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| Clause 35, page 71, leave out lines 23 to 28. |
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| Clause 36, page 71, line 33, at end insert— |
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| | ‘“General guidance on charges’. |
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| Clause 36, page 71, line 34, leave out ‘Guidance relating to rules about’ and insert |
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| Clause 36, page 71, line 35, leave out from beginning to end of line 2 on page 72 |
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| | ‘(1) | The Minister must issue guidance about the principles to be applied by the |
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| | Authority in determining the provisions of— |
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| | (a) | rules under section 66E; |
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| | (b) | rules under section 117I; |
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| | (c) | rules under section 143B. |
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| | (1A) | The Minister may issue guidance about the principles to be applied by the |
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| | Authority in determining the provisions of— |
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| | (a) | rules under section 40E; |
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| | (b) | rules under section 51CD; |
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| | (c) | rules issued in accordance with regulations under section 66M; |
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| | (d) | rules under section 105ZF; |
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| | (e) | rules under section 110F; |
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| | (f) | rules under section 144ZA. |
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| | (1B) | Guidance under subsection (1) or (1A) may include other guidance about the |
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| | provisions of any of the rules mentioned in subsection (1) or (1A). |
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| | (1C) | The Minister may issue guidance about the principles to be applied by the |
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| | Authority in determining the contents of other documents produced by the |
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| | Authority about charges that may be imposed by relevant undertakers or water |
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| | supply or sewerage licensees. |
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| | (1D) | Guidance under subsection (1C) may include other guidance about the contents |
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| | of the documents mentioned in subsection (1C).’. |
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| Clause 36, page 72, leave out lines 4 and 5 and insert ‘when making rules to which the |
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| guidance relates (as well as to any guidance relating to those rules issued under another |
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| provision of this Act).’. |
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| Clause 36, page 72, line 5, at end insert— |
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| | (a) | the Minister issues guidance under this section in respect of rules made |
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| | under a particular provision, and |
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| | (b) | the Authority, having regard to that guidance, considers that it is |
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| | appropriate to revise rules made by it under that provision, |
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| | | the Authority must issue revised rules under that provision.’. |
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| Clause 36, page 72, line 6, leave out ‘the guidance’ and insert ‘guidance under this |
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| Clause 36, page 72, line 19, leave out ‘the guidance’ and insert ‘guidance issued |
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| Clause 36, page 72, line 27, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 36, page 72, line 29, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 37, page 74, line 46, leave out from ‘exercised’ to end of line 47 and |
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| | ‘(i) | in relation to a relevant undertaker whose area is wholly or |
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| | (ii) | in relation to a water supply licensee using the supply system of |
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| | such an undertaker (see section 17B), or |
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| | (iii) | in relation to a sewerage licensee using the sewerage system of |
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| | such an undertaker (see section 17BA);’. |
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| Clause 37, page 74, line 49, leave out from ‘exercised’ to end of line 50 and |
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| | ‘(i) | in relation to a relevant undertaker whose area is wholly or |
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| | (ii) | in relation to a water supply licensee using the supply system of |
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| | such an undertaker (see section 17B);’. |
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| Clause 37, page 74, line 47, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 37, page 74, line 50, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 39, page 77, line 15, at end insert— |
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| | ‘( ) | References in this section to provision made by or under this Part include |
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| | references to provision made under section 52 or 53 in connection with this Part.’. |
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| Clause 39, page 77, line 27, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 39, page 77, line 32, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Schedule 7, page 142, line 9, at end insert— |
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| | ‘(1ZA) | Before determining the standard conditions, the Secretary of State must consult |
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| | the Welsh Ministers as regards conditions relating to a restricted retail |
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| | authorisation or a supplementary authorisation.’. |
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| Schedule 7, page 151, line 31, after ‘1A’ insert ‘of this Part’. |
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| Schedule 7, page 155, line 33, at end insert— |
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| | ‘ | In section 47 (conditions of connection with water main), in subsection (1), for |
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| | “sections 48 to” substitute “sections 49 and”.’. |
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| Schedule 7, page 155, line 39, at end insert— |
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| | ‘ | In section 55 (supplies for non-domestic purposes), in subsection (1A)(b), after |
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| | “17C above) or” insert “, in the case of premises to be supplied using the |
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| | supply system of a water undertaker whose area is wholly or mainly in |
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| Schedule 7, page 155, line 42, leave out from beginning to end of line 16 on page |
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| | (a) | for “the following provisions of this section” there is substituted |
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| | “subsections (1A) to (6)”; |
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| | (b) | after “cut off a supply of water to any premises,” there is inserted “if |
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| | subsection (1ZA) or (1ZB) applies. |
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| | “(1ZA) | This subsection applies”. |
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| | ( ) | After the subsection (1ZA) so formed there is inserted— |
