Moved by
Lord Newby
34: Schedule 9, page 287, line 8, leave out from “from” to end of line 10 and insert ““, that the decision” to the end and insert “that—
(a) a decision falling within any of paragraphs (a) to (c) of subsection (1) is taken—
(i) by a person not directly involved in establishing the evidence on which the decision is based, or
(ii) by 2 or more persons who include a person not directly involved in establishing that evidence,
(b) a decision falling within paragraph (d) of subsection (1) is taken—
(i) by a person other than the person by whom the decision was first proposed, or
(ii) by 2 or more persons not including the person by whom the decision was first proposed, and
(c) a decision falling within paragraph (d) of subsection (1) is taken in accordance with a procedure which is, as far as possible, the same as that applicable to a decision which gives rise to an obligation to give a warning notice and which falls within paragraph (b) or (c) of subsection (1).””