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| | | (b) | at the time of the person’s publication the person did not know and had |
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| | | no reason to suspect that the previous publication was not an authorised |
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| | Page 32, line 35 [Clause 38], leave out ‘reason’ and insert ‘reasonable cause’. |
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| | Page 32, line 37 [Clause 38], leave out ‘or referred to in’. |
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| | Page 33, line 12, leave out Clause 40. |
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| | Page 33, line 19 [Clause 40], at beginning insert ‘an independent person appointed |
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| | Page 33, line 19 [Clause 40], leave out paragraphs (a) and (b) and insert— |
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| | | ‘(a) | the Lord Chancellor has commissioned an independent review of the |
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| | | operation of Part 2 of this Act, and |
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| | | (b) | the conclusions of the independent review have been set out in a report |
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| | | which has been laid before Parliament’. |
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| | Page 33, line 20 [Clause 40], after ‘Part,’, insert— |
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| | | ‘( ) | in carrying out the review the independent person consulted the public |
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| | | about the operation of this Part,’. |
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| | Page 33, line 23 [Clause 40], leave out subsection (4) and insert—
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| | ‘No review for the purposes of subsection (3)(a) may be commenced before— |
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| | | (a) | the end of the period of 18 months beginning with the time section 32 |
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| | | (b) | a full review has been completed of the findings from the pilot allowing |
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| | | publication of anonymised judgments alone.’. |
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| | Page 33 [Clause 41], leave out from beginning of line 42 to end of line 2 on page 34 |
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| | ‘An account of proceedings, or of any part of proceedings, shall be taken to identify |
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| | | (a) | it contains any particulars of— |
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| | | (i) | the name, title, pseudonym or alias of the person; |
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| | | (ii) | the address or description (physical or by value) of any premises |
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| | | at which the person resides or works, or the locality in which any |
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| | | such premises are situated; |
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| | | (iii) | the physical description or the style of dress of the person; |
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| | | (iv) | any employment or occupation engaged in, profession practised |
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| | | or calling pursued, by the person or any official or honorary |
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| | | position held by the person; |
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| | | (v) | the relationship of the person to identified relatives of the person |
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| | | or the association of the person with identified friends or |
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| | | identified business, official or professional acquaintances of the |
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| | | |
| | | (vi) | the recreational interests, or the political, philosophical or |
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| | | religious beliefs or interests, of the person; or |
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| | | (vii) | any real or personal property in which the person has an interest |
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| | | or with which the person is otherwise associated; being |
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| | | particulars that are sufficient to identify that person to a member |
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| | | of the public, or to a member of the section of the public to which |
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| | | the account is disseminated, as the case requires; |
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| | | (b) | in the case of a written or televised account or an account by other |
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| | | electronic means, it is accompanied by a picture of the person; or |
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| | | (c) | in the case of a broadcast or televised account or an account by other |
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| | | electronic means, it is spoken in whole or in part by the person and the |
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| | | person’s voice is sufficient to identify that person to a member of the |
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| | | public, or to a member of the section of the public to which the account |
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| | | is disseminated, as the case requires.’. |
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| | Page 33, line 42 [Clause 41], leave out ‘, referred to in’. |
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| | Page 33, line 44 [Clause 41], leave out from ‘information’ to ‘to’ in line 1 of page |
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| | 34 and insert ‘, including in particular information as to any of the matters set out in |
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| | subsection (1A), the publication of which is likely to lead members of the public’. |
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| | Page 34, line 2 [Clause 41], leave out ‘, referred to in’. |
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| | Page 34, line 2 [Clause 41], at end insert ‘, and |
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| | | ( ) | in a case where the individual is a child, information the publication of |
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| | | which is likely to lead members of the public to identify the address or |
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| | | school of the individual as being that of an individual who is or has |
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| | | been involved in or otherwise connected with the proceedings.’. |
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| | Page 34 [Clause 41], leave out line 3. |
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| | Page 34 [Clause 41], leave out lines 4 to 13. |
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| | Page 34, line 44 [Clause 41], at end insert— |
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| | | ‘(1A) | The matters referred to in the definition of “identification information” in |
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| | | (a) | the name of the individual or any title, pseudonym or alias of the |
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| | | |
| | | (b) | the address or locality of any place where the individual lives or works or |
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| | | is educated or taken care of; |
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| | | (c) | the individual’s appearance or style of dress; |
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| | | (d) | any employment or other occupation of, or position held by, the |
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| | | (e) | the individual’s relationship to particular relatives, or association with |
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| | | particular friends or acquaintances, of the individual; |
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| | | (f) | the individual’s recreational interests; |
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| | | (g) | the individual’s political, philosophical or religious beliefs or interests; |
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| | | (h) | any property (whether real or personal) in which the individual has an |
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| | | interest or with which the individual is otherwise associated.’. |
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| | Page 34, line 47 [Clause 41], leave out ‘or’. |
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| | Page 34, line 49 [Clause 41], at end insert ‘, or |
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| | | ( ) | is a person who has given written evidence in connection with the |
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| | Page 34, line 49 [Clause 41], at end insert— |
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| | | ‘(c) | is a person who has provided a sworn statement to the court within the |
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| | Page 34, line 50 [Clause 41], leave out subsection (3) and insert— |
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| | | ‘(3) | The Lord Chancellor may not amend— |
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| | | (a) | the definition of “professional witness” in subsection (1); |
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| | | (b) | Schedule 3 (list of sensitive personal information) by order made by |
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| | | statutory instrument unless— |
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| | | (i) | the Lord Chancellor has commissioned an independent review of |
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| | | the existing definition, and |
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| | | (ii) | the conclusions of the independent review have been set out in a |
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| | | report which has been laid before Parliament.’. |
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| | Page 34, line 50 [Clause 41], leave out subsections (3) to (5). |
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| | Page 37, line 2, leave out Schedule 1. |
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| | Page 40 [Schedule 1], leave out lines 28 and 29. |
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| | Page 40 [Schedule 1], leave out lines 28 to 32. |
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| | Page 40, line 30 [Schedule 1], leave out ‘it’ and insert ‘the education provided to a |
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| | Page 40, line 34 [Schedule 1], at end insert— |
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| | | ‘( ) | what support the child may need in relation to any special educational |
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| | Page 40 [Schedule 1], leave out lines 35 to 38. |
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| | Page 41, line 5 [Schedule 1], at end insert— |
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| | | ‘( ) | making any provision in relation to any special educational needs the |
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| | Page 41, line 28 [Schedule 1], leave out from ‘respect’ to end of line 29. |
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| | Page 41, line 33 [Schedule 1], after ‘failure’, insert ‘reasonably’. |
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| | Page 41, line 34 [Schedule 1], leave out from ‘19E’ to ‘the’ in line 35. |
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| | Page 41 [Schedule 1], leave out line 38. |
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