50: Schedule 1, page 136, line 12, leave out ““a removal direction”” and insert ““removal directions””
51: Schedule 1, page 136, line 13, leave out ““direction was”” and insert ““directions were””
52: Schedule 1, page 136, line 15, after ““decision”” insert ““(or, if there was more than one, the latest decision)””
53: Schedule 1, page 136, line 16, leave out ““such a direction”” and insert ““removal directions””
54: Schedule 1, page 136, line 27, at end insert—
““(7A) Sub-paragraphs (5) and (6) do not exclude services provided in relation to judicial review of removal directions in respect of an individual where prescribed conditions relating to either or both of the following are met—
(a) the period between the individual being given notice of the removal directions and the proposed time for his or her removal;
(b) the reasons for proposing that period.””
55: Schedule 1, page 136, line 39, at end insert—
““““an issue relating to immigration”” includes an issue relating to rights described in paragraph 26 of this Part of this Schedule;””
56: Schedule 1, page 136, line 46, after ““Schedule”” insert ““, or responsible for determining proceedings prescribed under paragraph 23 of that Part,””
57: Schedule 1, page 136, line 49, leave out ““““removal direction”” means a direction”” and insert ““““removal directions”” means directions””
58: Schedule 1, page 137, line 22, after ““to”” insert ““—
(a) ””
59: Schedule 1, page 137, line 23, after ““1,”” insert ““2,””
60: Schedule 1, page 137, line 23, at end insert ““, and
(b) ””
61: Schedule 1, page 137, line 24, leave out from beginning to ““the”” in line 28
62: Schedule 1, page 137, line 28, at end insert—
““Specific exclusion
( ) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.””
63: Schedule 1, page 138, line 6, after ““to”” insert ““—
(a) ””
64: Schedule 1, page 138, line 7, after ““1,”” insert ““2,””
65: Schedule 1, page 138, line 7, at end insert ““, and
(b) ””
66: Schedule 1, page 138, line 8, leave out from beginning to ““the”” in line 12
67: Schedule 1, page 138, line 12, at end insert—
““Specific exclusion
( ) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.””
68: Schedule 1, page 138, line 20, at end insert—
““Clinical negligence and severely disabled infants
20A (1) Civil legal services provided in relation to a claim for damages in respect of clinical negligence which caused a neurological injury to an individual (““V””) as a result of which V is severely disabled, but only where the first and second conditions are met.
(2) The first condition is that the clinical negligence occurred—
(a) while V was in his or her mother's womb, or
(b) during or after V's birth but before the end of the following period—
(i) if V was born before the beginning of the 37th week of pregnancy, the period of 8 weeks beginning with the first day of what would have been that week;
(ii) if V was born during or after the 37th week of pregnancy, the period of 8 weeks beginning with the day of V's birth.
(3) The second condition is that—
(a) the services are provided to V, or
(b) V has died and the services are provided to V's personal representative.
General exclusions
(4) Sub-paragraph (1) is subject to—
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3 and 8, and
(b) the exclusion in Part 3 of this Schedule.
Definitions
(5) In this paragraph—
““birth”” means the moment when an individual first has a life separate from his or her mother and references to an individual being born are to be interpreted accordingly;
““clinical negligence”” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
““disabled”” means physically or mentally disabled;
““personal representative””, in relation to an individual who has died, means—
(a) a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
(b) a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate.””
Amendments 50 to 68 agreed.
Amendment 69
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Wallace of Tankerness
(Liberal Democrat)
in the House of Lords on Wednesday, 7 March 2012.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
735 c1885-7 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 16:24:29 +0000
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