HC Deb 28 June 1988 vol 136 cc281-3

Amendments made: No. 111, in page 77, line 13, leave out subsections (2) to (5) and insert— '(1A) The heads of compensation are those specified in subsections (1B) to (1E) below. (1B) An award may be made under subsection (1)(a) above—

  1. (a) for the injury; and
  2. (b) for any loss of or damage to property of the claimant which occurred in the course of his sustaining the injury,
but compensation shall only he payable under paragraph (b) above if he relied on the property as a physical aid and for damage only if the damage impaired the utility of the property as a physical aid and shall only be for the cost of replacing it with other property of equal utility as a physical aid or carrying our repairs to restore its utility as a physical aid. (1C) If a person dies as a result of a qualifying injury—
  1. (a) an award of compensation for funeral expenses may be made to any person other than a public authority but shall not exceed a reasonable amount;
  2. (b) where a claim falls to be determined in accordance with the rules of the law of England and Wales, an award of compensation for bereavement may he made to any person falling within section 1A(2) of the Fatal Accidents Act 1976;
  3. (c) where a claim falls to be determined in accordance with the rules of the law of Scotland, an award of compensation for loss of society may be made to any person who is a member of the deceased's immediate family within the meaning of section 10(2) of the Damages (Scotland) Act 1976; and
  4. (d) an award may be made to a dependant of the deceased (whether or not an award is made to him or to any other person under paragraph (a), (b) or (c) above) in respect of any loss of support suffered by the dependant.
 (1D) Subject to subsection (1G) below, if a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may award compensation to a dependant of his in respect of any loss which he has suffered by reason—
  1. (a) of any reduction in earnings (not being prospective earnings) by the deceased; and
  2. (b) of any expenses and liabilities incurred by the deceased as a result of the injury.
(1E) If—
  1. (a) a woman is awarded compensation for rape; and
  2. (b) she has given birth to a child conceived as a result of the rape; and
  3. (c) at the time of the award she intends to keep the child,
the Board shall award her the additional statutory sum in respect of each child so conceived that she then intends to keep. (1F) The Board may make an interim award, but without prejudice to their powers on a final determination. (1G) If a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may not award compensation to a dependant of his if before he died he became entitled, otherwise than on an interim award, to a payment of compensation in respect of it. (1H) If—
  1. (a) a deceased person was entitled to payment of conpensation for an injury; and
  2. (b) a claim for compensation for the same injury is made by one of his dependants,
any compensation awarded to the dependant shall be reduced by the amount of the compensation to payment of which the deceased was entitled; and proportionate reductions shall be made on awards to two or more dependants.'.

No. 112, in page 77, line 38 leave out from 'Act' to end of line 42 and insert— '"the additional statutory sum" means £5,000 or such other sum as may for the time being be specified by virtue of an order under subsection (8) below; and dependant"—

  1. (a) where the appropriate law for the determination of a claim is the law of England and Wales, has the same meaning as in the Fatal Accidents Act 1976; and
    2. 283
  2. (b) where it is the law of Scotland, means a relative within the meaning of the Damages (Scotland) Act 1976.
(8) The Secretary of State may by order made by statutory instrument substitute a different sum for the sum specified in subsection (7) above. (9) A statutory instrument containing an order under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.'— [Mr. John Patten.]

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