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3531

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Wednesday 19 October 2011

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

3513-18 and 3523-26

 

Consideration of Bill


 

Legal Aid, Sentencing and Punishment of Offenders Bill, As

 

Amended

 

Unsolicited cold calling and SMS texting to induce a legal claim

 

Mr Andy Slaughter

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Information Commissioner shall investigate a complaint that a person has

 

received an unsolicited telephone call or SMS text message to induce that person

 

to make a claim for damages in respect of personal injury.

 

(2)    

If the complaint is substantiated the Information Commissioner shall instruct the

 

telephone network operators of the line from which the call was made and to

 

which a return call was solicited to—

 

(a)    

disconnect

 

(i)    

the lines from which the call or SMS text was made and to which

 

a return call was solicited; and

 

(ii)    

all other lines used by the individual or business initiating the call

 

or SMS text;

 

    

and

 

(b)    

not reconnect that individual or business to another line for a period of 12

 

months or such other period as the Commissioner shall prescribe.

 

(3)    

Within five days of receipt of an instruction under subsection (2) above the

 

telephone network operators shall act upon it.

 

(4)    

The Information Commissioner shall notify all other telephone network operators

 

of an instruction under subsection (2) above.


 
 

Notices of Amendments: 19 October 2011                  

3532

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Mr Andy Slaughter

 

21

 

Page  29,  line  6,  leave out Clause 41.

 

Mr Andy Slaughter

 

22

 

Page  31,  line  1,  leave out Clause 43.

 

Referral fees and whiplash injuries in road traffic cases

 

Mr Andy Slaughter

 

NC6

 

To move the following Clause:—

 

‘(1)    

A person who pays, offers or requests a referral fee, or who enters into an

 

agreement for the payment of a referral fee, in relation to any road traffic claim is

 

guilty of an offence and liable on summary conviction, to imprisonment for a

 

term not exceeding six months or to a fine not exceeding the statutory maximum

 

or to both.

 

(2)    

A person is not entitled to damages for whiplash injury arising out of a collision

 

between motor vehicles unless—

 

(a)    

the speed of any vehicle involved in the collision was five miles per hour

 

or greater, or

 

(b)    

medical evidence establishes that the person had at the time of the

 

collision a particular susceptibility to neck or back injury.

 

(3)    

In this section—

 

“referral fee” means a money payment (other than a payment for advertising

 

or publicity) between persons carrying on business for profit, for the

 

purpose of procuring instructions to conduct a claim;

 

“road traffic claim” means a claim for damages for personal injuries arising

 

out of the use of a motor vehicle; and

 

“whiplash injury” means an injury to the neck caused by an abrupt jerking

 

motion of the head.’.

 

Personal injury cases: unsolicited communications and disclosure of data

 

Mr Andy Slaughter

 

NC7

 

To move the following Clause:—

 

‘(1)    

In this section, “prohibited communication” means—

 

(a)    

an unsolicited written message sent by electronic means (including a text

 

message sent over a mobile communications network),

 

(b)    

an unsolicited telephone call, or

 

(c)    

a telephone call consisting of a pre-recorded or automated message,

 

    

intended or likely to encourage a person to make a claim for damages for personal

 

injuries or to obtain from the sender of the communication any services connected

 

with such a claim.

 

(2)    

A person who sends any prohibited communication, or who causes or permits a

 

prohibited communication to be sent, is guilty of an offence and liable on

 

summary conviction, to imprisonment for a term not exceeding six months or to

 

a fine not exceeding the statutory maximum or to both;


 
 

Notices of Amendments: 19 October 2011                  

3533

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(3)    

For the purposes of the first data protection principle set out in Part 1 of Schedule

 

1 to the Data Protection Act 1998 (“the 1998 Act”), data processed by a person

 

carrying on business for profit are not to be treated as processed fairly and

 

lawfully where the data—

 

(a)    

indicated that the data subject has suffered, or may have suffered,

 

personal injuries, and

 

(b)    

are disclosed to another person without the data subject’s explicit

 

consent.

 

(4)    

Where an offence under section 55(1), (4) or (5) of the 1998 Act (obtaining,

 

disclosing, etc. personal data without data controller’s consent, or selling or

 

offering to sell such data) relates to personal data held by a person carrying on

 

business for profit, and the data indicate that the data subject has, or may have,

 

suffered personal injuries, a person guilty of the offence is liable (instead of the

 

penalties prescribed by section 60(2) of that Act) on summary conviction, to

 

imprisonment for a term not exceeding six months or to a fine not exceeding the

 

statutory maximum or to both.

 

(5)    

In section 55 of the 1998 Act after subsection (5) insert the following new

 

subsections—

 

“(5A)    

A data controller who, in the course of a business carried on for profit,

 

and without the data subject’s explicit consent, discloses to another

 

person (“B”) personal data which indicate that the data subject has, or

 

may have suffered personal injuries, and who—

 

(a)    

intends that the data be used for the purpose of making any

 

prohibited communication (within the meaning of section

 

[Unsolicited communications etc. in personal injury cases] of

 

the Legal Aid, Sentencing and Punishment of Offenders Act

 

2011), or

 

(b)    

is reckless as to whether the data are so used,

 

    

is guilty of an offence.

 

(5B)    

A person guilty of an offence under subsection (5A) is liable (instead of the

 

penalties prescribed by section 60(2)) on summary conviction, to imprisonment

 

for a term not exceeding six months or to a fine not exceeding the statutory

 

maximum or to both.”’.

 

Personal injury claims management companies

 

Mr Andy Slaughter

 

NC8

 

To move the following Clause:—

 

‘(1)    

The ombudsman scheme established under Part 6 of the Legal Services Act 2007

 

applies to persons providing personal injury claims management services as if the

 

person providing those services was at the relevant time (within the meaning of

 

section 128 of that Act) an authorised person in relation to a reserved legal

 

activity.

 

(2)    

For the purposes of subsection (1) the provisions of and made under that Part

 

apply, with the necessary modifications, to persons providing personal injury

 

claims management services as they apply to authorised persons carrying on

 

reserved legal activities.

 

(3)    

A person providing personal injury claims management services (“the provider”)

 

must ensure that subsection (5) is complied with in relation to any published

 

material designed to bring the provider’s services to the attention of members of

 

the public.


 
 

Notices of Amendments: 19 October 2011                  

3534

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(4)    

Where a provider enters into a contract with another person (“the client”) for the

 

provision of personal injury claims management services, the provider must

 

immediately give the client a written statement complying with subsection (5).

 

(5)    

This subsection is complied with where the material or statement prominently—

 

(a)    

where the provider is not authorised under the Legal Services Act 2007

 

to conduct litigation, states that fact and that the provider’s services do

 

not include conducting any proceedings;

 

(b)    

in a case to which paragraph (a) applies, and where the provider receives

 

payment for referring claims, states that any proceedings resulting from

 

the provider’s services will be conducted by a person to whom claims are

 

sold; and

 

(c)    

whether or not paragraph (a) applies, discloses the average payment per

 

case which the provider has received for referring claims during the

 

previous 12 months.

 

(6)    

A person who contravenes the duty imposed by subsection (3) or (4) is guilty of

 

an offence and liable on summary conviction, to imprisonment for a term not

 

exceeding six months or to a fine not exceeding the statutory maximum or to both.

 

(7)    

In this section, “personal injury claims management services” means advice or

 

assistance, provided in the course of a business carried on for profit, in relation to

 

the making of a claim for damages for personal injuries.’.

 


 
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Revised 20 October 2011