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| | | (b) | adding to, removing or amending any of the conditions to which the |
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| | | right conferred by paragraph 4 is for the time being subject. |
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| | | (2) | The power to amend this Schedule for the purpose mentioned in sub-paragraph |
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| | | (1)(b) includes, in particular, power to add to, remove or amend— |
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| | | (a) | any provisions that are applicable for the purposes of a condition; and |
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| | | (b) | any powers of the appropriate national authority to prescribe anything |
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| | | for the purposes of a condition by regulations made by statutory |
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| | | |
| | | (3) | An order under this paragraph may— |
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| | | (a) | include incidental, supplementary, transitional, transitory or saving |
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| | | (b) | make different provision for different purposes. |
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| | | 10 (1) | A statutory instrument containing regulations under any provision of this |
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| | | Schedule is subject to annulment by— |
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| | | (a) | a resolution of either House of Parliament (in the case of regulations |
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| | | made by the Secretary of State); or |
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| | | (b) | a resolution of the National Assembly for Wales (in the case of |
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| | | regulations made by the Welsh Ministers). |
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| | | (2) | A statutory instrument containing an order made under paragraph 9—’. |
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| | New Clauses and New Schedules relating to, and Amendments to, Chapter |
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| | | CCTV and crime prevention and detection |
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| To move the following Clause:— |
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| | | ‘The Secretary of State must commission a report by Her Majesty’s Inspectorate |
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| | | of Constabulary into the use of CCTV by the police and local authorities as a |
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| | | measure for prevention and detection of crime.’. |
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| | | Page 20, line 7 [Clause 29], leave out ‘a code of practice containing’. |
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| | | Page 20, line 9 [Clause 29], leave out ‘Such a code must contain guidance’ and |
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| | insert ‘The guidance may contain information’. |
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| | | |
| | | Page 20, line 12 [Clause 29], at end add— |
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| | | ‘(c) | the importance of using CCTV to prevent and detect crime, |
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| | | (d) | ways to take into account the views of the public in relation to CCTV |
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| | | provision, including the use of public petitions.’. |
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| | | Page 20 [Clause 29], leave out lines 13 to 28. |
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| | | Page 20, line 13 [Clause 29], leave out from ‘code’ to end of line 24 and insert |
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| | ‘must have, in particular— |
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| | | (a) | the purpose of prevention and the detection of crime, |
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| | | (b) | consideration for petitions from the public as consultation for CCTV |
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| | | provision, with any such petition to be brought to the attention of the |
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| | | (c) | no inhibitor of CCTV provision for the purpose of preventing and |
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| | | (d) | consideration as to whether the use of CCTV will prevent and detect |
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| | | Page 24, line 5 [Clause 34], leave out ‘code’ and insert ‘guidance’. |
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| | | Page 24, line 6 [Clause 34], leave out ‘code’ and insert ‘guidance’. |
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| | | Page 24, line 6 [Clause 34], leave out from ‘code’ to end of line 8. |
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| | | Page 24, line 30 [Clause 35], leave out ‘code’ and insert ‘guidance’. |
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| | New Clauses and New Schedules relating to, and amendments to, Part 5 |
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| | | Tax in connection with transfer schemes |
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| | To move the following Clause:— |
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| | | ‘(1) | The Treasury may by order make provision varying the way in which a relevant |
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| | | tax has effect in relation to— |
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| | | (a) | anything transferred under a transfer scheme, or |
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| | | (b) | anything done for the purposes of, or in relation to, a transfer under a |
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| | | |
| | | (2) | The provision which may be made under subsection (1)(a) includes, in particular, |
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| | | (a) | a tax provision not to apply, or to apply with modifications, in relation to |
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| | | (b) | anything transferred to be treated in a specified way for the purposes of a |
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| | | (c) | the Secretary of State to be required or permitted to determine, or specify |
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| | | the method for determining, anything which needs to be determined for |
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| | | the purposes of any tax provision so far as relating to anything |
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| | | |
| | | (3) | The provision which may be made under subsection (1)(b) includes, in particular, |
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| | | (a) | a tax provision not to apply, or to apply with modifications, in relation to |
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| | | anything done for the purposes of, or in relation to, the transfer, |
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| | | (b) | anything done for the purposes of, or in relation to, the transfer to have or |
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| | | not have a specified consequence or be treated in a specified way, |
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| | | (c) | the Secretary of State to be required or permitted to determine, or specify |
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| | | the method for determining, anything which needs to be determined for |
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| | | the purposes of any tax provision so far as relating to anything done for |
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| | | the purposes of, or in relation to, the transfer. |
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| | | (4) | The power to make an order under this section— |
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| | | (a) | is exercisable by statutory instrument, |
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| | | (b) | includes power to make consequential, supplementary, incidental, |
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| | | transitional, transitory or saving provision, |
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| | | (c) | may, in particular, be exercised by amending, repealing, revoking or |
