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LORDS amendment, disagreements and AMENDMENTS in lieu |
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[The page and line references are to Bill 108, the bill as first printed for the Commons] |
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4 | Page 7, line 15, at end insert— |
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| “( ) | Where P is an independent trade union, persons provided with relevant |
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| (a) | their membership or former membership of P, or |
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| (b) | another person’s membership or former membership of P, |
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| | do not constitute the public or a section of the public.” |
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| lords DISAGREEMENT AND amendment in lieu |
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| The Lords disagree with the Commons in their Amendment 4 but propose Amendment 4A |
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4A | Page 7, line 15, at end insert— |
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| “(5A) | Where P is an independent trade union, persons provided with relevant |
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| services do not constitute the public or a section of the public in the |
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| circumstances specified in subsection (5B). |
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| (5B) | The circumstances are— |
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| (a) | the persons are provided with the services by virtue of— |
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| (i) | their membership or former membership of P, or |
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| (ii) | another person’s membership or former membership of P, |
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| (b) | the services are provided to the persons in connection with any |
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| matter which arises out of the terms and conditions of their |
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| employment, their treatment by their employers, their workplace |
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| relationships or their workplace or other working conditions, and |
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| (c) | any such employment, employer or workplace is one in respect of |
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| which P represents, or seeks to represent, workers as a trade union.” |
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10 | Page 15, line 30, leave out from “on” to “and” in line 31 and insert “one or more of |
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| the regulatory objectives,” |
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| lords DISAGREEMENT AND amendment in lieu |
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| The Lords disagree with the Commons in their Amendment 10 but propose Amendment |
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10A | Page 15, line 30, leave out from “impact” to end of line 33 and insert “on one or |
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| more of the regulatory objectives, and |
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| (b) | that it is appropriate to take the action proposed under subsection |
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| (1) in all the circumstances of the case (including in particular the |
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| impact of taking the action on the other regulatory objectives).” |
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11 | Page 16, line 14, leave out from “have,” to end of line 15 and insert “an adverse |
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| impact on one or more of the regulatory objectives,” |
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| lords DISAGREEMENT AND amendments in lieu |
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| The Lords disagree with the Commons in their Amendment 11 but propose Amendments |
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11A | Page 16, line 14, leave out from “likely” to end of line 15 and insert “to have an |
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| adverse impact on one or more of the regulatory objectives,” |
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11B | Page 16, line 33, at end insert— |
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| “( ) | In a case within subsection (1)(a), before giving a direction under |
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| subsection (2) the Board must in particular consider the impact of giving |
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| the direction on the other regulatory objectives.” |
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12 | Page 17, line 27, leave out from “have,” to “and” in line 28 and insert “an adverse |
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| impact on one or more of the regulatory objectives,” |
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| lords DISAGREEMENT AND amendment in lieu |
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| The Lords disagree with the Commons in their Amendment 12 but propose Amendment |
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12A | Page 17, line 27, leave out from “have” to end of line 30 and insert “an adverse |
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| impact on one or more of the regulatory objectives, and |
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| (b) | that it is appropriate to act under this section in all the |
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| circumstances of the case (including in particular the impact of so |
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| acting on the other regulatory objectives).” |
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13 | Page 21, line 9, leave out from “have,” to “and” in line 10 and insert “an adverse |
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| impact on one or more of the regulatory objectives,” |
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| lords DISAGREEMENT AND amendment in lieu |
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| The Lords disagree with the Commons in their Amendment 13 but propose Amendment |
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13A | Page 21, line 9, leave out from “have” to end of line 12 and insert “an adverse |
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| impact on one or more of the regulatory objectives, and |
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| (b) | that it is appropriate to give the intervention direction in all the |
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| circumstances of the case (including in particular the impact of |
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| giving the direction on the other regulatory objectives).” |
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14 | Page 23, line 29, leave out from “have,” to “and” in line 30 and insert “an adverse |
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| impact on one or more of the regulatory objectives,” |
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| lords DISAGREEMENT AND amendments in lieu |
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| The Lords disagree with the Commons in their Amendment 14 but propose Amendments |
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14A | Page 23, line 29, leave out from “have” to end of line 32 and insert “an adverse |
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| impact on one or more of the regulatory objectives, and |
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| (b) | that it is appropriate to cancel the body’s designation in relation to |
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| the activity or activities in question in all the circumstances of the |
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| case (including in particular the impact of cancelling the |
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| designation on the other regulatory objectives).” |
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14C | Page 43, line 14, leave out from “on” to end of line 18 and insert “one or more of the |
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| regulatory objectives, and |
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| (b) | that it is appropriate to cancel the approved regulator’s designation |
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| in relation to the activity or activities in question in all the |
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| circumstances of the case (including in particular the impact of |
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| cancelling the designation on the other regulatory objectives).” |
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15 | Page 27, line 1, leave out subsection (3) and insert— |
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| “( ) | In preparing a statement of policy, the Board must have regard to the |
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| principle that its principal role is the oversight of approved regulators. |
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| ( ) | The statement of policy prepared under subsection (1) must— |
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| (a) | take account of the desirability of resolving informally matters |
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| which arise between the Board and an approved regulator, and |
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| (b) | specify how, in exercising the functions mentioned in that |
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| subsection, the Board will comply with the requirements of section |
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| 3(3) (regulatory activities to be proportionate, consistent and |
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| targeted only at cases in which action is needed, etc).” |
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| lords AGREEMENT AND amendment to the commons amend |
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| The Lords agree with the Commons in their Amendment 15, and do propose Amendment |
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| 15A as an amendment thereto— |
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15A | Line 10, at end insert “, and |
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| (c) | ensure that the Board exercises its powers only where it considers |
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| that the action or inaction of an approved regulator is not an |
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| approach which the approved regulator could reasonably have |
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74 | Page 121, line 6, leave out “with the concurrence of the Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 74 for the following reason— |
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74A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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75 | Page 121, line 10, leave out “with the concurrence of the Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 75 for the following reason— |
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75A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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76 | Page 121, line 12, at end insert— |
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| “( ) | Before appointing an ordinary member, the Lord Chancellor must |
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| consult the Lord Chief Justice.” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 76 for the following reason— |
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76A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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77 | Page 121, line 16, leave out “and Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 77 for the following reason— |
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77A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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81 | Page 122, line 17, leave out “and Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 81 for the following reason— |
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81A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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82 | Page 123, line 6, leave out “with the concurrence of the Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 82 for the following reason— |
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82A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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83 | Page 123, line 8, leave out “and Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 83 for the following reason— |
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83A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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84 | Page 123, line 11, leave out “and Lord Chief Justice are” and insert “is” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 84 for the following reason— |
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84A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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85 | Page 123, line 21, leave out sub-paragraph (5) |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 85 for the following reason— |
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85A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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86 | Page 123, line 23, leave out “the Lord Chancellor and Lord Chief Justice remove” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 86 for the following reason— |
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86A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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87 | Page 123, line 24, leave out from “member” to end of line 25 and insert “under sub- |
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| paragraph (1)(b), the Lord Chancellor must consult— |
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| (a) | the Lord Chief Justice, and |
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| (b) | if the ordinary member is not the chairman, the chairman.” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 87 for the following reason— |
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87A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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88 | Page 123, line 26, leave out “and Lord Chief Justice” |
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| lords DISAGREEMENT AND REASON |
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| The Lords disagree with Commons Amendment 88 for the following reason— |
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88A | Because it is appropriate that the appointment and removal from office of the chairman and |
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| ordinary members of the Legal Services Board should be subject to the concurrence of the |
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