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The Compensation Scheme

Volume 113: debated on Tuesday 31 March 1987

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 127, in page 50, line 48, after 'constituting' insert '(i)'.

No. 128, in page 50, line 48, at end insert

'or
(ii) an offence specified in subsection (3A) below; or'.

No. 129, in page 51, line 8, after '(2)', insert ' (a)(i)'.

No. 130, in page 51, line 8, leave out from 'any' to `requiring' in line 10 and insert 'offence—
(a)'.

No. 131, in page 51, line 14, at end insert

`or
(b) whose commission requires the death of or personal injury to any individual where the state of mind of the person committing the offence consisted of recklessness as to whether he caused death or personal injury.
(3A) The offences mentioned in subsection (2)(a)(ii) above are—'.

No. 132, in page 51, line 14, at end insert—

'(a) rape;
(aa) an offence which falls to be charged as arson;'.

No. 133, in page 51, line 17, after `disorder)', insert 'or 3 (affray)'

No. 158, in page 52, line 21, leave out

'Subject to subsection (10) below,'.

No. 65, in line 23, after 'sustained', insert—

  • (a) is not a child; and
  • (b) '.
  • No. 125, in line 26, at end insert—

    '(a) the Board are satisfied in relation to the person responsible for causing the injury or, where more than one person is responsible for causing it, each of the persons responsible who was living in the same household as the person injured when the injury was sustained—
  • (i) that he has been prosecuted in connection with the injury; or
  • (ii) that there is a sifficient reason why he has not been so prosecuted; and
  • (b) the Board are satisfied—
  • (i) that the person injured has ceased to live, and does not intend to live again, in the same household as the person responsible for causing the injury or, where more than one person is responsible for causing it, any of the persons responsible who was living in the same household as the person injured when the injury was sustained; or
  • (ii) if the person injured has not so ceased to live, that he is prevented by circumstances from doing so.'
  • No. 126, in line 27, leave out subsection (10).

    No. 134, in line 39, leave out

    'consisting of the impairment of any person's mental condition'.

    No. 135, in line 41, leave out 'that person' and insert

    'the person who sustained it'.

    No. 136, in line 42, leave out 'the injury' and insert 'it'.

    No. 137, in line 46, at end insert—

    '(12) Where any criminal injury caused by shock consists of harm to a person's mental condition, it shall only be a qualifying injury for the purposes of the Part of this Act if it ammounts to a psychiatric illness.'.—[Mr. Mellor.]