subsection (1) were made following the previous review, the day on which those regulations came into force, or(b) if no regulations under subsection (1) were made following the previous review, the day on which a copy of the report of the previous review was laid before Parliament.(6) A statutory instrument containing regulations under this section is subject to affirmative resolution procedure.”
Moved by Baroness Vere of Norbiton
5: Clause 2, page 2, line 29, after “injury” insert “or any of the whiplash injuries suffered on that occasion”
Moved by Lord Woolf
6: Clause 2, page 2, line 30, leave out “two years” and insert “twelve months”
Moved by Lord Keen of Elie
11: Clause 2, page 2, line 35, after “injury” insert “or injuries, taken together,”
Moved by Lord Keen of Elie
13: Clause 2, page 2, line 38, after “injury” insert “or injuries”
14: Clause 2, page 2, line 44, after “injury” insert “or injuries”
15: Clause 2, page 3, line 2, after “injury” insert “or injuries”
16: Clause 2, page 3, line 8, after “injury” insert “or injuries”
Moved by Lord Woolf
18: Clause 2, leave out Clause 2
Ayes 205, Noes 218.
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