leave out subsection (1) and insert— In this Part, “whiplash injury” means an injury or set of injuries resulting in soft tissue damage, usually of the neck, back or shoulder, arising out of a motor accident, which presents symptoms which may include pain and aches (including pain of the jaw, neck, back, and shooting pains in the neck, shoulder or arms), headaches, stiffness, fatigue, dizziness, swelling, bruising, tenderness or muscle spasms.”
Bill texts 5
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Amendments 46
Committee stage — Lords 20
leave out subsections (1) and (2) and insert— Subject to regulations made by the Lord Chancellor under subsection (2), in this Part “whiplash injury” means a soft tissue injury which—
leave out “psychological”
leave out “psychological”
leave out “psychological”
leave out “psychological”
leave out “psychological”
leave out “, back or shoulder”
after “specified” insert “by the Chief Medical Officer of the Department of Health and set out”
leave out “two years” and insert “twelve months”
leave out “two years” and insert “twelve months”
leave out sub-paragraph (ii)
leave out from “injuries,” to end of line 14 and insert “that affect the vertebrae or soft tissue in the neck, back or shoulder and any consequential psychological injury.”
leave out subsection (5)
leave out from “amount” to end of line 13 on page 3 and insert “determined in accordance with the 14th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases or any subsequent revision to these guidelines.”
leave out from “in” to end of line 18 on page 3 and insert “the table of tariffs set out in Schedule 1. The Lord Chancellor may by regulations made by statutory instrument amend Schedule 1.
leave out “specified” and insert “recommended annually by the Civil Justice Council and set out”
at end insert— Before making regulations under subsection (2), the Lord Chancellor must consult the Lord Chief Justice and obtain the agreement of the Judicial College to the amount to be specified in the regulations.”
at end insert— Regulations may be informed by a review from time to time of relevant changes in motor vehicle technology and driving techniques.”
at end insert— Before making regulations under this section, the Lord Chancellor must consult the judiciary and the Judicial College Guidelines.”
Report stage — Lords 20
leave out from “an” to end of line 7 and insert “injury of soft tissue in the neck, back or shoulder that is of a description falling within subsection (1A), but not including an injury excepted by subsection (1B). An injury falls within this subsection if it is—
leave out subsection (2)
leave out subsection (5)
Insert the following new Clause— “Power to amend section 1
after “injury” insert “or any of the whiplash injuries suffered on that occasion”
after “injury” insert “or injuries, taken together,”
after “injury” insert “or injuries”
after “injury” insert “or injuries”
after “injury” insert “or injuries”
at end insert— In this section “duration of the whiplash injury” means the duration of the whiplash injury which a person has suffered, or is likely to suffer, assuming they take or have taken reasonable steps to mitigate that injury.”
leave out subsection (2) and insert— The total amount of damages for pain, suffering and loss of amenity payable in respect of a whiplash injury or in respect of both a whiplash injury and one or more minor psychological injuries suffered on the same occasion as the whiplash injury (“the tariff amount” for the purposes of section 3(7)) is—
Leave out Clause 2
at end insert— The Lord Chancellor must consult the Lord Chief Justice before making regulations under this section.”
leave out “two years” and insert “twelve months”
leave out “two years” and insert “twelve months”
leave out sub-paragraph (ii)
after “specified” insert “by the Chief Medical Officer of the Department of Health and set out”
leave out from “amount” to end of line 13 on page 3 and insert “determined in accordance with the 14th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases or any subsequent revision to these guidelines.”
leave out second “the person” and insert “that person”
Leave out Clause 2 and insert the following new Clause— “Damages for whiplash injuries
3rd reading — Lords 6
leave out lines 3 to 5
leave out “3” and insert “5”
leave out “3” and insert “5”
leave out “three” and insert “five”
leave out “3” and insert “5”
leave out “This Part comes” and insert “Part 2 and this Part come”