6After section 47B (as substituted by paragraph 5) insert—
(1)The Tribunal may not award exemplary damages in collective proceedings.
(2)The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person.
(3)Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to—
(a)the representative, or
(b)such person other than a represented person as the Tribunal thinks fit.
(4)Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3).
(5)Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007.
(6)In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings.
(7)The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection.
(8)A damages-based agreement is unenforceable if it relates to opt-out collective proceedings.
(9)In this section—
(a)“charity” means a body, or the trustees of a trust, established for charitable purposes only;
(b)“damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses);
(c)“damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.”