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| Wednesday 19 October 2011 |
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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| | Unsolicited cold calling and SMS texting to induce a legal claim |
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| To move the following Clause:— |
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| | ‘(1) | The Information Commissioner shall investigate a complaint that a person has |
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| | received an unsolicited telephone call or SMS text message to induce that person |
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| | to make a claim for damages in respect of personal injury. |
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| | (2) | If the complaint is substantiated the Information Commissioner shall instruct the |
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| | telephone network operators of the line from which the call was made and to |
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| | which a return call was solicited to— |
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| | (i) | the lines from which the call or SMS text was made and to which |
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| | a return call was solicited; and |
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| | (ii) | all other lines used by the individual or business initiating the call |
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| | (b) | not reconnect that individual or business to another line for a period of 12 |
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| | months or such other period as the Commissioner shall prescribe. |
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| | (3) | Within five days of receipt of an instruction under subsection (2) above the |
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| | telephone network operators shall act upon it. |
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| | (4) | The Information Commissioner shall notify all other telephone network operators |
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| | of an instruction under subsection (2) above. |
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| Page 29, line 6, leave out Clause 41. |
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| Page 31, line 1, leave out Clause 43. |
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| | Referral fees and whiplash injuries in road traffic cases |
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| To move the following Clause:— |
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| | ‘(1) | A person who pays, offers or requests a referral fee, or who enters into an |
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| | agreement for the payment of a referral fee, in relation to any road traffic claim is |
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| | guilty of an offence and liable on summary conviction, to imprisonment for a |
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| | term not exceeding six months or to a fine not exceeding the statutory maximum |
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| | (2) | A person is not entitled to damages for whiplash injury arising out of a collision |
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| | between motor vehicles unless— |
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| | (a) | the speed of any vehicle involved in the collision was five miles per hour |
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| | (b) | medical evidence establishes that the person had at the time of the |
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| | collision a particular susceptibility to neck or back injury. |
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| | “referral fee” means a money payment (other than a payment for advertising |
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| | or publicity) between persons carrying on business for profit, for the |
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| | purpose of procuring instructions to conduct a claim; |
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| | “road traffic claim” means a claim for damages for personal injuries arising |
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| | out of the use of a motor vehicle; and |
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| | “whiplash injury” means an injury to the neck caused by an abrupt jerking |
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| | Personal injury cases: unsolicited communications and disclosure of data |
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| To move the following Clause:— |
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| | ‘(1) | In this section, “prohibited communication” means— |
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| | (a) | an unsolicited written message sent by electronic means (including a text |
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| | message sent over a mobile communications network), |
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| | (b) | an unsolicited telephone call, or |
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| | (c) | a telephone call consisting of a pre-recorded or automated message, |
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| | | intended or likely to encourage a person to make a claim for damages for personal |
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| | injuries or to obtain from the sender of the communication any services connected |
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| | (2) | A person who sends any prohibited communication, or who causes or permits a |
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| | prohibited communication to be sent, is guilty of an offence and liable on |
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| | summary conviction, to imprisonment for a term not exceeding six months or to |
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| | a fine not exceeding the statutory maximum or to both; |
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| | (3) | For the purposes of the first data protection principle set out in Part 1 of Schedule |
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| | 1 to the Data Protection Act 1998 (“the 1998 Act”), data processed by a person |
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| | carrying on business for profit are not to be treated as processed fairly and |
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| | (a) | indicated that the data subject has suffered, or may have suffered, |
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| | (b) | are disclosed to another person without the data subject’s explicit |
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| | (4) | Where an offence under section 55(1), (4) or (5) of the 1998 Act (obtaining, |
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| | disclosing, etc. personal data without data controller’s consent, or selling or |
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| | offering to sell such data) relates to personal data held by a person carrying on |
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| | business for profit, and the data indicate that the data subject has, or may have, |
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| | suffered personal injuries, a person guilty of the offence is liable (instead of the |
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| | penalties prescribed by section 60(2) of that Act) on summary conviction, to |
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| | imprisonment for a term not exceeding six months or to a fine not exceeding the |
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| | statutory maximum or to both. |
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| | (5) | In section 55 of the 1998 Act after subsection (5) insert the following new |
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| | “(5A) | A data controller who, in the course of a business carried on for profit, |
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| | and without the data subject’s explicit consent, discloses to another |
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| | person (“B”) personal data which indicate that the data subject has, or |
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| | may have suffered personal injuries, and who— |
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| | (a) | intends that the data be used for the purpose of making any |
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| | prohibited communication (within the meaning of section |
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| | [Unsolicited communications etc. in personal injury cases] of |
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| | the Legal Aid, Sentencing and Punishment of Offenders Act |
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| | (b) | is reckless as to whether the data are so used, |
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| | (5B) | A person guilty of an offence under subsection (5A) is liable (instead of the |
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| | penalties prescribed by section 60(2)) on summary conviction, to imprisonment |
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| | for a term not exceeding six months or to a fine not exceeding the statutory |
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| | Personal injury claims management companies |
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| To move the following Clause:— |
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| | ‘(1) | The ombudsman scheme established under Part 6 of the Legal Services Act 2007 |
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| | applies to persons providing personal injury claims management services as if the |
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| | person providing those services was at the relevant time (within the meaning of |
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| | section 128 of that Act) an authorised person in relation to a reserved legal |
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| | (2) | For the purposes of subsection (1) the provisions of and made under that Part |
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| | apply, with the necessary modifications, to persons providing personal injury |
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| | claims management services as they apply to authorised persons carrying on |
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| | reserved legal activities. |
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| | (3) | A person providing personal injury claims management services (“the provider”) |
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| | must ensure that subsection (5) is complied with in relation to any published |
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| | material designed to bring the provider’s services to the attention of members of |
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| | (4) | Where a provider enters into a contract with another person (“the client”) for the |
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| | provision of personal injury claims management services, the provider must |
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| | immediately give the client a written statement complying with subsection (5). |
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| | (5) | This subsection is complied with where the material or statement prominently— |
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| | (a) | where the provider is not authorised under the Legal Services Act 2007 |
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| | to conduct litigation, states that fact and that the provider’s services do |
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| | not include conducting any proceedings; |
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| | (b) | in a case to which paragraph (a) applies, and where the provider receives |
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| | payment for referring claims, states that any proceedings resulting from |
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| | the provider’s services will be conducted by a person to whom claims are |
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| | (c) | whether or not paragraph (a) applies, discloses the average payment per |
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| | case which the provider has received for referring claims during the |
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| | (6) | A person who contravenes the duty imposed by subsection (3) or (4) is guilty of |
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| | an offence and liable on summary conviction, to imprisonment for a term not |
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| | exceeding six months or to a fine not exceeding the statutory maximum or to both. |
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| | (7) | In this section, “personal injury claims management services” means advice or |
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| | assistance, provided in the course of a business carried on for profit, in relation to |
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| | the making of a claim for damages for personal injuries.’. |
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