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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: 1 to 128 and NC1 to NC2 |
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| Data Protection Bill [Lords]
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill. |
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| Clause 3, page 2, line 25, leave out “personal data” and insert “information” |
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| | Member’s explanatory statement
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| | This amendment and Amendment 2 enable the definition of “processing” to be used in relation to |
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| | any information, not just personal data. |
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| Clause 3, page 2, line 26, leave out “personal data, or on sets of personal data” and |
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| insert “information, or on sets of information” |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 1. |
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| Clause 3, page 2, line 41, after “83” insert “and see also subsection (14)(c)” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 6. |
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| Clause 3, page 3, line 27, at end insert — |
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| | “(aa) | references to Chapter 2 of Part 2, or to a provision of that Chapter, include |
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| | that Chapter or that provision as applied by Chapter 3 of Part 2;” |
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| | Member’s explanatory statement
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| | This amendment makes clear that references to Chapter 2 of Part 2 in Parts 5 to 7 of the bill |
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| | include that Chapter as applied by Chapter 3 of Part 2. |
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| Clause 3, page 3, line 28, leave out “processing and personal data are to processing |
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| and personal data” and insert “personal data, and the processing of personal data, are to |
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| personal data and processing” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 1. |
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| Clause 3, page 3, line 29, at end insert — |
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| | “(c) | references to a controller or processor are to a controller or processor in |
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| | relation to the processing of personal data to which Chapter 2 or 3 of Part |
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| | 2, Part 3 or Part 4 applies.” |
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| | Member’s explanatory statement
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| | This amendment and Amendment 3 make clear that references to controllers and processors in |
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| | Parts 5 to 7 of the bill are to controllers and processors in relation to processing to which the |
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| | GDPR, the applied GDPR or Part 3 or 4 of the bill applies. |
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| Clause 7, page 5, line 8, leave out “a body specified” and insert “body specified or |
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| | Member’s explanatory statement
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| | This amendment and Amendment 8 make clear that regulations under Clause 7 may identify an |
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| | authority or body by describing a type of authority or body, as well as by specifying an authority |
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| Clause 7, page 5, line 13, after “specified” insert “or described” |
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| | Member’s explanatory statement
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| | See the explanatory statement for Amendment 7. |
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| Clause 8, page 5, line 29, at end insert— |
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| | “( ) | an activity that supports or promotes democratic engagement.” |
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| | Member’s explanatory statement
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| | This amendment adds a reference to processing of personal data that is necessary for activities |
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| | that support or promote democratic engagement to Clause 8 (lawfulness of processing: public |
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| Clause 14, page 8, line 4, leave out “21 days” and insert “1 month” |
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| | Member’s explanatory statement
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| | Clause 14(4)(b) provides that where a controller notifies a data subject under Clause 14(4)(a) that |
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| | the controller has taken a “qualifying significant decision” in relation to the data subject based |
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| | solely on automated processing, the data subject has 21 days to request the controller to |
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| | reconsider or take a new decision not based solely on automated processing. This amendment |
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| | extends that period to one month. |
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| Clause 14, page 8, leave out line 10 and insert “within the period described in Article |
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| | Member’s explanatory statement
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| | This amendment removes provision from Clause 14(5) dealing with the time by which a controller |
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| | has to respond to a data subject’s request under Clause 14(4)(b) and replaces it with a requirement |
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| | for the controller to respond within the time periods set out in Article 12(3) of the GDPR, which is |
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| Clause 14, page 8, line 16, at end insert— |
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| | “(5A) | In connection with this section, a controller has the powers and obligations under |
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| | Article 12 of the GDPR (transparency, procedure for extending time for acting on |
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| | request, fees, manifestly unfounded or excessive requests etc) that apply in |
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| | connection with Article 22 of the GDPR.” |
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| | Member’s explanatory statement
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| | This amendment inserts a signpost to Article 12 of the GDPR which is directly applicable and |
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| | which confers powers and places obligations on controllers to whom Clause 14 applies. |
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| Clause 15, page 8, line 31, after “21” insert “and 34” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 94. |
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| Clause 15, page 8, line 34, after “21” insert “and 34” |
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| | Member’s explanatory statement
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| | This amendment is consequential on an amendment made in the Lords which added Article 34 of |
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| | the GDPR (communication of personal data breach to the data subject) to the list of GDPR |
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| | provisions that are disapplied by paragraph 11 of Schedule 2 to the Bill. |
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| Clause 17, page 10, line 16, leave out “authority” and insert “body” |
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| | Member’s explanatory statement
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| | This amendment corrects the reference in Clause 17(7) to the “national accreditation authority” |
