THE CONSTRUCTION WORKERS COMPENSATION SCHEME RULES

Transcription

1 THE CONSTRUCTION WORKERS COMPENSATION SCHEME RULES

2 THE CONSTRUCTION WORKERS COMPENSATION SCHEME RULES 1. INTRODUCTION 2. SCHEME STRUCTURE AND FUNDING 3. JOINING THE SCHEME 4. PRE-EXISTING CLAIMS 5. AGREEMENT TO JOIN 16. CORRESPONDENCE AND TIME LIMITS 17. AMENDMENT TO SCHEME RULES 18. DURATION OF SCHEME 19. CONFIDENTIALITY 20. DEFINITIONS 6. PRELIMINARY LEGAL ADVICE 7. CHOICE OF PROCEDURE 8. FAST TRACK A. Principles Of Compensation B. Procedure C. Compensation Bands D. Legal Costs 9. FULL REVIEW PROCEDURE A. Principles of Compensation B. Procedure C. Further Enquiry D. Evidence E. Decision F. Legal Costs 10. OFFERS TO SETTLE 11. INTERIM REFERENCES 12. PAYMENT 13. CLAIMS FOR PRE-EXISTING LEGAL COSTS 14. CHOICE OF LAW 15. WITHDRAWAL OF SCHEME CLAIM

3 Statement of Principle "The Scheme Companies have joined together in order to provide compensation in respect of those individuals who may have suffered as a result of the activities of The Consulting Association. The following Scheme Rules are intended to be a quick, fair and cost effective way for individuals to access compensation without the need to bring a formal legal action." 1. INTRODUCTION 1.1 This document sets out the Rules and Procedures (the "Scheme Rules") for a scheme to compensate those who may have been affected by the activities of and information held by The Consulting Association ("TCA"). 1.2 The Scheme is a voluntary scheme set up without admission of liability by the Scheme Companies, which has the following objectives: (d) To be straightforward to understand and easy for affected individuals to join; To assess claims for compensation fairly, speedily and proportionately; To provide fair and fast compensation to Applicants; and To ensure that all information seized by The Information Commissioner's Office ("ICO") is passed to affected individuals. 1.3 The Scheme is intended to provide an alternative to court litigation. As such, it is a condition of joining the Scheme that Applicants will not bring or continue to pursue any claims relating to or arising out of the activities of or information held by The Services Group of the Economic League or any part of it ( Economic League ) or TCA in any court or other tribunal. 1.4 The Scheme provides for two different methods of assessment of an Applicant's claim for compensation (the "Scheme Claim"). The two methods of assessment are as follows: Fast Track; and Full Review Procedure. 1.5 The defined terms within these Scheme Rules shall have the meanings provided for in Rule 20 (Definitions). 2. SCHEME STRUCTURE AND FUNDING 2.1 The Adjudicator is Sir Colin Mackay. 2.2 The Scheme Administrator is Crawford & Company Adjusters (UK) Limited t/a Broadspire whose address is 249 Midsummer Boulevard, Central Milton Keynes MK9 1YA.

4 2.3 The Scheme Companies are: (d) (e) (f) (g) (h) Balfour Beatty Group Limited; Carillion Plc; Costain Group Plc; Kier Group Plc; Laing O'Rourke Plc; Sir Robert McAlpine Limited; Skanska UK Plc; and Vinci Plc. 2.4 The Scheme Companies' Solicitors are Pinsent Masons LLP. 3. JOINING THE SCHEME 3.1 Any individual or, where appropriate, the estate of a deceased person, who considers that their name or the name of a deceased person was recorded in TCA records seized by the ICO in February 2009 should make an enquiry to join the Scheme. 3.2 Only those individuals, or estates of a deceased person, who can demonstrate that they are, or the deceased person was, the individual named in TCA records seized by the ICO in February 2009, by reason of their name and other relevant information, including but not limited to their date of birth, National Insurance number, occupation and/or address matching the information held in TCA records, shall be eligible to make a Scheme Claim. 3.3 The following steps must be completed for any individual or the estate of a deceased person to pursue a Scheme Claim: They must return by post, or online a completed Enquiry Form enclosing Eligibility Documents, as set out in the Enquiry Form, in order to prove their eligibility under this Rule 3; Save in respect of those with a Pre-Existing Claim who enclose true copies of TCA records previously provided by the ICO and certified as true by their solicitor with their completed Enquiry Form and Eligibility Documents, the Scheme Administrator will review the completed Enquiry Form and make a request for TCA records held about that individual from the ICO; Following receipt of TCA records about an individual or deceased person in accordance with Rule 3.3, the Scheme Administrator will determine whether they are entitled to join the Scheme and, if so, write to the Scheme Companies requesting any additional records of which they are aware about that individual or deceased person which derive from their name

