Search Legislation

Compensation Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 3

 Help about opening options

Version Superseded: 01/04/2013

Alternative versions:

Status:

Point in time view as at 18/01/2010. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Compensation Act 2006, Section 3 is up to date with all changes known to be in force on or before 11 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

3Mesothelioma: damagesU.K.

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a person (“the responsible person”) has negligently or in breach of statutory duty caused or permitted another person (“the victim”) to be exposed to asbestos,

(b)the victim has contracted mesothelioma as a result of exposure to asbestos,

(c)because of the nature of mesothelioma and the state of medical science, it is not possible to determine with certainty whether it was the exposure mentioned in paragraph (a) or another exposure which caused the victim to become ill, and

(d)the responsible person is liable in tort, by virtue of the exposure mentioned in paragraph (a), in connection with damage caused to the victim by the disease (whether by reason of having materially increased a risk or for any other reason).

(2)The responsible person shall be liable—

(a)in respect of the whole of the damage caused to the victim by the disease (irrespective of whether the victim was also exposed to asbestos—

(i)other than by the responsible person, whether or not in circumstances in which another person has liability in tort, or

(ii)by the responsible person in circumstances in which he has no liability in tort), and

(b)jointly and severally with any other responsible person.

(3)Subsection (2) does not prevent—

(a)one responsible person from claiming a contribution from another, or

(b)a finding of contributory negligence.

(4)In determining the extent of contributions of different responsible persons in accordance with subsection (3)(a), a court shall have regard to the relative lengths of the periods of exposure for which each was responsible; but this subsection shall not apply—

(a)if or to the extent that responsible persons agree to apportion responsibility amongst themselves on some other basis, or

(b)if or to the extent that the court thinks that another basis for determining contributions is more appropriate in the circumstances of a particular case.

(5)In subsection (1) the reference to causing or permitting a person to be exposed to asbestos includes a reference to failing to protect a person from exposure to asbestos.

(6)In the application of this section to Scotland—

(a)a reference to tort shall be taken as a reference to delict, and

(b)a reference to a court shall be taken to include a reference to a jury.

(7)The Treasury may make regulations about the provision of compensation to a responsible person where—

(a)he claims, or would claim, a contribution from another responsible person in accordance with subsection (3)(a), but

(b)he is unable or likely to be unable to obtain the contribution, because an insurer of the other responsible person is unable or likely to be unable to satisfy the claim for a contribution.

(8)The regulations may, in particular—

(a)replicate or apply (with or without modification) a provision of the Financial Services Compensation Scheme;

(b)replicate or apply (with or without modification) a transitional compensation provision;

(c)provide for a specified person to assess and pay compensation;

(d)provide for expenses incurred (including the payment of compensation) to be met out of levies collected in accordance with section 213(3)(b) of the Financial Services and Markets Act 2000 (c. 8) (the Financial Services Compensation Scheme);

(e)modify the effect of a transitional compensation provision;

(f)enable the Financial Services Authority to amend the Financial Services Compensation Scheme;

(g)modify the Financial Services and Markets Act 2000 in its application to an amendment pursuant to paragraph (f);

(h)make, or require the making of, provision for the making of a claim by a responsible person for compensation whether or not he has already satisfied claims in tort against him;

(i)make, or require the making of, provision which has effect in relation to claims for contributions made on or after the date on which this Act is passed.

(9)Provision made by virtue of subsection (8)(a) shall cease to have effect when the Financial Services Compensation Scheme is amended by the Financial Services Authority by virtue of subsection (8)(f).

(10)In subsections (7) and (8)—

(a)a reference to a responsible person includes a reference to an insurer of a responsible person, and

(b)transitional compensation provision” means a provision of an enactment which is made under the Financial Services and Markets Act 2000 and—

(i)preserves the effect of the Policyholders Protection Act 1975 (c. 75), or

(ii)applies the Financial Services Compensation Scheme in relation to matters arising before its establishment.

(11)Regulations under subsection (7)—

(a)may include consequential or incidental provision,

(b)may make provision which has effect generally or only in relation to specified cases or circumstances,

(c)may make different provision for different cases or circumstances,

(d)shall be made by statutory instrument, and

(e)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources