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“4 Enhanced protection for periodical payments | |
(1) Subsection (2) applies where— | |
(a) a person has a right to receive periodical payments, and | |
(b) his right is protected by a scheme under section 213 of the | |
Financial Services and Markets Act 2000 (compensation), but | 5 |
only as to part of the payments. | |
(2) The protection provided by the scheme shall extend by virtue of this | |
section to the whole of the payments. | |
(3) Subsection (4) applies where— | |
(a) one person (“the claimant”) has a right to receive periodical | 10 |
payments from another person (“the defendant”), | |
(b) a third person (“the insurer”) is required by or in pursuance of | |
an arrangement entered into with the defendant (whether or | |
not together with other persons and whether before or after the | |
creation of the claimant’s right) to make payments in | 15 |
satisfaction of the claimant’s right or for the purpose of enabling | |
it to be satisfied, and | |
(c) the claimant’s right to receive the payments would be wholly or | |
partly protected by a scheme under section 213 of the Financial | |
Services and Markets Act 2000 if it arose from an arrangement | 20 |
of the same kind as that mentioned in paragraph (b) but made | |
between the claimant and the insurer. | |
(4) For the purposes of the scheme under section 213 of that Act— | |
(a) the claimant shall be treated as having a right to receive the | |
payments from the insurer under an arrangement of the same | 25 |
kind as that mentioned in subsection (3)(b), | |
(b) the protection under the scheme in respect of those payments | |
shall extend by virtue of this section to the whole of the | |
payments, and | |
(c) no person other than the claimant shall be entitled to protection | 30 |
under the scheme in respect of the payments. | |
(5) In this section “periodical payments” means periodical payments made | |
pursuant to— | |
(a) an order of a court made in reliance on section 2 above | |
(including an order as varied), | 35 |
(b) an agreement settling a claim or action for damages in respect | |
of personal injury (including an agreement as varied), or | |
(c) an undertaking given by the Motor Insurers’ Bureau (being the | |
company of that name incorporated on 14th June 1946 under the | |
Companies Act 1929), or a Domestic Regulations Insurer within | 40 |
the meaning of the Bureau’s Domestic Regulations, in relation | |
to a claim or action for damages in respect of personal injury.” | |
(2) In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector | |
settlement) for the words “on terms corresponding to those of a structured | |
settlement as defined in section 5 above except that the person to whom the | 45 |
payments are to be made is not to receive them as mentioned in subsection | |
(1)(b) of that section” substitute “on terms whereby the damages are to consist | |
wholly or partly of periodical payments”. | |
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(3) In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland | |
Department for public sector settlement) for the words “on terms | |
corresponding to those of a structured settlement as defined in section 5 of this | |
Act except that the person to whom the payments are to be made is not to | |
receive them as mentioned in subsection (1)(b) of that section” substitute “on | 5 |
terms whereby the damages are to consist wholly or partly of periodical | |
payments”. | |
(4) This section extends to the whole of the United Kingdom. | |
Provisions relating to Northern Ireland | |
94 Power to alter judicial titles: Northern Ireland | 10 |
(1) The Lord Chancellor may by order— | |
(a) alter the name of any of the offices of the Supreme Court of Judicature | |
of Northern Ireland or of the county courts in Northern Ireland which | |
are listed in subsection (2); | |
(b) provide for or alter the way in which the holders of any of those offices | 15 |
are to be styled. | |
(2) The offices are— | |
County court judge | |
Deputy judge of the county court | |
District Judge | 20 |
Judge of the Court of Appeal | |
Lord Chief Justice | |
Master (Bankruptcy) | |
Master (Care and Protection) | |
Master (Chancery) | 25 |
Master (Enforcement of Judgments) | |
Master (High Court) | |
Master (Probate and Matrimonial) | |
Master (Queen’s Bench and Appeals) | |
Master (Taxing Office) | 30 |
Presiding judge for the county courts | |
Puisne judge of the High Court | |
(3) The Lord Chancellor may also by order provide for or alter the way in which | |
deputies or temporary additional officers appointed under section 74(1) of the | |
1978 Act are to be styled. | 35 |
(4) Before making an order under this section the Lord Chancellor must consult | |
the Lord Chief Justice. | |
(5) An order under this section may make such provision as the Lord Chancellor | |
considers necessary in consequence of any provision made under subsection | |
(1) or (3). | 40 |
(6) The provision that may be made under subsection (5) includes provision | |
amending or repealing any enactment (whenever passed). | |
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(7) The power to make an order under this section is exercisable by statutory rule | |
for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. | |
1979/1573 (N.I. 12)). | |
(8) An order under this section is subject to annulment in pursuance of a | |
resolution of either House of Parliament in the same manner as a statutory | 5 |
instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies | |
accordingly. | |
(9) “The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23). | |
95 Official Solicitor of Northern Ireland | |
(1) In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official | 10 |
Solicitor ceases to have effect. | |
(2) Amend section 75 of the 1978 Act (Official Solicitor) as follows. | |
(3) For subsection (3) substitute— | |
“(3) A person shall be qualified for appointment as Official Solicitor if he is | |
a solicitor of the Supreme Court of at least 7 years’ standing.” | 15 |
(4) After subsection (5) insert— | |
“(6) The Official Solicitor shall hold and vacate office in accordance with the | |
terms of his appointment (which may include provision about | |
