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| | ‘satisfied on reasonable grounds’. |
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| | Clause 34, page 20, line 17, at end add— |
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| | | ‘(c) | any other form of peaceful assembly.’. |
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| | Clause 40, page 23, line 1, leave out subsection (5). |
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| | Clause 43, page 24, leave out lines 19 to 22. |
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| | Clause 43, page 24, line 31, leave out subsection (3) and insert— |
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| | | ‘(3) | While an appeal against a community protection notice is in progress— |
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| | | (a) | a requirement imposed by the notice to stop doing specified things |
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| | | remains in effect, unless the court orders otherwise, but |
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| | | (b) | any other requirement imposed by the notice is of no effect. |
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| | | | For this purpose an appeal is “in progress” until it is finally determined or is |
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| | Clause 45, page 26, line 9, leave out ‘specified in’ and insert ‘alleged to constitute |
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| | a failure to comply with’. |
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| | Clause 45, page 26, line 11, leave out paragraph (a). |
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| | Clause 45, page 26, line 19, leave out paragraph (a). |
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| | Clause 60, page 36, line 7, at end insert— |
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| | | ‘( ) | Before a local authority makes a public spaces protection order restricting the |
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| | | public right of way over a highway that is also within the area of another local |
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| | | authority, it must consult that other authority if it thinks it appropriate to do so.’. |
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| | Clause 62, page 37, line 6, at end insert ‘, or |
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| | | ( ) | a variation of a public spaces protection order.’. |
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| | Clause 62, page 37, line 10, after ‘order’ insert ‘or variation’. |
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| | Clause 62, page 37, line 11, after ‘order’ insert ‘(or by the order as varied)’. |
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| | Clause 62, page 37, line 13, after ‘order’ insert ‘or variation’. |
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| | Clause 62, page 37, line 15, after ‘order’ insert ‘or variation’. |
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| | Clause 62, page 37, line 17, leave out ‘public spaces protection order’ and insert |
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| | Clause 62, page 37, line 17, leave out ‘its prohibitions or requirements’ and insert |
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| | ‘the prohibitions or requirements imposed by the order (or by the order as varied)’. |
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| | Clause 62, page 37, line 20, after ‘order’ insert ‘or variation’. |
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| | Clause 62, page 37, line 21, after ‘order’ insert ‘(or by the order as varied)’. |
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| | Clause 62, page 37, line 24, leave out from first ‘or’ to end of line and insert |
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| | ‘variation, or any of the prohibitions or requirements imposed by the order (or by the order |
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| | Clause 62, page 37, line 25, leave out ‘its prohibitions or requirements’ and insert |
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| | ‘the prohibitions or requirements imposed by the order (or by the order as varied)’. |
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| | Clause 62, page 37, line 29, after ‘order’ insert ‘, or of a variation of a public spaces |
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| | Clause 63, page 38, line 3, at end insert— |
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| | | ‘( ) | Consuming alcohol in breach of a public spaces protection order is not an offence |
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| | | under this section (but see section 59).’. |
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| | Clause 70, page 42, line 14, at end insert— |
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| | | ‘( ) | In calculating when the period of 48 hours ends, Christmas Day is to be |
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| | Clause 73, page 44, line 11, at end insert— |
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| | | ‘( ) | In calculating when the period of 48 hours ends, Christmas Day is to be |
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| | Clause 81, page 49, line 17, after ‘owner’ insert ‘or occupier’. |
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| | Clause 81, page 49, line 21, at end insert— |
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| | | ‘( ) | An order under this section may be made only against a person who has been |
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| | | served with the application for the order.’. |
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| | Clause 81, page 49, line 22, after ‘must’ insert ‘also’. |
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| | Clause 81, page 49, line 26, leave out paragraph (c). |
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| | Page 61, line 22, leave out Clause 91. |
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| | Clause 93, page 64, line 3, at end insert— |
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| | | ‘( ) | For the purposes of subsection (2), an action is appropriate to be carried out by a |
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| | | person only if it has one or more of the following objects— |
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| | | (a) | assisting in the person’s rehabilitation; |
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| | | (b) | ensuring that the person makes reparation for the behaviour or offence in |
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| | | (c) | punishing the person.’. |
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| | Clause 93, page 64, leave out lines 6 to 11 and insert— |
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| | | ‘(a) | have regard to the need promote public confidence in the out-of-court |
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| | | (b) | have regard to any guidance issued by the Secretary of State about how |
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| | | local policing bodies are to discharge their functions under this section; |
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| | | (c) | carry out the necessary consultation and take account of all views |
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| | | expressed by those consulted. |
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| | | ( ) | In subsection (3)(c) “the necessary consultation” means— |
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| | | (a) | consultation with the chief officer of police for the area, |
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| | | (b) | consultation with whatever community representatives the local policing |
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| | | body thinks it appropriate to consult, and |
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| | | (c) | whatever other public consultation the local policing body thinks |
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| | Clause 93, page 64, line 16, at end insert— |
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| | | ‘( ) | The Secretary of State must publish any guidance issued under subsection |
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| | Clause 93, page 64, line 22, at end insert— |
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| | | ‘“out-of-court disposal process” means the process by which a person is |
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| | | dealt with under section 94 or by means of a conditional caution or youth |
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| | | Functions of Scottish Ministers under Firearms Acts |
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| | To move the following Clause:— |
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| | | ‘(1) | In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)— |
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| | | (a) | in subsections (1) and (1A), for the words between “commits an offence |