5 being on TCA records (which shall also constitute "TCA records" for the purposes of these Scheme Rules); (d) (e) If an individual or deceased person is eligible to join the Scheme, the Scheme Administrator will write to that individual or estate of the deceased person confirming their eligibility; The Scheme Administrator will use its best endeavours to write to individuals or estates of deceased persons within 7 days of receipt of TCA records, if any, enclosing a Notification of Eligibility or requesting further information from the individual or estate. Where an individual or estate is deemed Ineligible to join the Scheme, the Scheme Administrator will provide brief reasons for the refusal. 3.4 Any individual or the estate of a deceased person who is deemed Ineligible to join the Scheme will have 28 days from receiving their Notification of Eligibility to write to the Scheme Administrator explaining why the decision should be reversed. The Scheme Administrator will then review the Notification of Eligibility and, within 14 days, write to the individual with the results of that review, which shall be final. 3.5 An individual or the estate of a deceased person deemed eligible to join the Scheme will receive the following additional documents with their Notification of Eligibility: (d) An Applicant Agreement (see Rule 5 (Agreement to Join)); Copies of TCA records specifically relating to the affected individual; A preliminary advice fact sheet; A Fast Track Compensation Statement setting out the proposed compensation calculated in accordance with the Fast Track Compensation Bands ("Compensation Bands"); and (e) Where appropriate, a Choice of Procedure Form (see Rule 7 (Choice of Procedure)) and a Full Review Legal Costs fact sheet. 3.6 No costs of completing the Enquiry Form shall be payable to any individual or the estate of any deceased person. 4. PRE-EXISTING CLAIMS 4.1 Any individual or the estate of a deceased person who is a claimant in any Pre-Existing Claim may apply to join the Scheme. 4.2 Eligibility shall be determined in accordance with Rule 3 (Joining the Scheme). 4.3 For those Applicants to whom this Rule 4 applies, Pre-Existing Legal Costs shall be recoverable as follows:

6 Where the Scheme Administrator receives the Applicant's completed Applicant Agreement within 12 weeks of the Scheme Commencement Date, all of the Applicant's reasonable Pre- Existing Legal Costs shall be recoverable subject to Rule 13 (Claims for Pre-Existing Legal Costs); Where the Scheme Administrator receives the Applicant's completed Applicant Agreement more than 12 weeks after the Scheme Commencement Date, Pre-Existing Legal Costs shall be recoverable as set out in Rule 13 (Claims for Pre-Existing Legal Costs) except that the Applicant's reasonable Pre-Existing Legal Costs will only be recoverable to the extent that they were incurred up to 12 weeks after the Scheme Commencement Date. 4.4 Where this Rule 4 applies, neither the Scheme Companies nor the Applicant (save as set out above) will seek their own costs to which they might otherwise be entitled as a consequence of an Applicant's withdrawal, discontinuance or stay of proceedings by terms of a consent order. 5. AGREEMENT TO JOIN 5.1 In order for an Applicant's Scheme Claim to proceed, the Applicant shall be required to have: Obtained Preliminary Legal Advice; Returned their signed and dated Applicant Agreement to the Scheme Administrator; and Complied with all other conditions in the Applicant Agreement. 5.2 The effect of the Applicant Agreement and the Scheme Rules shall be to: (d) Prevent any Applicant from pursuing a claim relating to or arising out of the activities of or information held by TCA or the Economic League against any person or entity or as more fully set out in the Applicant Agreement outside of a Scheme Claim; Bind both the Applicant and the Scheme Companies to these Scheme Rules; Amount to a binding arbitration agreement pursuant to the Arbitration Act 1996; and Prevent any appeal of a decision under these Scheme Rules, except for where there has been a serious irregularity. Section 69 of the Arbitration Act 1996 (appeal on point of law) is excluded save that Applicants shall not be prevented from seeking non-party disclosure against any person who is not a Scheme Company, providing that no Scheme Company will be liable to the Applicant for the Applicant's costs of pursuing any such person.

