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| | Offence under section 58A: supplementary provisions |
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| | 1 (1) | This Schedule makes supplementary provision relating to the |
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| | offence in section 58A (eliciting, publishing or communicating |
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| | information about members of the armed forces). |
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| | (2) | The purpose of this Schedule is to comply with Directive 2000/31/ |
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| | EC of the European Parliament and of the Council of 8 June 2000 |
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| | on certain legal aspects of information society services, in particular |
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| | electronic commerce, in the Internal Market (“the E-Commerce |
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| | Domestic service providers: extension of liability |
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| | 2 (1) | This paragraph applies where a service provider is established in the |
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| | United Kingdom (a “domestic service provider”). |
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| | (2) | Section 58A applies to a domestic service provider who— |
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| | (a) | commits any of the acts specified in subsection (1) of that |
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| | section in an EEA state other than the United Kingdom, and |
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| | (b) | does so in the course of providing information society |
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| | | as it applies to a person who commits such an act in the United |
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| | (a) | proceedings for the offence may be taken at any place in the |
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| | (b) | the offence may for all incidental purposes be treated as |
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| | having been committed at any such place. |
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| | Non-UK service providers: restriction on proceedings |
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| | 3 (1) | This paragraph applies where a service provider is established in an |
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| | EEA state other than the United Kingdom (a “non-UK service |
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| | (2) | Proceedings for an offence under section 58A must not be brought |
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| | against a non-UK service provider in respect of anything done in |
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| | the course of the provision of information society services unless |
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| | the following conditions are met. |
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| | (a) | that the bringing of proceedings is necessary for one of the |
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| | (ii) | public security, including the safeguarding of |
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| | national security and defence; |
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| | (b) | that the proceedings are brought against an information |
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| | society service that prejudices the objectives referred to in |
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| | paragraph (a) or presents a serious and grave risk of |
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| | prejudice to those objectives; |
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| | (c) | that the bringing of the proceedings is proportionate to |
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| | Exceptions for mere conduits |
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| | 4 (1) | A service provider is not guilty of an offence under section 58A in |
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| | respect of anything done in the course of providing so much of an |
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| | information society service as consists in— |
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| | (a) | the provision of access to a communication network, or |
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| | (b) | the transmission in a communication network of |
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| | information provided by a recipient of the service, |
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| | | if the following condition is satisfied. |
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| | (2) | The condition is that the service provider does not— |
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| | (a) | initiate the transmission, |
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| | (b) | select the recipient of the transmission, or |
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| | (c) | select or modify the information contained in the |
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| | (3) | For the purposes of sub-paragraph (1)— |
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| | (a) | the provision of access to a communication network, and |
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| | (b) | the transmission of information in a communication |
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| | | includes the automatic, intermediate and transient storage of the |
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| | information transmitted so far as the storage is solely for the |
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| | purpose of carrying out the transmission in the network. |
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| | (4) | Sub-paragraph (3) does not apply if the information is stored for |
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| | longer than is reasonably necessary for the transmission. |
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| | 5 (1) | This paragraph applies where an information society service |
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| | consists in the transmission in a communication network of |
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| | information provided by a recipient of the service. |
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| | (2) | The service provider is not guilty of an offence under section 58A |
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| | in respect of the automatic, intermediate and temporary storage of |
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| | information so provided, if— |
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| | (a) | the storage of the information is solely for the purpose of |
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| | making more efficient the onward transmission of the |
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| | information to other recipients of the service at their |
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| | (b) | the following conditions are satisfied. |
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| | (3) | The first condition is that the service provider does not modify the |
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| | (4) | The second condition is that the service provider complies with any |
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| | conditions attached to having access to the information. |
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| | (5) | The third condition is that if the service provider obtains actual |
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| | (a) | the information at the initial source of the transmission has |
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| | been removed from the network, |
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| | (b) | access to it has been disabled, or |
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| | (c) | a court or administrative authority has ordered the removal |
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| | from the network of, or the disablement of access to, the |
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| | | the service provider expeditiously removes the information or |
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| | 6 (1) | A service provider is not guilty of an offence under section 58A in |
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| | respect of anything done in the course of providing so much of an |
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| | information society service as consists in the storage of information |
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| | provided by a recipient of the service, if the condition is met. |
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| | (2) | The condition is that— |
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| | (a) | the service provider had no actual knowledge when the |
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| | information was provided that it contained offending |
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| | (b) | on obtaining actual knowledge that the information |
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| | contained offending material, the service provider |
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| | expeditiously removed the information or disabled access |
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| | (3) | “Offending material” means information about a person who is or |
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| | has been a member of Her Majesty’s Forces which is of a kind |
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| | likely to be useful to a person committing or preparing an act of |
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| | (4) | This paragraph does not apply if the recipient of the service is acting |