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| | | if,” and “, he has in his possession” there is substituted “without |
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| | | (b) | in subsection (4), for the words from the beginning to “the Scottish |
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| | | Ministers” there is substituted “An authority shall be subject to |
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| | | conditions specified in it, including such as the Secretary of State or the |
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| | | Scottish Ministers (as appropriate)”; |
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| | | (c) | in subsection (6), for the words before “revoke an authority” there is |
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| | | substituted “The Secretary of State or the Scottish Ministers (as |
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| | | appropriate) may at any time, if they think fit,”. |
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| | | (2) | In section 5A of that Act (exemptions from requirement of authority under |
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| | | (a) | in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the |
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| | | Scottish Ministers (by virtue of provision made under section 63 of the |
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| | | Scotland Act 1998)” there is substituted “or the Scottish Ministers”; |
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| | | (b) | in subsection (6), for the words after “without the authority of the |
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| | | Secretary of State” there is substituted “or the Scottish Ministers (as |
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| | | |
| | | (3) | In the Firearms (Amendment) Act 1997— |
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| | | (a) | in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small |
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| | | firearms etc), for “The authority of the Secretary of State or the Scottish |
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| | | Ministers (by virtue of provision made under section 63 of the Scotland |
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| | | Act 1998)” there is substituted “The authority of the Secretary of State or |
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| | | (b) | in section 7(3), for the words “or the Scottish Ministers (by virtue of |
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| | | provision made under section 63 of the Scotland Act 1998)”, in the first |
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| | | place where they occur, there is substituted “or the Scottish Ministers”. |
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| | | (4) | In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) |
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| | | Order 1999 (S.I. 1999/1750)— |
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| | | (a) | in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and” |
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| | | |
| | | (b) | in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are |
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| | | Negatived on division NC4 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Firearms Act 1968 is amended as follows. |
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| | | (2) | After section 28A (Certificates: supplementary) insert— |
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| | | “28B | Assessing public safety |
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| | | (1) | When assessing the threat to public safety under sections 27, 28, 30A, |
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| | | 30B or 30C the Chief Police Officer must ensure that a range of |
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| | | background checks are performed. |
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| | | (2) | Where these checks uncover substantiated evidence of violent conduct, |
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| | | domestic violence, mental illness or drug or alcohol abuse, the |
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| | | presumption is that the Chief Police Officer should refuse the licence |
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| | | application unless exceptional evidence can be brought forward by the |
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| | | applicant as to their suitability to possess a weapon. |
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| | | (3) | When assessing public safety within this section the Chief Police Officer |
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| | | must follow any guidance issued by the Secretary of State.”. |
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| | | (3) | Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) |
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| | | |
| | | (4) | After subsection (1) insert— |
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| | | “(1A) | Before making an order under this section the Secretary of State must |
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| | | consult with chief police officers to ensure the level of fees collected by |
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| | | the police under sections 32 and 35 are appropriate after considering the |
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| | | costs they incur through the administration and assessment of firearms’ |
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| | | licences made under this Act.”.’. |
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| | |
| | |
| | | |
| | Clause 100, page 71, line 37, leave out ‘follows’ and insert ‘set out in subsections |
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| | Clause 100, page 72, line 2, leave out from ‘without’ to end of line at line 4 and |
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| | |
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| | Clause 100, page 72, line 12, at end insert— |
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| | | ‘( ) | For subsection (3) of that section there is substituted— |
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| | | “(3) | In this section “authority” means an authority given in writing by— |
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| | | (a) | the Secretary of State (in or as regards England and Wales), or |
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| | | (b) | the Scottish Ministers (in or as regards Scotland).”’. |
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| | |
| | | |
| | Clause 100, page 72, line 12, at end insert— |
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| | | ‘( ) | In section 5A (exemptions from requirement of authority under section 5)— |
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| | | (a) | in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) |
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| | | |
| | | (b) | in subsections (1) and (3), for “any prohibited weapon or ammunition” |
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| | | there is substituted “any weapon, ammunition or missile specified in |
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| | | subsection (1A) of that section”.’. |
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| | |
| | | |
| | Clause 100, page 72, line 30, at end insert— |
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| | | ‘( ) | In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the |
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| | | 1968 Act to prohibit certain small firearms etc), after subsection (7) there is |
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| | | |
| | | “(7A) | In sections 2 to 7 below any reference to subsection (1)(aba) of section 5 |
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| | | of the 1968 Act shall include a reference to subsection (2A) of that |
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| | | section as it applies in relation to a firearm specified in subsection |
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| | | (1)(aba) of that section. |
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| | | (7B) | In section 8 below the reference to subsection (1)(aba), (b) or (c) of |
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| | | section 5 of the 1968 Act shall include a reference to subsection (2A) of |
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| | | that section as it applies in relation to any weapon or ammunition |
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| | | specified in subsection (1)(aba), (b) or (c) of that section.”’. |
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| | | Bill to be further considered tomorrow. |
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|
