§ 163 Clause 106, page 78, line 9, 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—
- (a) for the injury; and
- (b) for any loss of or damage to property of the claimant which occurred in the course of his sustaining the injury,
§ (1C) if a person dies as a result of a qualifying injury—
- (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;
- (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 be made to any person falling within section 1A(2) of the Fatal Accidents Act 1976;
- (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
- (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—
- (a) of any reduction in earnings (not being prospective earnings) by the deceased; and
- (b) of any expenses and liabilities incurred by the deceased as a result of the injury.
§ (1E) If—
- (a) a woman is awarded compensation for rape; and
- (b) she has given birth to a child conceived as a result of the rape; and
- (c) at the time of the award she intends to keep the child,
§ (1F) The Board may make an interim award, but without prejudice to their power 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 1624 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—
- (a) a deceased person was entitled to payment of compensation for an injury; and
- (b) a claim for compensation for the same injury is made by one of his dependants,
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 163. I should like also to speak to Amendments Nos. 166, 321, 321A and 322A.
These amendments also re-order the material in Clause 106 and Schedule 7. The main effect of this is to create in readily accessible form in Clause 106 a single list of the circumstances in which compensation is to be paid for criminal injuries. I can assure your Lordships that the purpose is purely clarification and, with one minor exception, these amendments make no change of substance.
The exception is in Amendment No. 163. It results from a suggestion made in another place that the provision which allows the board to pay a special additional award to a rape victim who conceives as a result of the offence and who decides to keep the child should be amended to take account of the possibility of multiple births. That is a remote contingency but one which we agree should be provided for. This is done in Amendment No. 163. I beg to move.
§ Moved, That the House do agree with the Commons in their Amendment No. 163.—(Earl Ferrers.)
§ On Question, Motion agreed to.
§ COMMONS AMENDMENTS
§ 164 Clause 106, page 78. line 27, leave out 'make a claim for' and insert 'be awarded'.
§ 165 Page 78, line 29, after 'his' insert 'medical'.
166 Page 78, line 34, leave out from 'Act' to end of line 38 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
§ (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.'
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 164 to 166 en bloc. They were spoken to with Amendment No. 151. I beg to move.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 164 to 166.—(Earl Ferrers.)
§ On Question, Motion agreed to.