7 6. PRELIMINARY LEGAL ADVICE 6.1 Following a Notification of Eligibility, the Scheme Administrator will pay for an eligible individual, or the eligible estate of a deceased person, to obtain Preliminary Legal Advice about whether or not they wish to join the Scheme and, where appropriate, whether they wish to elect the Fast Track or Full Review Procedure. 6.2 Recovery of Preliminary Legal Costs shall be subject to the following: A limit of 250 plus VAT where advice relates to whether or not the Applicant should join the Scheme; or A limit of 400 plus VAT where advice is needed in accordance with Rule 6.2 and, for those entitled to choose the Full Review Procedure, where advice also relates to the Choice of Procedure. 6.3 The Applicant must ensure that invoices for Preliminary Legal Advice are sent to the Scheme Administrator within 28 days of Preliminary Legal Advice being given or, where an Applicant Agreement is entered into, within 28 days of the Applicant Agreement being signed by the Applicant. 7. CHOICE OF PROCEDURE 7.1 The following will apply to the method of assessment: All Applicants deemed eligible to join the Scheme shall be entitled to choose the Fast Track; and Only an individual whose: (i) (ii) Name is recorded on an Index Card in their name held by TCA; and Index Card was Accessed by the Scheme Companies or Third Parties between 1 April 1993 and 23 February 2009 will, following completion of a Choice of Procedure Form, be entitled to choose the Full Review Procedure. 7.2 Save where Applicants wish to move from the Full Review Procedure to the Fast Track as set out in Rule 7.3, Applicants will not be entitled to change their choice once they have submitted their Choice of Procedure Form. 7.3 Any request to change from the Full Review Procedure to the Fast Track: Must be made in writing to the Scheme Administrator; Must be made before the Adjudicator has communicated his Final Decision under the Full Review Procedure to the Applicant; and

8 Shall, unless Legal Costs are first agreed by the Scheme Companies' Solicitors, prevent the Applicant from recovering any Legal Costs that would have been recoverable under Rule 9 (Full Review Procedure) except where the Adjudicator considers that the decision to change to the Fast Track was a reasonable one in all the circumstances following the procedure set out in Rule 11.1 (Interim References). 8. FAST TRACK A. Principles of Compensation 8.1 Applicants will not be required to produce evidence of their actual loss or whether TCA or Scheme Companies breached any duty to the Applicant or caused any loss. 8.2 Compensation shall be calculated solely on the basis of the information contained within TCA records and the Compensation Bands set out in Rule Any previous payment to an Applicant for alleged loss relating to or arising out of the activities of or information held by TCA or the Economic League shall be ignored for the purposes of determining a Fast Track Payment. B. Procedure 8.4 Where an Applicant chooses for their Scheme Claim to proceed by way of the Fast Track, the following will happen: The Applicant can accept the award contemplated by and set out in the Fast Track Compensation Statement by returning the Fast Track Compensation Statement with completed acceptance box; and Each Fast Track Payment shall be made in accordance with Rule 12 (Payment).

9 C. Compensation Bands 8.5 Fast Track Payments shall be calculated in accordance with one of the Compensation Bands set out in Schedule 1 below. SCHEDULE 1 Bands Threshold Payment Schedule 1. An Applicant's name is recorded on the Basic List and, if an Index Card exists for that individual it contains no Narrative Entry. 4, OR (i) An Applicant's name is recorded on the Basic List and an Index Card in that Applicant's name; and (ii) that Index Card contains Narrative Entries about that individual. OR (i) An Applicant's name is recorded on the Basic List and an Index Card in that Applicant's name; (ii) there are one or more entries on that Index Card indicating that Scheme Companies or Third Parties Accessed that Applicant's record(s) on or after 1 April 1993; and (iii) those entries show a Positive Outcome. 7,000 8, OR (i) An Applicant's name is recorded on an Index Card in that Applicant's name; (ii) there are one or more entries on that Index Card indicating that Scheme Companies or Third Parties Accessed that Applicant's record(s) on or after 1 April 1993; and (iii) one or more of those entries shows Negative Outcomes or No Outcome. 20,000

