APPEALS

HC Deb 07 November 1995 vol 265 cc738-9

Lords amendment: No. 3, in page 3, line 42, at end insert ("except so far as the provision relates to functions of persons mentioned in subsection (3)(d)(ii)")

Mr. Maclean

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this, it will be convenient to discuss Lords amendments Nos. 4 and 5.

Mr. Maclean

The first two amendments have the simple aim of ensuring that claims officers or staff appointed by the scheme manager can act as presenting officers at appeals in addition to their more normal job of determining claims.

As to the third amendment, clause 5(9) was added to the Bill in Standing Committee to make it clear beyond doubt that the scheme may include provision for adjudicators to reduce awards when they consider that an appeal is frivolous or vexatious. That minor, technical amendment to delete the words "under this section" was necessary as appeals are not determined under the Bill, but are determined in accordance with the provisions of the scheme that is to be made under the powers conferred by clause 1. I commend the amendments to the House.

Mr. Michael

I have one query for the Minister, which he may have clarified in his statement. He has been extremely helpful, for which I am grateful to him, in providing information about the intentions of amendments that he expected to come from the Lords. In a letter to me, he refers to the amendments to clause 5, saying that they would allow claims officers to act as presenting officers at appeals in addition to their main role in determining appeals. That leads to confusion, but it may simply be a misprint—their main role is in determining claims rather than appeals. If that is the case, I am happy to support the Minister in seeking to pass the amendment.

Mr. Maclean

It certainly sounds like a misprint. Claims officers determine claims, not appeals and they may then present the information to the appeals panel, which will determine the appeal.

Lords amendment agreed to.

Lords amendments Nos. 4 and 5 agreed to.