Compensation Bill [Lords]

With this it will be convenient to discuss the following: New clause 2—Offence of contravening specified conditions— ‘(1) A person commits an offence if he contravenes the specified conditions in section 5 and any Code of Conduct issued in connection with such conditions. (2) A person who is guilty of an offence under subsection (1) shall be liable— (a) on conviction on indictment— (i) to imprisonment for a term not exceeding two years, (ii) to a fine, or (iii) to both; or (b) on summary conviction— (i) to imprisonment of a term not exceeding 51 weeks, (ii) to a fine not exceeding level 5 on the standard scale, or (iii) to both, (3) An offence under this section is ““an offence committed under this Part”” for the purposes of section 7.’. New clause 5— Injunction restraining exempt person— ‘(1) The Regulator may apply to the court for an injunction restraining an exempt person from providing regulated claims management services if he is in contravention of the specified conditions in section 5 or any connected Code of Conduct. (2) In subsection (1) ““the court”” means the High Court or a county court.’. New clause 10— Disapplication of Part 2— ‘The provisions of Part 2 of this Act shall not apply to legal services offered or arranged by Trades Unions for the benefit of their members or members’ families.’. New clause 11— Compensation for coalminers— ‘(1) Where costs have been paid by the Government under the schedules of any prescribed claims handling agreement, any additional monies levied from individual claimants shall be repaid immediately by the receiving agent to the claimant. (2) For the purposes of this section— ““claims handling agreement”” means— (a) the 1999 agreement between the Union of Democratic Mineworkers (UDM) and the Government on chronic obstructive pulmonary disease,(b) the 1999 agreement between Vendside Ltd and the Government on vibration white finger, and(c) the 1999 agreements on vibration white finger and chronic obstructive pulmonary disease between the claimants’ solicitors group and the Government; ““additional monies”” includes membership fees, money in lieu of membership fees, marketing fees or other related charges; ““receiving agent”” means the solicitor or claims handler who received monies from the individual claimant.’. Government amendments Nos. 11 and 12. Amendment No. 15, in clause 14, page 9, line 8, at end insert— ‘(6) The first order made under section 5 may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament. (6A) An order under section 5 which has the effect of removing or restricting an exemption from section 3(1) may not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.’. Amendment No. 16, in page 9, line 9, in clause 14, leave out ‘an’ and insert ‘any other’. Amendment No. 5, in the schedule, page 12, line 13, at end insert— ‘(1A) A code of practice issued under subsection (1) shall include details of the advertising standards for providers of claims management services.’.