10 D. Legal Costs 8.6 Save as provided by Rule 6 (Preliminary Legal Advice) and Rule 13 (Pre- Existing Legal Costs), no legal costs shall be recoverable by Applicants who proceed by way of the Fast Track. 9. FULL REVIEW PROCEDURE A. Principles of Compensation 9.1 Except for proving on the balance of probabilities that TCA's activities caused an Applicant Financial Loss and what that loss is, an Applicant will not be required to otherwise prove the liability of TCA, any Scheme Company or Third Parties to them. 9.2 Save as provided elsewhere in these Scheme Rules the Adjudicator will determine the level of a Full Review Payment, if any, as would the High Court of England and Wales. In particular, the Adjudicator: (d) (e) Will consider an Applicant's Financial Loss caused by TCA; Shall be entitled to award simple interest on past Financial Loss calculated by reference to half the special account rate applicable in England and Wales from time to time from the date of the loss to the date of the Final Decision; May make a discretionary award for damage to reputation by way of an uplift on any assessment of Financial Loss of 5%, 10% or 15% depending on the seriousness of the Narrative Entry or Narrative Entries on an Applicant's Index Card, providing that he is satisfied that entries on an Index Card have a defamatory meaning and are not true; In assessing the correct level of discretionary uplift pursuant to Rule 9.2, shall take into account the content and length of the entries on an Index Card, the number of separate entries and the extent to which the information was Accessed; Will deduct any previous payment an Applicant has received for the same loss relating to or arising out of the activities of or information held by TCA. 9.3 The Scheme Companies shall be entitled to rely upon all substantive legal defences that would be available in the High Court when challenging the level of damages, in particular those relating to causation of loss, overcompensation and a failure to mitigate such loss. 9.4 Final Decisions shall be limited to a maximum of 100,000 per Applicant.

11 B. Procedure (i) Full Review Submissions 9.5 Within 35 days of receipt of the Full Review Submissions Form ("Full Review Submissions") from the Scheme Administrator, the Applicant will submit to the Scheme Administrator their Full Review Submissions enclosing their TCA records. 9.6 The completed Full Review Submissions should make clear: The nature of the case made against TCA, the Scheme Companies and/or Third Parties; Details of the loss suffered by the Applicant; and What evidence is relied upon by the Applicant, providing supporting evidence where appropriate. 9.7 As a guide, Applicants should try to ensure that their: Full Review Submissions (excluding supporting Documentary Evidence) do not exceed 10 A4 pages in total if the use of additional pages is required; Any supporting Documentary Evidence does not exceed 100 A4 pages in total; and Any written witness evidence does not exceed 10 A4 pages in total. (ii) Full Review Response 9.8 Within 35 days of receipt of a copy of the Applicant's Full Review Submissions and TCA records from the Scheme Administrator, the Scheme Companies will have the right to submit a Full Review Response in writing, together with any documents or evidence (including written witness evidence if appropriate) to the Scheme Administrator. 9.9 As a guide, the Scheme Companies should try to ensure that: their Full Review Response to the Scheme Claim will not exceed 10 A4 pages in total if the use of additional pages is required; Any supporting Documentary Evidence does not exceed 50 A4 pages in total; and Any written witness evidence does not exceed 5 A4 pages in total. (iii) Reply to Full Review Response 9.10 Within 21 days following receipt of the Scheme Companies' Full Review Response from the Scheme Administrator, the Applicant will have the right but not the obligation, to submit a Reply to the Response to the Scheme Administrator.

