Civil Liability Bill [HL] — Report — 12 Jun 2018 at 18:45
Moved by Lord Keen of Elie
19: After Clause 2, insert the following new Clause-“Review of regulations under section 2(1) The Lord Chancellor must carry out reviews of regulations made under section 2.(2) The first review must be completed before the end of the period of three years beginning with the day on which the first regulations under section 2 come into force.(3) Subsequent reviews must be completed before the end of the period of three years beginning with the day on which the previous review was completed.(4) The Lord Chancellor must prepare and publish a report of each review.(5) The Lord Chancellor must lay a copy of each report before Parliament.”
Moved by Lord Keen of Elie
21: Clause 3, page 3, line 31, leave out “a whiplash injury” and insert “one or more whiplash injuries”
22: Clause 3, page 3, line 32, after “injury” insert “or those injuries”
23: Clause 3, page 3, line 34, leave out “a whiplash injury” and insert “one or more whiplash injuries”
24: Clause 3, page 4, line 2, after “injury” insert “or injuries”
25: Clause 3, page 4, line 3, leave out paragraph (b) and insert-“(b) it is the case that-(i) the whiplash injury is, or one or more of the whiplash injuries are, exceptionally severe, or(ii) where the person’s circumstances increase the pain, suffering or loss of amenity caused by the injury or injuries, those circumstances are exceptional.”
Moved by Lord Keen of Elie
28: Clause 3, page 4, line 15, leave out “a whiplash injury” and insert “one or more whiplash injuries”
29: Clause 3, page 4, line 17, leave out “a whiplash injury” and insert “one or more whiplash injuries”
Moved by Lord Sharkey
32: Clause 4, page 4, leave out line 27 and insert-“(i) of the whiplash injury, and(ii) that the claim does not arise from cold-calling,and”
Moved by Lord Keen of Elie
33: Clause 4, page 4, line 27, after “injury” insert “or injuries”
Moved by Lord Keen of Elie
40: Clause 4, page 5, line 6, leave out “a whiplash injury” and insert “one or more whiplash injuries”
41: Clause 4, page 5, line 6, after “person” insert “on a particular occasion”
42: Clause 4, page 5, line 8, after “injury” insert “or injuries”
43: Clause 4, page 5, line 8, after “(a)” insert “suffered by a person on a particular occasion”
44: Clause 4, page 5, line 10, after “injury” insert “or injuries”
Moved by Lord Sharkey
46: Clause 6, page 6, line 2, at end insert-“(4A) The Treasury must, within one month of the passing of this Act, make further regulations specifying that the Financial Conduct Authority is to require all insurers holding a licence to offer UK motor insurance to publish a report-(a) on the loss cost savings achieved as a result of the provisions of Part 1 of this Act, and(b) how, and the extent to which, such savings have been applied to reduce motor insurance premiums.(4B) The first such report from insurers must cover the period of 12 months beginning with the first day of the month immediately after the commencement of Part 1 of this Act and must be sent to the Financial Conduct Authority by the end of the period of 15 months beginning with the commencement of Part 1 of this Act.(4C) The regulations must grant the Financial Conduct Authority the power to require further reports on an annual basis. (4D) The Financial Conduct Authority, within the period of 18 months after the commencement of Part 1 of this Act, must make and publish a reasoned assessment of whether it is satisfied that each such insurer is passing on to customers any cost benefits arising from Part 1 of this Act.(4E) The regulations under subsection (4A) must make provision for the Treasury to grant powers to the Financial Conduct Authority to enforce a requirement for insurers to pass on loss cost savings, achieved as a result of the provisions of Part 1, from insurers to consumers through a reduction in the cost of premiums if, after the period of 30 months following the commencement of this section, the Financial Conduct Authority advises the Treasury that such powers are necessary.”
Moved by Baroness Hayter of Kentish Town
47: After Clause 7, insert the following new Clause-“Restriction on increase in small claims limit for relevant personal injuries(1) In this section, the “PI small claims limit” refers to the maximum value (currently £1,000) of a claim for damages for personal injuries for which, in accordance with Civil Procedure Rules, the small claims track is the normal track.(2) Civil Procedure Rules may not increase the PI small claims limit in respect of relevant injury claims to an amount above £1,000 for the first time unless-(a) the Lord Chancellor is satisfied, and has certified in writing, that on the day the rules are to come into force, the value of £1,000 on 1 April 1999 adjusted for inflation, computed by reference to CPI, would be at least £1,500, and(b) the rules increase the PI small claims limit to no more than £1,500.(3) Civil Procedure Rules may not increase the PI small claims limit in respect of relevant injury claims on any subsequent occasion unless-(a) the Lord Chancellor is satisfied, and has certified in writing, that on the day the rules are to come into force, the value of £1,000 on 1 April 1999 adjusted for inflation, computed by reference to CPI, would be at least £500 greater than on the day on which the rules effecting the previous increase were made, and(b) the rules increase the PI small claims limit by no more than £500.(4) In this section-“CPI” means the all items consumer prices index published by the Statistics Board;“relevant injury” means an injury which is an injury of soft tissue in the neck, back, or shoulder and which is caused as described in paragraphs (b) and (c) of section 1(3) (negligence while using a motor vehicle on a road, etc.);“relevant injury claim” means a claim for personal injury that consists only of, or so much of a claim for personal injury as consists of, a claim for damages for pain, suffering and loss of amenity caused by a relevant injury, and which is not a claim for an injury in respect of which a tariff amount is for the time being prescribed under section 2.”
Ayes 169, Noes 183.
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