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| | under the authority or control of the service provider. |
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| | “information society services”— |
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| | (a) | has the meaning given in Article 2(a) of the E-Commerce |
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| | Directive (which refers to Article 1(2) of Directive 98/34/EC of |
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| | the European Parliament and of the Council of 22 June 1998 |
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| | laying down a procedure for the provision of information in the |
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| | field of technical standards and regulations), and |
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| | (b) | is summarised in recital 17 of the E-Commerce Directive as |
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| | covering “any service normally provided for remuneration, at a |
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| | distance, by means of electronic equipment for the processing |
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| | (including digital compression) and storage of data, and at the |
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| | individual request of a recipient of a service”; |
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| | “recipient”, in relation to a service, means any person who, for |
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| | professional ends or otherwise, uses an information society service, |
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| | in particular for the purposes of seeking information or making it |
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| | “service provider” means a person providing an information society |
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| | (2) | For the purposes of this Schedule whether a service provider is |
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| | established in the United Kingdom, or in some other EEA state, |
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| | shall be determined in accordance with the following provisions— |
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| | (a) | a service provider is established in the United Kingdom, or |
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| | in a particular EEA state, if the service provider— |
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| | (i) | effectively pursues an economic activity using a |
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| | fixed establishment in the United Kingdom, or that |
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| | EEA state, for an indefinite period, and |
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| | (ii) | is a national of an EEA state or a company or firm |
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| | mentioned in Article 48 of the EEC Treaty; |
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| | (b) | the presence or use in a particular place of equipment or |
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| | other technical means of providing an information society |
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| | service does not, of itself, constitute the establishment of a |
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| | (c) | where it cannot be determined from which of a number of |
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| | establishments a given information society service is |
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| | provided, that service is to be regarded as provided from |
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| | the establishment at the centre of the service provider’s |
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| | activities relating to that service.”.’. |
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| To move the following Schedule:— |
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| | Admissibility of intercept and metering evidence |
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| | 1 (1) | Notwithstanding section 17 of the Regulation of Investigatory Powers Act |
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| | 2000 (c. 23) (“RIPA”), evidence of— |
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| | (a) | the contents of an intercepted communication (“intercept evidence”), |
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| | (b) | communications data (“metering evidence”), |
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| | | shall be admissible in criminal proceedings to which this paragraph applies. |
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| | (2) | This paragraph applies to— |
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| | (a) | proceedings in respect of serious crime, and |
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| | (b) | proceedings in respect of an offence or offences relating to terrorism. |
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| | (3) | An application for permission to introduce intercept evidence or metering |
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| | evidence, or both, may be made by the prosecution for the purpose of |
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| | conducting a criminal prosecution to which this paragraph applies, and not |
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| | (4) | Unless and until an application has been made by the prosecution in any such |
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| | proceedings the provisions of section 17 of RIPA (exclusion of matters from |
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| | legal proceedings) shall continue to apply in connection with those |
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| | Considerations for allowing intercept or metering evidence |
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| | 2 | In deciding whether to admit intercept or metering evidence the court shall take |
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| | account of all relevant considerations, including in particular— |
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| | (a) | any application by the Secretary of State to withhold the evidence or |
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| | part of the evidence on the ground that its disclosure, or the disclosure |
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| | of facts relating to the obtaining of the evidence, would be contrary to |
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| | (b) | any submission that the evidence was obtained unlawfully. |
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| | “communications data” has the same meaning as in section 21(4) of RIPA; |
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| | “intercepted communication” has the same meaning as in section 4 of |
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| | “RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23); |
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| | “serious crime” has the same meaning as in section 81(2)(b) of RIPA; |
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| | “terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11). |
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| | Minor and consequential amendments |
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| | 4 | In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting |
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| | Order of the House [1st April 2008] |
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| | That the following provisions shall apply to the Counter-Terrorism Bill: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on 15th May 2008. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration and Third Reading shall be completed in two |
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| | 5. | Proceedings on consideration (so far as not previously concluded) shall be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | 6. | Proceeedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 7. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 8. | Any other proceeeings on the Bill (including any proceedings on |
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| | consideration of Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| | Order of the Committee [22nd April 2008] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | (a) | at 4.00 p.m. on Tuesday 22nd April; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 24th April; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 29th April; |
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| | (d) | at 10.30 a.m. and 4.00 p.m. on Tuesday 6th May; |
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| | (e) | at 9.00 a.m. and 1.00 p.m. on Thursday 8th May; |
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| | (f) | at 10.30 a.m. and 4.00 p.m. on Tuesday 13th May; |
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| | (g) | at 9.00 a.m. and 1.00 p.m. on Thursday 15th May; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | Until no later than 12.00 noon |
| Association of Chief Police |
| | | | | | | | | | | | Commissioner of Police of the |
| | | | | | | | | | | Until no later than 1.00 p.m. |
| | | | | | Until no later than 4.50 p.m. |
| | | | | | | Prosecutions; Crown Prosecution |
| | | | | | | | | | | Until no later than 5.40 p.m. |
| The Rt Hon Lord Goldsmith QC |
| | | | | Until no later than 6.30 p.m. |
| | | | | | Until no later than 7.00 p.m. |
| The Rt Hon Elish Angiolini QC |
| | | | | | WS, Lord Advocate Scotland |
| | | | | Until no later than 10.25 a.m. |
| | | | | | Until no later than 1.45 p.m. |
| Lord Carlile of Berriew QC |
| | | | | Until no later than 2.30 p.m. |
| Coroners’ Society of England and |
| | | | | | | | | | | Until no later than 4.30 p.m. |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clauses 1 to 22; Schedule 1; Clauses 23 to 31; Schedule 2; |
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