12 9.11 The Applicant should avoid a Reply to the Response which repeats the contents of their Full Review Submissions As a guide, Applicants should try to ensure that any Reply to the Response will not exceed 4 A4 pages in total if the use of additional pages is required The Adjudicator will not make any adverse inference from an Applicant's failure to submit a Reply to the Response. C. Further Enquiry 9.14 Following receipt of the Applicant's Reply from the Scheme Administrator or at any time immediately after the time for submitting a Reply has expired, the Adjudicator will at his own discretion be entitled, but not required, to either: Request from the Applicant additional written evidence relating to all or any of the specific loss the Applicant has claimed for; or Following the receipt of additional written evidence or in place of such a request, invite the Applicant to an Enquiry Meeting in person or by telephone (as preferred by the Applicant) during which the Adjudicator shall be entitled to make further enquiries of the factual basis of the Applicant's Scheme Claim. The Adjudicator will use his best efforts to limit the length of such meetings to a maximum of 4 hours During an Enquiry Meeting with the Adjudicator, the Applicant may be accompanied by a lawyer and any costs will be determined in accordance with Rule The Scheme Companies shall be notified of any Enquiry Meeting by the Scheme Administrator and shall be entitled to attend and make representations by the Scheme Companies' Solicitors to the Adjudicator but will not be entitled to cross-examine the Applicant An Applicant shall be entitled to reimbursement of their reasonable travel expenses from the Scheme Administrator where supported by receipts for attending an Enquiry Meeting in person. Whether any such expenses are payable shall be determined by the Adjudicator at the Enquiry Meeting and payment shall be made within 28 days of the Enquiry Meeting. D. Evidence 9.18 There shall be a presumption rebuttable by Documentary Evidence alone that TCA records comprise the full extent of: The data held by TCA on each Applicant; The Narrative Entries recorded against an Applicant's name; The occasion(s) on which such data was Accessed by the Scheme Companies and/or Third Parties;

13 (d) The outcomes that resulted from such records being Accessed, if any outcome is stated Where Narrative Entries added between 1 April 1993 and 23 February 2009 are recorded on an Index Card of an individual, that individual or the estate of the deceased can request, by writing to the Scheme Administrator at the time of submission of their Choice of Procedure Form, that the Scheme Company or Scheme Companies against whom an Access has been recorded perform a reasonable and proportionate search of information which they control relating to that individual, that individual's employment and/or application(s) for work with them. Any such request will be sent by the Scheme Administrator to the Scheme Companies' Solicitors Where a search is conducted, the relevant Scheme Company or Scheme Companies will provide copies of the information contemplated by Rule 9.19 within 28 days. The Scheme Companies will not be required to provide privileged documents, save where those documents are capable of redaction. E. Decision 9.21 In addition to any evidence provided in accordance with Rule 9.14, the Adjudicator will make his Final Decision on the basis of: The evidence contained in TCA records and the written and/or oral evidence of Ian Kerr given to the Scottish Affairs Committee in 2012; Any information or evidence provided by the Applicant in their Full Review Submissions and, if any, their Reply to the Response; and Any information or evidence provided by the Scheme Companies in their Full Review Response The Adjudicator's Final Decision will identify the appropriate Full Review Payment, if any The Adjudicator's Final Decision shall be accompanied by written reasons, which will not exceed 3 A4 pages, unless strictly necessary at the Adjudicator's discretion. F. Legal Costs 9.24 An Applicant who chooses to proceed under the Full Review Procedure shall be entitled to recover their Legal Costs up to an Aggregate Costs Cap of 3,700 plus VAT where an Enquiry Meeting takes place and up to 3,000 plus VAT where no Enquiry Meeting is required, provided that such costs are: Reasonably and necessarily incurred; and Incurred in compliance with these Scheme Rules and provided there has been no breach by the Applicant of the Applicant Agreement.

14 9.25 Within 21 days of receipt of the Final Decision, the Applicant or the Applicant's solicitors will submit details to the Scheme Administrator of the Legal Costs, including invoices, which they have incurred and in respect of which they seek recovery In the event the Scheme Companies dispute the amount of Recoverable Legal Costs in accordance with Rule 9.24: Both the Applicant or the Applicant's solicitors and the Scheme Companies shall be entitled to refer the dispute to the Adjudicator; and Any reference to the Adjudicator will proceed in accordance with the procedure set out in Rule 11.1 (Interim References); and No Legal Costs shall be recoverable if, in the opinion of the Adjudicator, the Full Review Payment, if any, is not greater than that which would have been awarded under the Fast Track and the Adjudicator considers it was unreasonable for the Applicant to use the Full Review Procedure. 10. OFFERS TO SETTLE 10.1 At any time following the Full Review Submissions, both the Applicant and the Scheme Companies shall be entitled to make to the other an Offer of Settlement There shall be no prescribed form save that any such Offer of Settlement shall be copied to the Scheme Administrator Upon the making of an Offer of Settlement, the Full Review Procedure timetable shall be suspended for 14 days, recommencing without notice if the Offer of Settlement is not accepted Offers of Settlement will only be valid if in full settlement of a Scheme Claim Offers of Settlement will expire 14 days after the day on which they are made The Applicant and the Scheme Companies will ensure that the Adjudicator is not made aware of any Offer of Settlement, and no inferences shall be drawn, or consequences flow save as set out in this Rule 10, by the making, acceptance or rejection of an Offer of Settlement.