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| | “(1ZB) | This subsection applies if a water supply licensee requests the |
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| | undertaker to disconnect the service pipe or otherwise cut off the |
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| | supply of water to the premises. |
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| | (1ZC) | A water supply licensee may make a request under subsection (1ZB) |
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| | (a) | the occupier of the premises is liable under an agreement with |
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| | the licensee to pay charges to the licensee in respect of the |
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| | supply of water to the premises, |
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| | (b) | the licensee has served notice on the occupier requiring |
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| | (c) | the occupier has failed to pay the charges before the end of the |
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| | period of seven days beginning with the day after the notice |
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| | (d) | that period has expired.” |
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| | (a) | in paragraph (a), for “subsection (1)” there is substituted “subsection |
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| | (b) | in the words following paragraph (b), for “that subsection” there is |
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| | substituted “subsection (1)”. |
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| | ( ) | After subsection (2) there is inserted— |
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| | (a) | a water supply licensee has served a notice for the purposes of |
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| | subsection (1ZC)(b) on a person, and |
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| | (b) | within the period of seven days mentioned in subsection |
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| | (1ZC)(c), the person serves a counter-notice on the licensee |
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| | stating that he disputes his liability to pay the charges in |
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| | | the licensee may not make a request under subsection (1ZB) in relation |
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| | to the premises except at a time when that person is the occupier of the |
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| | premises and those charges are enforceable against that person in a |
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| | manner specified in subsection (3). |
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| | (a) | after “subsection (2)” there is inserted “or (2A)”; |
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| | (b) | in paragraph (a), after “the undertaker” there is inserted “or, as the case |
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| | (c) | in paragraph (b), after “the undertaker” there is inserted “or, as the case |
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| Schedule 7, page 156, line 27, at end insert— |
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| | (i) | after “those premises” there is inserted “(“the primary |
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| | (ii) | after “other premises” there is inserted “(“the secondary |
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| | (b) | in the words after paragraph (b)— |
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| | (i) | for “those other premises” there is substituted “the secondary |
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| | (ii) | for “the premises in relation to which the charges are due” |
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| | there is substituted “the primary premises”; |
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| | (iii) | for “the other premises” there is substituted “the secondary |
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| | ( ) | After subsection (5) there is inserted— |
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| | “(6) | The undertaker may not cut off the supply to the secondary premises |
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| | in reliance on subsection (5) if— |
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| | (a) | in a case where the undertaker is exercising the power in |
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| | subsection (1) because charges are due to it, the secondary |
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| | premises are supplied by a person other than the undertaker; |
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| | (b) | in a case where the undertaker is exercising the power in |
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| | subsection (1) because of a request for disconnection under |
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| | subsection (1ZB), the secondary premises are supplied by a |
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| | person other than the licensee which made that request.”’. |
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| Schedule 7, page 162, line 18, at end insert— |
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| | ‘( ) | in the definition of “protected land”, in paragraph (b), for “section 218” |
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| | there is substituted “section 217”.’. |
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| Schedule 7, page 162, line 30, at end insert— |
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| | ‘The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) |
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| | ‘92A | In Schedule 1 to the National Assembly for Wales (Transfer of Functions) |
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| | Order 1999, in the entry relating to the Water Industry Act 1991— |
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| | (a) | for “licensed water suppliers” there is substituted “water supply |
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| | (b) | for “licensed water supplier”, in each place those words occur, there is |
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| | substituted “water supply licensee.’. |
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| Clause 41, page 77, line 37, at end insert— |
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| | ‘( ) | The Water Resources Act 1991 is amended as follows.’. |
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| Clause 41, page 77, line 38, leave out ‘of the Water Resources Act 1991’. |
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| Clause 41, page 77, line 41, at end insert— |
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| | ‘( ) | Section 61A (recovery of compensation from new licence-holder) is repealed.’. |
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| Clause 44, page 85, line 16, at end insert— |
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| | ‘(ba) | limiting the liability in nuisance for a riparian owner when the |
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| | Environment Agency or relevant Authority withdraws from maintenance |
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| Schedule 7, page 138, line 25, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 7, page 153, line 32, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 7, page 154, line 20, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 7, page 154, line 23, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 7, page 155, line 38, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 7, page 157, line 34, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Clause 42, page 79, line 3, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Clause 42, page 82, line 14, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Page 89, line 3, leave out Clause 47. |
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| Clause 49, page 90, line 3, leave out ‘is wholly or mainly in’ and insert ‘includes |
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| Schedule 9, page 172, line 17, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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| Schedule 9, page 172, line 25, leave out ‘is wholly or mainly in’ and insert |
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| ‘includes part or all of’. |
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