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| | [First and Second Sittings]
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| | | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | | (a) | at 4.00 pm on Tuesday 16 March; |
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| | | (b) | at 9.30 am and 1.00 pm on Thursday 18 March; |
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| | | (c) | at 10.30 am and 4.00 pm on Tuesday 23 March; |
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| | | (d) | at 9.30 am and 1.00 pm on Thursday 25 March; |
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| | | (2) | the proceedings shall be taken in the following order: Clauses 1 to 17; |
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| | | Schedules 1 and 2; Clauses 18 to 20; new Clauses; new Schedules; remaining |
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| | | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | | conclusion at 5.00 pm on Thursday 25 March. |
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| | | To move, That, subject to the discretion of the Chair, any written evidence received by |
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| | | the Committee shall be reported to the House for publication. |
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| | Clause 1, page 1, line 3, after ‘if’, insert ‘acting with corrupt intent’. |
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| | Clause 1, page 1, line 3, after ‘if’, insert ‘acting with dishonesty’. |
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| | Clause 2, page 2, line 2, after ‘if’, insert ‘acting with corrupt intent’. |
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| | Clause 2, page 2, line 2, after ‘if’, insert ‘acting with dishonesty’. |
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| | Clause 4, page 3, line 10, after ‘expectation’, insert ‘with corrupt intent’. |
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| | Clause 4, page 3, line 13, at end insert ‘and demonstrates corrupt intent’. |
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| | Clause 6, page 3, line 42, after ‘to’, insert ‘improperly’. |
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| | Clause 6, page 3, line 42, after ‘to’, insert ‘corruptly’. |
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| | Clause 6, page 4, line 3, after ‘an’, insert ‘undue’. |
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| | Clause 6, page 4, line 5, at end insert ‘improper’. |
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| | Clause 6, page 4, line 12, at end insert— |
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| | | ‘(3A) | It shall be a defence if P reasonably believed at the time of the alleged offence that |
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| | | F or the third party to whom the financial or other advantage was given was |
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| | | required or permitted to accept it under the domestic law of the jurisdiction in |
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| | | which F or the third party operates.’. |
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| | Clause 7, page 5, line 8, leave out ‘adequate’ and insert ‘reasonable’. |
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| | Clause 8, page 6, line 3, leave out from ‘circumstances’ to end and insert |
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| | ‘including but not limited to— |
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| | | (a) | the extent of C’s influence over A, |
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| | | (b) | the degree to which A was able to act autonomously of C, |
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| | | (c) | the particular circumstances of any joint venture or consortium |
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| | | arrangements, both documented and arising by virtue of the parties’ |
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| | | conduct, between A and C, and |
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| | | (d) | the nature of the relationship between A and C.’. |
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| | Clause 9, page 6, line 10, after ‘section 7(1)’, insert ‘at least 30 business days prior |
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| | to sections 1, 2 and 6 coming into force’. |
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| | Clause 10, page 6, line 22, leave out paragraphs (a) to (c) and insert ‘the Attorney |
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| | Clause 10, page 6, line 27, leave out paragraphs (a) and (b) and insert ‘the Attorney |
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| | Clause 10, page 6, line 29, leave out subsections (3) to (5) and insert— |
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| | | ‘(3A) | The powers of consent conferred by this section shall be non-delegable by a |
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| | | Director of the organisations specified in subsection (1) and such powers may not |
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| | | be exercised by individuals other than those specified in subsection (1). |
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| | | (3B) | Where consent to proceedings for an offence under this Act is forthcoming under |
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| | | subsections (1) and (2), the organisation whose Director has consented to |
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| | | proceedings will be solely responsible for the undertaking of such proceedings in |
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| | | relation to that alleged offence.’. |
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| | Clause 10, page 6, line 37, leave out subsections (6) to (14). |
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| | | Clause, as amended, Agreed to. |
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| | [Adjourned until Thursday at 9.30 am |
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