15 11. INTERIM REFERENCES 11.1 Where any procedural dispute about the operation of these Scheme Rules or any matter concerning the progress of a Scheme Claim arises (including any time limits), then: (d) (e) (f) The Applicant or the Applicant's solicitors and the Scheme Companies' Solicitors will first attempt to resolve the same by correspondence or telephone; If the dispute is not resolved within 14 days from the date it is first communicated in correspondence, both the Applicant or the Applicant's solicitors and the Scheme Companies' Solicitors shall be entitled to refer the matter to the Adjudicator; Any reference to the Adjudicator by one participant shall be sent via the Scheme Administrator; The Applicant or the Applicant's solicitors and the Scheme Companies' Solicitors shall be entitled but not required to send written submissions for the attention of the Adjudicator in the first 14 days after a dispute is referred to him; The Adjudicator will make his decision solely on the basis of the written representations and Documentary Evidence made available to him; and Both the Applicant and the Scheme Companies agree that the Adjudicator's decision on any Interim Reference shall be binding The Adjudicator shall be entitled to make interim directions, specific to individual Scheme Claims, during the course of the Fast Track or Full Review Procedure which shall be binding on the Applicant and the Scheme Companies. In respect of the making of such directions, unless otherwise provided in these Rules, the Adjudicator shall be entitled to set out an appropriate procedure Nothing in this Rule is intended to apply to any dispute between an Applicant and the Scheme Administrator relating to or arising out of eligibility to join the Scheme. 12. PAYMENT 12.1 Unless otherwise agreed between an Applicant and the Scheme Companies, and providing the Applicant has executed the Applicant Agreement and complied with its provisions, the Scheme Companies will arrange payment of any: Preliminary Legal Advice invoices to the solicitors acting for the Applicant within 28 days of receiving an invoice in accordance with the Applicant Agreement; Fast Track Payment within 14 days of receipt of the Applicant returning the Fast Track Compensation Statement with completed acceptance box;

16 (d) (e) Full Review Payment within 14 days of receipt of the Adjudicator's Final Decision; Pre-Existing Legal Costs to an Applicant's solicitors in the Pre- Existing Claim within 28 days of the later of agreement between the Applicant or the Applicant's solicitors and the Scheme Companies or following detailed assessment; Recoverable Legal Costs to an Applicant's solicitors in the Full Review claim within 14 days of the later of agreement between the Applicant or the Applicant's solicitors and Scheme Companies or, where appropriate, the decision of the Adjudicator following a referral to him in accordance with Rule CLAIMS FOR PRE-EXISTING LEGAL COSTS 13.1 For those Applicants to whom Rule 4 (Pre-Existing Claims) applies the following will apply to their Pre-Existing Legal Costs: The Scheme Companies and the Applicant will first attempt to agree the amount of recoverable Pre-Existing Legal Costs; but If there is no agreement between the Scheme Companies and the Applicant, then both the Applicant and the Scheme Companies agree that the Applicant will be entitled to bring a claim for detailed assessment on the standard basis of their costs and the provisions of the Civil Procedure Rules 1998 will apply, save that both the Applicant and the Scheme Companies agree that no success fee in relation to any Conditional Fee Agreement will be recoverable. 14. CHOICE OF LAW 14.1 These Scheme Rules shall be governed by and construed in accordance with the law of England and Wales. 15. WITHDRAWAL OF SCHEME CLAIM 15.1 An Applicant may withdraw their Scheme Claim by giving written notice to the Scheme Administrator Withdrawal of any Claim will take effect 5 working days from the date of the written notice If an Applicant withdraws their Scheme Claim, they continue to be bound by Rule 5 (Agreement to Join) where they have signed an Applicant Agreement, in particular the waiver of their right to bring a claim in any court or other tribunal If withdrawal occurs before the Applicant elects the Fast Track or Full Review Procedure, no Legal Costs shall be recoverable If withdrawal occurs after a Choice of Procedure has been made, Legal Costs shall be assessed as appropriate in accordance with Rule 8D (Fast Track: Legal Costs) or Rule 9F (Full Review Procedure: Legal Costs).

