HL Deb 22 July 1988 vol 499 c1685

314 Schedule 7, page 119, line 5, leave out from beginning to 'where' in line 7 and insert—

'Procedure

4.—(1) The Secretary of State shall make rules of procedure in relation to claims for compensation.

(2) Without prejudice to the generaility of sub-paragraph (1) above rules under this paragraph may in particular—

  1. (a) specify matters which may be dealt with or which must be dealt with—
    1. (i) by members of the Board's staff; or
    2. (ii) by a member or members of the Board;
  2. (b) make provision—
    1. (i) for the determination of a claim without a hearing;
    2. (ii) for the reconsideration without a hearing of a previous determination without a hearing; and
    3. (iii) for the extent to which a previous determination may be altered on such a reconsideration;
  3. (c) make provision as to circumstances in which a claim is to be or may be determined by a decision at a hearing on specified issues and as to the procedure for settling the issues which are to he considered;
  4. (d) make provision about the conduct of hearings and in particular about the calling of witnesses, the admissibility of, and weight to be given to, hearsay and opinion evidence and the order of proceedings;
  5. (e) make provision as to the confidentiality of information disclosed in connection with a claim; and
  6. (f) make such incidental or supplementary provision as appears to the Secretary of State to be appropriate.

(3) Rules under this paragraph may make different provision for different descriptions of cases.

(4) Rules under the paragraph shall he made by statutory instrument.

(5) A statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Applications for reconsideration of claims

5A.—(1)'

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 314. The amendment clarifies and repositions in its more natural place in Schedule 7 the provision enabling the Secretary of State to make rules for the board's procedures for dealing with compensation claims. It now appears alongside the other provisions in the schedule which relate to the determination of claims.

Moved, That the House do agree with the Commons in their Amendment No. 314—(Earl Ferrers.)

On Question, Motion agreed to.