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| | Members’ explanatory statement
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| | This amendment provides that not only a “communication”, but also “a document, material or in |
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| | formation”, is privileged in like manner as if the persons had been acting as the client’s solicitor. |
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| | It also deletes the reference to “legal proceedings”. These changes reflect developments in the |
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| | common law of legal professional privilege. |
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| Clause 191, page 103, line 19, leave out from ‘applies’ to end of line 20 and insert |
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| ‘where an individual (“P”) who is not a barrister or solicitor—’. |
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| | Members’ explanatory statement
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| | This amendment is related to amendment 23. Together these amendments provide that not only a |
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| | “communication”, but also “a document, material or information” is privileged in like manner as |
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| | if the individual in subsection (1) had been acting as P’s solicitor. This reflects developments in |
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| | the common law of legal professional privilege. |
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| Clause 191, page 103, line 21, leave out ‘providing’ and insert ‘provides’. |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 18. |
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| Clause 191, page 103, line 23, leave out ‘providing’ and insert ‘provides’. |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 18. |
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| Clause 191, page 103, line 25, leave out ‘providing’ and insert ‘provides’. |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 18. |
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| Clause 191, page 103, line 27, leave out ‘providing’ and insert ‘provides’. |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 18. |
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| Clause 191, page 103, line 29, leave out from ‘Any’ to ‘privileged’ and insert |
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| ‘communication, document, material or information relating to the provision of the |
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| services in question is’.
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| | Members’ explanatory statement
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| | This amendment provides that in addition to a “communication”, “a document, material or infor |
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| | mation” is privileged in like manner as if the individual in subsection (1) had been acting as P’s |
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| | solicitor. It also deletes the reference to “legal proceedings”. These changes reflect developments |
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| | in the common law of legal professional privilege. |
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| Clause 191, page 103, line 33, leave out from ‘(a)’ to ‘services’ in line 34 and insert |
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| ‘a licensed body provides’.
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| | Members’ explanatory statement
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| | This amendment is related to amendment 25. Together these amendments provide that not only a |
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| | “communication”, but also “a document, material or information” is privileged in the circum |
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| | stances set out in subsections (3) and (4). This reflects developments in the common law of legal |
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| Clause 191, page 103, line 39, leave out from ‘(4)’ to ‘privileged’ and insert ‘Any |
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| communication, document, material or information relating to the provision of the |
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| services in question is’.
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| | Members’ explanatory statement
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| | This amendment provides that not only a “communication”, but also “a document, material or in |
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| | formation”, is privileged in the circumstances set out in subsections (3) and (4). It also deletes the |
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| | reference to “legal proceedings”. These changes reflect developments in the common law of legal |
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| Clause 191, page 103, line 44, leave out paragraph (b).
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| | Members’ explanatory statement
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| | This amendment is related to amendment 25. The effect of the deleted provision is already achieved |
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| | by the wording of amendment 25. |
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| Clause 191, page 104, line 31, after ‘communication’, insert ‘, a document, |
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| material or information’.
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| | Members’ explanatory statement
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| | This amendment provides that section 191 is without prejudice to rules by virtue of which not only |
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| | a “communication”, but also “a document, material or information” is privileged from disclosure. |
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| | This change reflects developments in the common law of legal professional privilege. |
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| Clause 194, page 106, line 41, leave out subsection (2). |
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| | Members’ explanatory statement
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| | This amendment is intended remove the exemption from the requirement to hold a Practising Cer |
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| | tificate which currently applies to solicitors employed by Government departments. |
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| Clause 208, page 118, line 3, at end insert— |
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| | ‘“independent trade union” has the same meaning as in the Trade Union and |
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| | Labour Relations (Consolidation) Act 1992 (c. 52) (see section 5 of that |
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| | Members’ explanatory statement
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| | This amendment is part of a set of amendments that change the Bill’s references to trade unions to |
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| | independent trade unions, as defined in this amendment. In the 1992 Act, an independent trade un |
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| | ion means one which is not dominated or controlled by, or liable to interference tending towards |
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| Clause 208, page 118, line 18, leave out ‘a’ and insert ‘an independent’. |
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| | Members’ explanatory statement
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| | This amendment is part of a set of amendments that change the Bill’s references to trade unions to |
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| | independent trade unions, as defined in amendment 126. This amendment changes the reference |
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| | to a trade union in the definition of “non-commercial legal services” to an independent trade un |
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| Clause 208, page 118, leave out lines 33 to 35. |
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| | Members’ explanatory statement
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| | This amendment is part of a set of amendments that change the Bill’s references to trade unions to |
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| | independent trade unions, as defined in amendment 126. This amendment deletes the definition of |
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| Clause 212, page 120, line 5, leave out from ‘Chancellor’ to end of line 24.
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords imposing two conditions prior to making |
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| | an order commencing provisions in Part 5 of the Bill – (a) the commissioning by the Lord Chan |
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| | cellor of research as specified, and (b) approval by both Houses of Parliament of the order in ques |
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| Clause 215, page 120, line 37, leave out subsection (2).