17 16. CORRESPONDENCE AND TIME LIMITS 16.1 The Scheme Administrator can be ed at The Scheme Administrator can be written to at TCWCS c/o Broadspire, 249 Midsummer Boulevard, Central Milton Keynes MK9 1YA The Scheme Companies' Solicitors can be ed at The Scheme Companies' Solicitors can be written to at Pinsent Masons LLP, c/o The Construction Workers Compensation Scheme, 30 Crown Place, Earl Street, London EC2A 4ES The Applicant and the Scheme Companies may agree to extend any of the time limits in these Scheme Rules The consequences of a failure of the Applicant or the Scheme Companies to comply with any time limits set out in these Scheme Rules will be at the discretion of the Adjudicator. 17. AMENDMENT TO SCHEME RULES 17.1 In order to ensure the efficient running of the Scheme and for the benefit of Applicants: The Scheme Companies shall be entitled to submit suggested procedural changes to the Rules to the Adjudicator who shall, as far as practicable, decide the matter within 7 days; The Scheme Administrator shall be entitled to appoint additional Adjudicators or replace the Adjudicator in the event of incapacity, unavailability or delay The Adjudicator will have the discretion to make procedural changes in accordance with Rule 17.1, which shall then be published on the website by the Scheme Administrator. 18. DURATION OF SCHEME 18.1 The Scheme will remain open for new Applicants until 30 June After 30 June 2016, unless otherwise notified by the Scheme Administrator, these Rules and accompanying documents shall be of no effect save for those Applicants who have returned a completed Applicant Agreement to the Scheme Administrators. 19. CONFIDENTIALITY 19.1 An Applicant will have the right, but not the obligation to choose whether or not any Final Decision affecting them is confidential between them and the Scheme Companies The Adjudicator shall be entitled, but not required, to publish one or more Final Decisions on the Scheme Website. Any Final Decisions that are published shall be anonymised and published only in order to guide Applicants bringing Scheme Claims pursuant to the Full Review Procedure.

18 20. DEFINITIONS In these Scheme Rules, the following terms have the following meanings: "Accessed" means evidence on an affected individual's Index Card indicating that the Scheme Companies and/or Third Parties did or sought to check that individual's information between 1 April 1993 and 23 February "Adjudicator" means Sir Colin Mackay or any other person appointed in accordance with Rule "Aggregate Costs Cap" means the maximum Recoverable Legal Costs under the Full Review Procedure, not including any Preliminary Legal Costs. "Applicant" means an individual or the estate of a deceased person who the Scheme Administrator considers is eligible under the Scheme Rules. "Applicant Agreement" means the contractual document by which an Applicant agrees to join the Scheme. "Basic List" means the lists of names kept by TCA and seized by the ICO as distinct from an individual's Index Cards. "Choice of Procedure Form" means the document sent to individuals eligible for both the Fast Track and Full Review Procedure in order for them to elect how their Scheme Claim proceeds. "Compensation Bands" means the categories of compensation available under the Fast Track, as set out at Rule 8.5. "Documentary Evidence" means any documentary evidence which is not the Applicant's or Scheme Entities' witness statement, oral evidence, Full Review Submissions, Full Review Response or Reply to the Response, if any. "Economic League" means an organisation believed to be founded in or around 1919, and which preceded TCA or any part thereof. "Eligibility Documents" means those documents and the combination of them deemed acceptable by the Scheme Administrator to prove eligibility to join the Scheme, as fully detailed in the Enquiry Form. "Enquiry Form" means the document which individuals must complete before the Scheme Administrator will determine their eligibility to join the Scheme. "Enquiry Meeting" means a meeting called by the Adjudicator in accordance with Rule "Fast Track" means one of the two methods of assessment under the Scheme Rules, and as set out in Rule 8. "Fast Track Compensation Statement" means the document that sets out an Applicant's proposed compensation calculated in accordance with the Compensation Bands. "Fast Track Payment" means the sum payable by the Scheme Companies