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| | | otherwise modifying any provision made by or under an enactment |
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| | | (whenever passed or made). |
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| | | (5) | A statutory instrument containing an order under this section is subject to |
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| | | annulment in pursuance of a resolution of the House of Commons. |
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| | | |
| | | “enactment” includes an Act of the Scottish Parliament, a Measure or Act |
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| | | of the National Assembly for Wales and Northern Ireland legislation, |
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| | | “relevant tax” means income tax, corporation tax, capital gains tax, stamp |
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| | | duty, stamp duty reserve tax or stamp duty land tax, |
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| | | “tax provision” means any provision— |
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| | | (e) | about a relevant tax, and |
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| | | (f) | made by or under an enactment, |
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| | | “transfer scheme” means a transfer scheme under section 87, |
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| | | | and references to the transfer of property include the grant of a lease.’. |
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| | Page 64, line 16 [Clause 76], at end insert— |
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| | | ‘(6) | After paragraph 5 of Schedule 4 to that Act (regulated activity relating to |
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| | | 5A (1) | The Secretary of State must give guidance for the purpose of assisting |
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| | | regulated activity providers and personnel suppliers in deciding |
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| | | whether supervision is of such a kind that, as a result of paragraph |
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| | | 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be |
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| | | engaging in regulated activity relating to children. |
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| | | (2) | Before giving guidance under this paragraph, the Secretary of State |
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| | | must consult the Welsh Ministers. |
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| | | (3) | The Secretary of State must publish guidance given under this |
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| | | (4) | A regulated activity provider or a personnel supplier must, in |
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| | | exercising any functions under this Act, have regard to guidance for |
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| | | the time being given under this paragraph.”’. |
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| | Page 70, line 43 [Clause 87], leave out from beginning to end of line 2 on page 71 |
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| | |
| | | ‘(7) | For the purposes of this section— |
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| | | (a) | references to rights and liabilities of ISA include references to rights and |
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| | | liabilities of ISA relating to a contract of employment, and |
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| | | (b) | references to rights and liabilities of the Secretary of State include |
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| | | references to rights and liabilities of the Crown relating to the terms of |
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| | | employment of individuals in the civil service. |
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| | | (7A) | Accordingly, a transfer scheme may, in particular, provide— |
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| | | (a) | for an employee of ISA or (as the case may be) an individual employed |
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| | | in the civil service to become an employee of DBS, |
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| | | (b) | for the individual’s contract of employment with ISA or (as the case may |
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| | | be) terms of employment in the civil service to have effect (subject to any |
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| | | necessary modifications) as the terms of the individual’s contract of |
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| | | (c) | for the transfer to DBS of rights and liabilities of ISA or (as the case may |
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| | | be) the Crown under or in connection with the individual’s terms of |
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| | | |
| | Page 71 [Clause 87], leave out lines 8 and 9. |
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| | |
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| | Page 77, line 22 [Clause 97], at end insert— |
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| | | ‘(7) | For the purposes of subsections (5) and (6) an attempt to commit an offence |
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| | | |
| | | (a) | consisted of frequenting with intent to commit the offence any river, |
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| | | canal, street, highway, place of public resort or other location mentioned |
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| | | in section 4 of the Vagrancy Act 1824 (as it then had effect) in connection |
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| | | with frequenting by suspected persons or reputed thiefs, and |
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| | | (b) | was itself an offence under that section.’. |
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| | |
| | |
| | | |
| | Page 144, line 26 [Schedule 7], at end insert— |
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| | | ‘(6) | After paragraph 5 of Schedule 2 to that Order (regulated activity relating to |
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| | | 5A (1) | The Secretary of State must give guidance for the purpose of |
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| | | assisting regulated activity providers and personnel suppliers in |
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| | | deciding whether supervision is of such a kind that, as a result of |
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| | | paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised |
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| | | would not be engaging in regulated activity relating to children. |
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| | | (2) | The Secretary of State must publish guidance given under this |
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| | | (3) | A regulated activity provider or a personnel supplier must, in |
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| | | exercising any functions under this Order, have regard to guidance |
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| | | for the time being given under this paragraph.”’. |
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| | Page 148, line 23 [Schedule 8], at end insert— |
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| | | 15A | Information obtained by DBS in connection with the exercise of any of its |
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| | | functions may be used by DBS in connection with the exercise of any of its |
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| | NEW CLAUSES AND NEW SCHEDULES RELATING TO, AND AMENDMENTS TO, PART 4, |
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| | CHAPTER 2 OF PART 1, CHAPTER 2 OF PART 2, CHAPTER 1 OF PART 3, AND PART 6 |
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| | | Emergency power for temporary extension and review of extensions |
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| | |
| | | |
| | | To move the following Clause:— |
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| | | ‘(1) | After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of |
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| | | terrorist suspects) insert— |
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|