retirement, dismissal or resignation). | |
(7) The Lord Chancellor may pay to the Official Solicitor such | 20 |
remuneration and allowances as the Lord Chancellor may determine | |
with the consent of the Treasury. | |
(8) Service as the Official Solicitor is employment in the civil service of the | |
State for the purposes of section 1 of the Superannuation Act 1972 | |
(Principal Civil Service Pension Scheme). | 25 |
(9) While the office of Official Solicitor is vacant or the Official Solicitor is | |
unable or unwilling to act, the Lord Chancellor may, after consultation | |
with the Lord Chief Justice, appoint a person as temporary Official | |
Solicitor; and the temporary Official Solicitor— | |
(a) may be appointed only if qualified for appointment as Official | 30 |
Solicitor, | |
(b) shall have all the powers and duties of the Official Solicitor, and | |
(c) may be paid remuneration and allowances by the Lord | |
Chancellor with the consent of the Treasury.” | |
(5) In section 68 of the 1978 Act (Supreme Court: departments)— | 35 |
(a) in subsection (2)(b) for “statutory officer” substitute “officer”, and | |
(b) for subsection (4) substitute— | |
“(4) The officer supervising a department shall discharge his | |
functions in accordance with directions given by the Lord | |
Chancellor.” | 40 |
(6) In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the | |
words “Subject to subsection (2),”) cease to have effect. | |
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(7) In section 76 of the 1978 Act (property) paragraph (c) (which referred to the | |
Official Solicitor and which ceased to have effect by virtue of the Supreme | |
Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ | |
300)) shall again have effect. | |
(8) Nothing in this section has any effect in relation to the person who on the | 5 |
commencement of this section holds the office in Northern Ireland of Official | |
Solicitor to the Supreme Court. | |
Part 9 | |
Final provisions | |
96 Interpretation | 10 |
(1) In this Act— | |
“the 1933 Act” means the Children and Young Persons Act 1933 (c. 12); | |
“the 1968 Act” means the Criminal Appeal Act 1968 (c. 19); | |
“the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23); | |
“the 1980 Act” means the Magistrates’ Courts Act 1980 (c. 43); | 15 |
“the 1981 Act” means the Supreme Court Act 1981 (c. 54); | |
“the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41); | |
“the 1997 Act” means the Civil Procedure Act 1997 (c. 12); | |
“the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act | |
2000 (c. 6). | 20 |
(2) In this Act the following have the meaning given by section 71 of the 1990 | |
Act— | |
“5 year magistrates’ courts qualification”; | |
“7 year general qualification”; | |
“Supreme Court qualification”. | 25 |
(3) In this Act “criminal court” has the meaning given by section 63. | |
(4) In this Act “judge”, except where the context otherwise requires, means a | |
person holding an office listed in subsection (2) of section 59 (power to alter | |
judicial titles). | |
(5) In this Act “lay justice” has the meaning given by section 9. | 30 |
(6) In this Act “Magistrates’ Courts Rule Committee” means the committee | |
appointed by the Lord Chancellor under section 144 of the 1980 Act. | |
(7) In this Act “Minister of the Crown” has the same meaning as in the Ministers | |
of the Crown Act 1975 (c. 26). | |
97 Rules, regulations and orders | 35 |
(1) Any power of the Lord Chancellor to make rules, regulations or orders under | |
this Act is exercisable by statutory instrument. | |
(2) No regulations may be made under section 29(5) (costs in legal proceedings) | |
unless a draft of the statutory instrument containing them has been laid before, | |
and approved by a resolution of, each House of Parliament. | 40 |
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(3) No order may be made under section 31(6) or (8) (power to make permanent | |
provision about collection of fines by fines officers) unless a draft of the | |
statutory instrument containing it has been laid before, and approved by a | |
resolution of, each House of Parliament. | |
(4) A statutory instrument containing— | 5 |
(a) the first order to be made under section 8 (local justice areas), | |
(b) regulations under section 35 (payments, accounting and banking by | |
designated officers), or | |
(c) an order under section 87 (fees), | |
is to be laid before Parliament after being made. | 10 |
(5) Any other statutory instrument, apart from one containing an order under | |
section 99 (commencement), is subject to annulment in pursuance of a | |
resolution of either House of Parliament. | |
(6) Any power of the Lord Chancellor to make rules, regulations or orders under | |
this Act includes power to make— | 15 |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which he considers necessary or expedient. | |
(7) Nothing in this section applies to— | |
(a) rules made under Part 7 (Criminal Procedure and Family Procedure | 20 |
Rules), or | |
(b) an order made under section 94 (power to alter judicial titles: Northern | |
Ireland). | |
98 Minor and consequential amendments, repeals, etc. | |
(1) Schedule 6 contains minor and consequential amendments. | 25 |
(2) Schedule 7 contains repeals. | |
(3) The Lord Chancellor may by order make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which he considers necessary or expedient for the purposes of, in consequence | 30 |
of, or for giving full effect to any provision of this Act. | |
(4) An order under subsection (3) may, in particular— | |
(a) provide for any provision of this Act which comes into force before | |
another such provision has come into force to have effect, until that | |
other provision has come into force, with such modifications as are | 35 |
specified in the order, and | |
(b) amend or repeal— | |
(i) any Act passed before, or in the same Session as, this Act, and | |
(ii) subordinate legislation made before the passing of this Act. | |
(5) The amendments that may be made under subsection (4)(b) are in addition to | 40 |
those made by or under any other provision of this Act. | |
(6) In this section “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
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