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Fraud Bill [HL]

I am grateful to the noble and learned Lord for his full answer to my questions. I understand the reasons why the Government decided not to accept the Law Commission’s version of Clause 3 and, while I give no undertaking on this matter, it is unlikely that we shall bring this amendment back at a later stage. I should say that in Clause 4, the word ““position”” is very flexible and we may end up with the clause being used in a way that may to some extent achieve what the Law Commission originally intended by its version of Clause 3. However, that is a matter that, no doubt, will be argued in the courts. The clause seems to be drafted in a way that goes somewhat wider than what would technically be a relationship of trustee and beneficiary, or agent, or any relationship which is specifically recognised by the law. However, having said that, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 14 not moved.] Clause 3 agreed to. Clause 4 [Fraud by abuse of position]: