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| | (c) | such other persons as the Director of Public Prosecutions and the Director |
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| | of the Serious Fraud Office consider appropriate. |
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| | ( ) | Before the code is permitted to come into effect, it shall be laid before |
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| Schedule 16, page 280, line 25, leave out ‘or to disgorge profits made from the |
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| Schedule 16, page 280, line 26, at end insert— |
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| | ‘() | Any money that is received by a prosecutor under a term of a DPA that |
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| | required for P to disgorge profits from the alleged offence is to be distributed |
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| | according to the Home Office’s Asset Recovery Incentive Scheme.’. |
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| Clause 34, page 33, line 42, at end insert— |
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| | ‘(5A) | After section 50(2)(c) (Procedure) of the 2006 Act insert— |
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| | “(2A) | In respect of any application or claim in connection with immigration |
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| | (whether or not under the rules referred to in subsection (1) or any other |
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| | enactment) the Secretary of State may make provision for the |
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| | communication of an immigration officer with the applicant before a |
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| | decision is taken in respect of that application or claim. |
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| | (2B) | Provisions under (2A) may include communication with the individual |
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| | so as to obtain additional information relevant to their application or |
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| | |
| | (5B) | Before the coming into force of this section, the Secretary of State must make |
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| | provision for communication between an immigration officer and the applicant |
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| | for the purposes of obtaining further necessary information not included in the |
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| | original application, as provided for under sections 50(2A) and (2B) of the 2006 |
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| Clause 36, page 34, line 29, after ‘2000’, insert ‘who is working in Criminal and |
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| Financial Investigation’. |
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| Clause 36, page 34, line 41, leave out subsections (4) and (5). |
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| Clause 37, page 38, line 40, leave out from beginning to ‘and’ in line 44. |
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| Clause 37, page 39, leave out lines 8 to 11 and insert— |
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| | ‘( ) | knowingly contrary to any advice (which may take account of any |
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| | accompanying instructions given by the manufacturer or distributor of |
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| | the drug), given by the person by whom the drug was prescribed or |
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| | supplied, about the amount of time that should elapse between taking the |
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| | drug and driving a motor vehicle.’. |
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| Clause 37, page 39, leave out lines 12 to 14. |
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| Clause 37, page 40, line 31, at end insert— |
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| | ‘(8) | A review of the implementation of section 37 shall be undertaken within 12 |
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| | months of Royal Assent and a report laid before both Houses of Parliament.’. |
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| Clause 38, page 40, line 38, at end insert— |
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| | ‘(4) | The Government must publish an impact assessment on the removal of |
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| | “insulting” from section 5(1) (harassment, alarm and distress) and from section |
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| | 6(4) (mental element: miscellaneous) of the Public Order Act 1986 no later than |
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| | 12 months after this legislation is enacted. This report must include details of the |
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| | number of public order complaints made, the characteristics of each complaint |
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| | and the outcome of each case.’. |
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| |
| |
| | Enforcement by taking control of goods |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for |
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| | taking control of goods) is amended as follows. |
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| | (2) | In paragraph 17 (enforcement agent may use reasonable force to enter etc where |
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| | paragraph 18 or 19 applies) for “or 19” substitute “, 18A, 19 or 19A”. |
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5 | | (3) | After paragraph 18 insert— |
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| | “18A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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| | |
| | (b) | the enforcement agent reasonably believes that the debtor |
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10 | | carries on a trade or business on the premises; |
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| | (c) | the enforcement agent is acting under a writ or warrant of |
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| | control issued for the purpose of recovering a sum payable |
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| | under a High Court or county court judgment; |
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| | (d) | the sum so payable is not a traffic contravention debt. |
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15 | | (2) | “Traffic contravention debt” has the meaning given by section 82(2) |
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| | of the Traffic Management Act 2004.” |
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| |
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| | (4) | After paragraph 19 insert— |
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| | “19A (1) | This paragraph applies if these conditions are met— |
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| | (a) | the enforcement agent has power to enter the premises under |
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20 | | |
| | (b) | the premises are not premises on which the enforcement agent |
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| | reasonably believes that the debtor carries on a trade or |
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| | |
| | (c) | the enforcement agent has taken control of the goods by |
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25 | | entering into a controlled goods agreement with the debtor; |
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| | (d) | the debtor has failed to comply with any provision of the |
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| | controlled goods agreement relating to the payment by the |
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| | |
| | (e) | the debtor has been given notice of the intention of the |
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30 | | enforcement agent to enter the premises to inspect the goods |
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| | or to remove them for storage or sale; |
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| | (f) | paragraph 18 does not apply. |
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| | (2) | For the purposes of a notice under sub-paragraph (1)(e), regulations |
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| | |
35 | | (a) | the minimum period of notice; |
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| | (b) | the form of the notice; |
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| | (c) | what it must contain; |
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| | (d) | how it must be given; |
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| | |
40 | | (3) | The enforcement agent must keep a record of the time when a notice |
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| | under sub-paragraph (1)(e) is given. |
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| | (4) | If regulations authorise it, the court may order in prescribed |
