Clause 1. — (Extension of Classes of Dependants.)

Orders of the Day — Fatal Accidents Bill – in the House of Commons at 12:00 am on 8th May 1959.

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Photo of Sir John Hobson Sir John Hobson , Warwick and Leamington 12:00 am, 8th May 1959

I beg to move, in page 1, line 6, to leave out Acts. 1846 to 1908 "and to insert "Act, 1846 ".

Photo of Mr William Morrison Mr William Morrison , Cirencester and Tewkesbury

The hon. and learned Member has Amendments also in page 1, line 10, in page 2, line 2, and in page 2, line 25. They probably all go together, if the hon. and learned Member can cover them.

Photo of Sir John Hobson Sir John Hobson , Warwick and Leamington

I respectfully agree, Mr. Speaker.

These are all merely drafting Amendments, consequential on what has now happened as a result of the inclusion of the new Clause, namely, the repeal of the 1908 Act, which is included in the Schedule which we shall be coming to discuss. The Fatal Accidents Act, 1908, must naturally now be repealed and, in consequence of that, it is very much meater and tidier throughout the Bill to refer merely to the 1846 Act and to pick up the point later and define it as including the 1846 Act and the 1864 Act. This, therefore, is a purely consequential and drafting Amendment.

Amendment agreed to.

Further Amendments made: In page 1, line 10, leave out "Acts"and insert "Act ".

In page 2, line 2, leave out "Acts, 1846 to 1908"and insert "Act, 1846 ". —[Mr. John Hobson.]

Photo of Sir John Hobson Sir John Hobson , Warwick and Leamington

I beg to move, in page 2, line 6, to leave out subsection (4).

It would be convenient also to take the Amendment in page 2, line 10.

The Amendment is consequential on the widening of the classes of dependants who can claim under Clause 1 (2). In consequence of that, it is necessary to amend the words in the Law Reform (Married Women and Tortfeasors) Act, 1935, because under Section 6 of that Act the persons affected are confined to the wife, husband, parents or child and there are now numerous persons who ought to be included and who have the benefit of the Section. The convenient way of doing it, instead of adding a long list of persons to be included, is to use the word "dependants"and define it. That is what it is proposed to do.

12.15 p.m.

Amendment agreed to.

Further Amendment made: In page 2, line 10, at end insert: (5) In section six of the Law Reform (Married Women and Tortfeasors) Act, 1935, there shall be substituted for the words "wife, husband, parent or child "in paragraph (b) of subsection (1), the word "dependants ", and for paragraph (a)of subsection (3) the following paragraph:—(a the expression ' dependants ' means the persons for whose benefit actions may be brought under the Fatal Accidents Acts, 1846 to 1959."—[Mr. John Hobson]