Derek McDowell (Labour)

I move amendment No. 23:

In page 25, between lines 16 and 17, to insert the following new subsection:

"(5) For the purposes of proceedings which are brought subsequent to an authorisation under this section, a decision of the court under subsection (1) refusing to approve an assessment shall be deemed to be a decision of the court in which the proceedings are brought refusing to approve a lodgement in the amount of the assessment.".

Again, this concerns a technical issue. Cases where an assessment arising out of a recommendation of the board in an infant case would still have to be ruled on by the courts so the judge could assess whether it was adequate. We are saying that in circumstances where the judge decides it is not adequate the effect, for the purposes of any subsequent court case, should be as if that had been made as a result of court proceedings and not as a result of the board's proceedings, because currently as the Bill is drafted the ruling of the court arising out of an assessment of the board would not stand for the purpose of further court hearings, and I am advised that it should do.