House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

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.’.



© Parliamentary copyright	Revised 20 October 2011