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| | Members’ explanatory statement
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| | This amendment removes the standard privilege amendment made in the House of Lords. |
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| Schedule 21, page 337, line 10, leave out paragraph (a) and insert— |
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| | ‘( ) | in subsection (1), after “to” (in the first place) insert “— |
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| | ( ) | at the end of that subsection insert “, and |
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| | (b) | documents, material or information relating to any |
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| | matter mentioned in paragraph (a).”, and |
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| | ( ) | for subsection (2) substitute— |
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| | “(2) | Where a patent attorney acts for a client in relation to a matter |
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| | mentioned in subsection (1), any communication, document, |
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| | material or information to which this section applies is |
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| | privileged from disclosure in like manner as if the patent |
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| | attorney had at all material times been acting as the client’s |
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| | Members’ explanatory statement
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| | This amendment provides that documents, materials or information are, in addition to communi |
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| | cations, privileged from disclosure in the circumstances set out in section 280 of the Copyright, |
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| | Designs and Patents Act 1988. It also deletes the reference to legal proceedings. These changes |
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| | reflect developments in the common law of privilege in the United Kingdom. |
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| Schedule 21, page 337, line 14, at end insert ‘, and |
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| | ( ) | omit subsection (4).’ |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 103. |
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| Schedule 21, page 343, line 30, leave out paragraph (a) and insert— |
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| | ‘( ) | in subsection (1), after “to” (in the first place) insert “— |
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| | ( ) | at the end of that subsection insert “, and |
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| | (b) | documents, material or information relating to any |
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| | matter mentioned in paragraph (a).”, and |
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| | ( ) | for subsection (2) substitute— |
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| | “(2) | Where a trade mark attorney acts for a client in relation to a |
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| | matter mentioned in subsection (1), any communication, |
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| | document, material or information to which this section |
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| | applies is privileged from disclosure in like manner as if the |
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| | trade mark attorney had at all material times been acting as the |
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| | Members’ explanatory statement
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| | This amendment makes documents, materials and information, in addition to communications, |
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| | privileged from disclosure in the circumstances set out in section 87 of the Trade Marks Act 1994. |
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| | It deletes the reference to legal proceedings. These changes reflect developments in the common |
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| | law of privilege in the United Kingdom. |
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| Schedule 23, page 362, line 39, column 2, at end insert— |
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| | ‘In section 48(2)(b) “in the London Gazette”.’. |
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| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 81. It repeals the reference to the London Ga |
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| Schedule 23, page 367, line 30, column 2, leave out from beginning to end of line |
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| | | | | | | (a) | in subsection (3) “or” at the end of paragraph |
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| | |
| | Members’ explanatory statement
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| | This amendment is consequential upon amendment 104. |
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| Schedule 24, page 371, line 14, at end insert— |
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| | Members’ explanatory statement
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| | This amendment adds independent trade union to the index of defined expressions. |
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| Schedule 24, page 371, line 14, at end insert— |
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| ‘indirect interest (of a non- |
| | | | | authorised person in a licensable |
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| | Members’ explanatory statement
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| | This amendment adds indirect interest to the list of defined expressions. |
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| |
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| Schedule 24, page 371, line 15, column 1, leave out ‘in shares’. |
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| | Members’ explanatory statement
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| | This amendment is related to amendment 111, which now contains the defined expression interest |
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| | in a body, rather than interest in shares in a body. |
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| Schedule 24, page 373, leave out line 2. |
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| | Members’ explanatory statement
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| | This amendment deletes trade union from the index of defined expressions. |
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| | Advice and research functions of the Practitioner Panel |
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| To move the following Clause:— |
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| | ‘(1) | The Practitioner Panel may, at the request of the Board— |
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| | (a) | carry out research for the Board; |
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| | (b) | give advice to the Board. |
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| | (2) | The Board must consider any advice given and the results of any research carried |
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| | (3) | The Practitioner Panel may publish such information as it thinks fit about advice |
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| | it gives, and about the results of research carried out by it, under this section.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Board must assist the maintenance and development of standards in relation |
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| | (a) | the training of paralegals employed by authorised or exempt persons and |
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| | (b) | the proper supervision and monitoring of paralegals. |
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| | (2) | For the purposes of this section a “paralegal” is a person providing legal advice, |
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| | support, assistance or representation in accordance with regulations prescribed by |
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| | Professional representations |
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| To move the following Clause:— |
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| | ‘Section 10 shall apply mutatis mutandis to representations by approved |
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| | regulators whether in their regulatory or representive capacity.’. |
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| | Representations by the Practioner Panel |
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| To move the following Clause:— |
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| | ‘(1) | The Board must consider any representations made to it by the Practioner Panel. |
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| | (2) | If the Board disagrees with a view expressed, or proposal made, in the |
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| | representations, it must give the Practioner Panel a notice to that effect stating its |
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