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| | circumstances that the notice given may be less than the minimum |
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| | |
45 | | (5) | The order may be subject to conditions.” |
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| | (5) | In paragraphs 24(2) and 31(5) (no power to use force against persons except to |
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| | extent provided in regulations) omit “, except to the extent that regulations |
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| | |
| | (6) | Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after |
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50 | | |
| | (7) | Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in |
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| | accordance with notice of disposal). |
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| | (8) | In consequence of the repeals in subsection (5), in section 90 of the Tribunals, |
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| | Courts and Enforcement Act 2007 (regulations under Part 3)— |
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55 | | (a) | omit subsection (4) (procedure for regulations under paragraphs 24(2) |
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| | and 31(5) of Schedule 12), and |
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| | (b) | in subsection (5) omit “In any other case”. |
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| | (9) | In Schedule 13 to that Act (taking control of goods: amendments)— |
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| | (a) | in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) |
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60 | | for the words after “etc.),” substitute “omit subsection (2).”, |
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| | (b) | in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act |
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| | 1984) after “93 to” insert “98 and”, |
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| | (c) | in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) |
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| | for “436” substitute “436(1)”, |
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| |
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65 | | (d) | in paragraph 125 (amendment of section 15 of the Employment Tribunals |
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| | Act 1996) for ““by execution issued from the county court”” substitute |
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| | “the words from “by execution”, to “court” in the first place after “by |
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| | |
| | (e) | in paragraph 134 (which amends Schedule 17 to the Financial Services |
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70 | | and Markets Act 2000) for “paragraph 16(a)” substitute “paragraphs |
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| | |
| | As Amendments to Mr Jeremy Browne’s proposed New Clause (Enforcement by |
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| | taking control of goods) (NC8):— |
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| |
| | |
| Line 21, leave out paragraph (b). |
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| | |
| Line 32, leave out ‘paragraph 18 does not apply’ and insert ‘neither paragraph 18 |
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| nor paragraph 19 applies.’. |
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| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall commission a review of the NCA functions to report |
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| | no later than one year following commencement of this Act. |
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| | (2) | The review shall report on the appropriateness of the modification of NCA |
|
| | functions, in particular in relation to— |
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| | (a) | provision about NCA counter-terrorism functions; |
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| | (b) | provision about NCA public order functions; and |
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| | (c) | other national response coordination functions.’. |
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| | Regional organised crime task forces |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may make arrangements for the establishment of regional |
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| | organised crime task forces. |
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| | (2) | Such bodies will comprise representatives of— |
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| | |
| | |
| | (c) | HM Revenue and Customs; |
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| | (d) | the UK Border Agency; |
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| | |
| | |
| | (g) | the Police and Crime Commissioners. |
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| | (3) | Each regional organised crime task force will make its own arrangements for— |
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| | |
| | |
| | (4) | The purpose of the Regional Organised Crime Task Force will be to— |
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| | (a) | encourage and support joint working to counter organised crime; and |
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| | (b) | increase public awareness of the causes and impact of organised crime.’. |
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| |
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| | |
| To move the following Clause:— |
|
| | ‘Section 1 of the Children and Young Persons Act 1933 (Cruelty to persons under |
|
| | sixteen) is hereby repealed and replaced as follows— |
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| | |
| | (1) | It is an offence for a person with responsibility for a child intentionally |
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| | or recklessly to subject that child or allow that child to be subjected to |
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| | maltreatment, whether by act or omission, such that the child suffers, or |
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| | is likely to suffer, significant harm. |
|
| | (2) | For the purposes of this section: |
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| | (a) | ‘recklessly’ shall mean that a person with responsibility for a |
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| | child foresaw a risk that an act or omission regarding that child |
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| | would be likely to result in significant harm, but nonetheless |
|
| | unreasonably decided to take that risk; |
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| | (b) | ‘responsibility’ shall be as defined in section 17; |
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| | (c) | ‘maltreatment’ includes— |
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| | (i) | neglect (including abandonment), |
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| |
| |
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| | |
| | |
| | |
| | (v) | emotional abuse (including exposing the child |
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| | to violence against others in the same |
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| | |
| | (d) | ‘harm’ means the impairment of— |
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| | (i) | physical or mental health, or |
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| | (ii) | physical, intellectual, emotional, social or |
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| | |
| | (3) | Where the question of whether harm suffered by a child is significant |
|
| | turns on the child’s health or development, that child’s health or |
|
| | development shall be compared with that which could reasonably be |
|
| | expected of a similar child.”.’. |
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| |
| | Review into the Courts and Tribunals Service |
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| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The Lord Chancellor shall conduct a periodic review of HM Courts and |
|
| | Tribunals Service, including the Office of the Public Guardian, and the impact of |
|
| | section 16 and Schedules 9 to 11, including reports on its efficiency, cost, ease of |
|
| | access and user and practitioner satisfaction, and specifically the impact of court |
|
| | closures on court users and access to justice, and shall publish a report on the |
|
| | review to both Houses of Parliament.’. |
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| |
| | Information for court users |
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| |
| |
| |
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| | |
| To move the following Clause:— |
|
| | ‘The Secretary of State shall publish and consult on a strategy for the delivery of |
|
| | legal information, support and dispute resolution services to the public by HM |
|
| | Courts and Tribunals Service.’. |
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| |
|