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| | by amending it to refer to the “national accreditation body”, which is defined in Clause 17(8). |
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| Clause 19, page 12, line 2, leave out “(d)” and insert “(e)” |
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| | Member’s explanatory statement
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| | This amendment amends the definition of “relevant NHS body” in this Clause by adding special |
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| | health and social care agencies established under Article 3 of the Health and Personal Social |
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| | Services (Special Agencies) (Northern Ireland) Order 1990 (which fall within paragraph (e) of |
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| | section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009). |
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| Clause 25, page 15, line 40, leave out “individual” and insert “data subject” |
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| | Member’s explanatory statement
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| | Clause 25 makes provision about the processing of manual unstructured data used in longstanding |
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| | historical research. This amendment aligns Clause 25(1)(b)(i) with similar provision in Clause |
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| Clause 30, page 19, line 4, after “specified” insert “or described” |
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| | Member’s explanatory statement
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| | This amendment changes a reference to persons specified in Schedule 7 into a reference to persons |
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| | specified or described there. |
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| Clause 30, page 19, line 10, leave out from “add” to end of line and insert “or |
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| remove a person or description of person” |
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| | Member’s explanatory statement
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| | This amendment makes clear that regulations under Clause 30 may identify a person by describing |
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| | a type of person, as well as by specifying a person. |
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| Clause 41, page 23, line 34, leave out “an individual” and insert “a data subject” |
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| | Member’s explanatory statement
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| | Clause 41 makes provision about the processing of personal data for archiving purposes, for |
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| | scientific or historical research purposes or for statistical purposes. This amendment aligns |
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| | Clause 41(2)(b) with similar provision in Clause 19(2). |
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| Clause 42, page 24, line 29, leave out “with the day” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 47, page 28, line 20, leave out second “data” |
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| | Member’s explanatory statement
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| | This amendment changes a reference to a “data controller” into a reference to a “controller” (as |
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| | defined in Clauses 3 and 32). |
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| Clause 50, page 30, line 11, leave out “21 days” and insert “1 month” |
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| | Member’s explanatory statement
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| | Clause 50(2)(b) provides that where a controller notifies a data subject under Clause 50(2)(a) that |
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| | the controller has taken a “qualifying significant decision” in relation to the data subject based |
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| | solely on automated processing, the data subject has 21 days to request the controller to |
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| | reconsider or take a new decision not based solely on automated processing. This amendment |
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| | extends that period to one month. |
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| Clause 50, page 30, line 17, leave out “21 days” and insert “1 month” |
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| | Member’s explanatory statement
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| | Clause 50(3) provides that where a data subject makes a request to a controller under Clause |
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| | 50(2)(b) to reconsider or retake a decision based solely on automated processing, the controller |
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| | has 21 days to respond. This amendment extends that period to one month. |
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| Clause 51, page 31, line 2, leave out from first “the” to end of line 3 and insert |
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| “restriction imposed by the controller was lawful;” |
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| | Member’s explanatory statement
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| | This amendment changes the nature of the request that a data subject may make to the |
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| | Commissioner in cases where rights to information are restricted under Clause 44(4) or 45(4). The |
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| | effect is that a data subject will be able to request the Commissioner to check that the restriction |
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| Clause 51, page 31, line 11, leave out from first “the” to end of line 12 and insert |
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| “restriction imposed by the controller was lawful;” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 25. |
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| Clause 53, page 31, line 39, leave out “or 47” and insert “, 47 or 50” |
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| | Member’s explanatory statement
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| | Clause 53(1) provides that where a request from a data subject under Clause 45, 46 or 47 is |
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| | manifestly unfounded or excessive, the controller may charge a reasonable fee for dealing with the |
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| | request or refuse to act on the request. This amendment applies Clause 53(1) to requests under |
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| | Clause 50 (automated decision making). See also Amendment 28. |
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| Clause 53, page 32, line 4, leave out “or 47” and insert “, 47 or 50” |
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| | Member’s explanatory statement
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| | Clause 53(3) provides that where there is an issue as to whether a request under Clause 45, 46 or |
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| | 47 is manifestly unfounded or excessive, it is for the controller to show that it is. This amendment |
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| | applies Clause 53(3) to requests under Clause 50 (automated decision making). See also |
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| Clause 54, page 32, line 14, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 54, page 32, line 15, leave out “day” and insert “time” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 54, page 32, line 15, leave out “days” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 54, page 32, line 16, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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| Clause 54, page 32, line 17, leave out “the day on which” and insert “when” |
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| | Member’s explanatory statement
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| | This amendment is consequential on Amendment 71. |
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