19 pursuant to the Fast Track, whether by agreement with the Applicant or following validation by the Adjudicator. "Final Decision" means the determination of the Adjudicator including written reasons. "Financial Loss", in respect of a Full Review Payment, means past loss of earnings; past costs of re-training; and future loss of earnings. "Full Review Procedure" means one of the two methods of assessment under the Scheme Rules, and as set out Rule 9. "Full Review Payment" means the sum payable by the Scheme Companies pursuant to the Full Review Procedure, as determined by the Adjudicator in their Final Decision. "Full Review Response" means the response of the Scheme Companies to an Applicant's Full Review Submissions. "Full Review Submissions Form" means the document in which the Applicant puts its primary case for compensation. "Index Card" means the hard copy record kept by TCA and recovered by the ICO from TCA premises in February 2009, and shall include Documentary Evidence that a hard copy record derived from TCA records existed, in the name of identifiable individuals. "Ineligible" means an individual who does not satisfy the Scheme's entry requirements as determined by the Scheme Administrator. "ICO" means the public body established to uphold the public's information rights in the UK, whose address is Wycliffe House, Water Lane,Wilmslow, Cheshire SK9 5AF. "Legal Costs" means the Applicant's costs of bringing a Scheme Claim pursuant to the Full Review Procedure. "Narrative Entry" means commentary on an affected individual's Index Card including press cuttings but excluding the individual's personal identification and contact data (such as address, NI number, date of birth, occupation or location worked). "Negative Outcome" means where an individual's Index Card shows that at least one consequence of accessing that Index Card by Scheme Companies and/or Third Parties was that that individual was not employed, their application for work not furthered, or their employment was terminated. "No Outcome" means where an individual's Index Card does not or does not clearly show what the consequence of accessing that Index Card by Scheme Companies and/or Third Parties was. "Notification of Eligibility" means the document sent to individuals who have completed the Enquiry Form, notifying them of their eligibility or ineligibility to join the Scheme.

20 "Offer of Settlement" means an offer to settle a Scheme Claim in accordance with Rule 10. "Positive Outcome" means where an individual's Index Card shows that, following that Index Card being Accessed, the affected individual continued to be employed or was offered work. "Pre-Existing Claim" means any claim in any court or tribunal which is being pursued at the Scheme Commencement Date relating to or arising out of the activities of or information held by TCA or Economic League (and, in respect of which, at the Scheme Commencement Date there has been no interim or final determination of fact in law) that the Applicant is required by the Applicant Agreement to withdraw, discontinue or stay on terms agreed by the Scheme Companies' solicitors. "Pre-Existing Legal Costs" means those specific or generic legal costs and disbursements incurred by or on behalf of an individual arising out of a Pre- Existing Claim, whether or not such claims have been issued, solely relating to or arising out of the activities of or information held by the Economic League or TCA. "Preliminary Legal Advice" means the advice obtained by an eligible individual or the eligible estate of a deceased person, pursuant to Rule 6. "Preliminary Legal Costs" means those costs incurred by an eligible individual or eligible estate of a deceased person relating to and arising out of Preliminary Legal Advice which, subject to Rule 6.1, are recoverable from the Scheme Companies. "Recoverable Legal Costs" means the agreed or determined Legal Costs under the Full Review Procedure payable by the Scheme Companies pursuant to Rule 9.F. "Reply to the Response" means the reply of an Applicant to the Scheme Companies' Full Review Response. "Scheme" means The Construction Workers Compensation Scheme. "Scheme Administrator" means Crawford & Company Adjusters (UK) Limited t/a Broadspire. "Scheme Claim" means an Applicant's claim for compensation pursuant to the Scheme Rules. "Scheme Commencement Date" means 4 July "Scheme Companies" means those companies contributing to the Compensation Scheme, fully listed at Rule 2.3 and includes, for the purposes of Rule 5.2, any of their present or former directors, officers, shareholders, employees or workers. "Scheme Companies' Solicitors" means Pinsent Masons LLP or any other firm of solicitors retained by the Scheme Companies to make representations on their behalf in respect of a Scheme Claim or pursuant to the Scheme Rules.

21 "Scheme Rules" means the rules according to which the Compensation Scheme is administered and which Applicants and the Scheme Companies agree to be bound. "TCA" means The Consulting Association being a company that maintained information on individuals in the construction industry between 1 April 1993 and 23 February "Third Parties" means those companies, together or individually, involved in TCA's activities which are not the Scheme Companies and who are not contributing to the Scheme.