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Defamation Act 1996

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Changes over time for: Cross Heading: Evidence concerning proceedings in Parliament

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Version Superseded: 26/05/2015

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Evidence concerning proceedings in ParliamentU.K.

13 Evidence concerning proceedings in Parliament.U.K.

(1)Where the conduct of a person in or in relation to proceedings in Parliament is in issue in defamation proceedings, he may waive for the purposes of those proceedings, so far as concerns him, the protection of any enactment or rule of law which prevents proceedings in Parliament being impeached or questioned in any court or place out of Parliament.

(2)Where a person waives that protection—

(a)any such enactment or rule of law shall not apply to prevent evidence being given, questions being asked or statements, submissions, comments or findings being made about his conduct, and

(b)none of those things shall be regarded as infringing the privilege of either House of Parliament.

(3)The waiver by one person of that protection does not affect its operation in relation to another person who has not waived it.

(4)Nothing in this section affects any enactment or rule of law so far as it protects a person (including a person who has waived the protection referred to above) from legal liability for words spoken or things done in the course of, or for the purposes of or incidental to, any proceedings in Parliament.

(5)Without prejudice to the generality of subsection (4), that subsection applies to—

(a)the giving of evidence before either House or a committee;

(b)the presentation or submission of a document to either House or a committee;

(c)the preparation of a document for the purposes of or incidental to the transacting of any such business;

(d)the formulation, making or publication of a document, including a report, by or pursuant to an order of either House or a committee; and

(e)any communication with the Parliamentary Commissioner for Standards or any person having functions in connection with the registration of members’ interests.

In this subsection “a committee” means a committee of either House or a joint committee of both Houses of Parliament.

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