§ Amendments made: No. 246, in page 12, line 13, leave out
as a direct or indirect result
and insert "in consequence"
No. 247, in page 12, line 20, leave out
as a direct or indirect result
and insert "in consequence".
No. 248, in page 12, line 32, leave out from "that" to end of line 4, on page 13, and insert
the enforcement conditions are met.
( ) The enforcement conditions are that it is just and equitable for the agreement or obligation to be enforced or (as the case may be) for the money or property paid or transferred under the agreement to be retained and—
- (a) if the applicant made the unlawful communication, that he reasonably believed that he was not making such a communication; or
- (b) if the applicant did not make the unlawful communication, that he did not know that the agreement was entered into in consequence of such a communication.
( ) 'Applicant' means the person seeking to enforce the agreement or obligation or retain the money or property paid or transferred.
( ) Any reference to making a communication includes causing a communication to be made.". —[Mr. Robert Ainsworth.]