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| Schedule 2, page 50, line 11, after ‘realisation’, insert ‘or management or |
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| Schedule 2, page 51, line 10, at end insert— |
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| | ‘(14A) | A term (including those within the scope of paragraph 22 of this Schedule) which |
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| | has the object or effect of permitting a trader to increase the price of, or alter |
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| | unilaterally any characteristics of goods, digital content or services during any |
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| | minimum contract period or before the end of a contract of a specified duration |
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| | without a valid reason or where it is reasonably foreseeable that the consumer |
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| | would not be free to dissolve the contract without being disadvantaged.’. |
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| Schedule 2, page 51, line 37, at end insert— |
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| | ‘(21) | A term which requires a consumer to pay a charge for or be liable for an element |
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| | of a good or service that another party has also been charged for in the course of |
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| | |
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| Schedule 2, page 51, line 37, at end insert— |
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| | ‘(22) | A term which seeks to restrict the ability of a consumer to access information to |
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| | enable them to ascertain whether the contract they are being offered could |
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| | undermine their statutory rights.’. |
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| Schedule 2, page 51, line 37, at end insert— |
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| | ‘(23) | A term which has the object or effect of enabling a trader to increase the price of |
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| | the contract unilaterally without a valid reason and where the consumer is unable |
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| | |
| | (a) | enter into a new regulated mortgage contract or home purchase plan or |
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| | vary the terms of an existing regulated mortgage contract or home |
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| | purchase plan with the existing mortgage lender or home purchase |
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| | |
| | (b) | enter into a new regulated mortgage contract or home purchase plan with |
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| | a new mortgage lender or home purchase provider. |
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| | | The terms “regulated mortgage contract” and ‘home purchase plan’ have the |
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| | same meaning as in the Financial Services and Market Act 2000 (Regulated |
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| | Activities) Order 2001 as amended.’. |
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| Schedule 2, page 51, line 37, at end insert— |
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| | ‘(24) | If the contract is for a financial service, a term that directly causes financial |
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| | detriment to the consumer such that it can be seen to reasonably alter the capacity |
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| | of the consumer to pay the costs of the contract.’. |
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| Schedule 2, page 51, line 37, at end insert— |
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| | ‘(25) | Where the service provided is for an additional assistance service as set out in |
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| | section 51, a term providing for charges unless the original provider of the service |
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| | has approved this service and range of costs for its provision within which this |
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| | |
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| Schedule 2, page 52, line 17, at end add ‘, where the determination of whether a |
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| consumer is able to dissolve a contract in the case of contracts provided by any |
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| Government department or local or public authority shall be determined by whether a |
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| reasonable person would consider that dissolving the contract should be possible.’. |
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| Clause 64, page 37, line 19, leave out from ‘that’ to end of line 23 and insert ‘the |
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| assessment is of the appropriateness of the price payable under the contract by comparison |
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| with the goods, digital content or services supplied under it, but only where the price |
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| payable does not relate to future variable fees or charges payable under the contract.’. |
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| Clause 64, page 37, line 30, after ‘term’, insert ‘and it would form part of their |
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| Clause 64, page 37, line 32, after ‘circumspect’, insert ‘, taking into account social, |
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| cultural and linguistic factors.’. |
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| Clause 68, page 38, line 41, after ‘trader’, insert ‘, which for these purposes |
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| includes a provider of financial services,’. |
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| Clause 68, page 39, line 2, at end add— |
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| | ‘(3) | Whether that notice is a general statement of the consumer’s legal rights or |
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| | specifically with regard to the obtaining of legal advice or assistance by an injured |
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| | consumer it shall be drafted by and shall only recommend or direct an injured |
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| | consumer to bodies that are wholly independent of the trader or anyone connected |
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| Clause 68, page 39, line 2, at end add— |
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| | ‘(3) | For the purposes of transparency, the Secretary of State shall report to Parliament |
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| | within three months of this legislation being enacted on how the Government |
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| | intends to ensure that all traders offering services on behalf of any Government |
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| | department or local or public authority shall ensure the consumer is able to access |
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| | information regarding any contract or contract notices which may reasonably be |
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| | understood to apply to them. This information shall be provided to the consumer |
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| | |
| | (a) | in a form which enables the consumer to assess whether the price being |
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| | paid for the service is reasonable; and |
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| | (b) | in such form as allows any government, local or public authority to use |
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| | this information to secure social and consumer benefits insofar as this |
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| | complies with existing date protection law. |
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| | (4) | The Secretary of State’s report shall include information on consumers’ rights to |
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| | access this data and how they may exercise their rights under this Act subject to |
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| | data protection legislation.’. |
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| | |
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| Clause 68, page 39, line 3, at end insert— |
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| | ‘(3) | For the purposes of transparency, the Secretary of State shall report to Parliament |
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| | within three months of this Act receiving Royal Assent on how the Government |
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| | intends to ensure that salient, non-commercially sensitive information is |
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| | published on all contracts offering services on behalf of any Government |
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| | department or local or public authority.’. |
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| Schedule 3, page 53, line 1, at end add— |
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| | ‘(1A) | For the purposes of this Schedule, consumer notices shall include any conduct |
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| | by a trader which may reasonably be considered to breach the capacity of a |
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| | consumer to exercise their rights in entering or maintaining a contract.’. |
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| Schedule 3, page 55, line 10, at end insert ‘The CMA shall publish an annual |
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| assessment of the extent of consumer detriment caused by the use of unfair contract terms |
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| as defined in this legislation, including detriment unknown to the consumer.’. |
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| |
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| Schedule 5, page 65, line 13, after ‘under’, insert ‘—(a)’. |
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| | Member’s explanatory statement
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| | This amendment and amendments 77 to 86 reflect the fact that enforcement action is sometimes |
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| | taken under legislation under which the enforcer’s legislation is made, not under the enforcer’s |
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| | legislation itself. For example, a breach of safety regulations under the Consumer Protection Act |
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| | 1987 is an offence under that Act not the regulations. |
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| |
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| Schedule 5, page 65, line 14, at end insert ‘, or |
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| | (b) | legislation under which the enforcer’s legislation is made.’. |
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| | Member’s explanatory statement
|
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
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| Schedule 5, page 74, line 37, leave out subsections (3) to (5).’. |
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| Schedule 5, page 84, line 9, leave out ‘under that legislation’ and insert ‘by the |
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| |
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 84, line 10, leave out ‘under the enforcer’s legislation’ and insert |
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| |
| | Member’s explanatory statement
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|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 87, line 7, after ‘enforce’, insert— |
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| | ‘(ca) | legislation under which legislation mentioned in paragraph (c) is made,’. |
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| | Member’s explanatory statement
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| | The explanatory statement for amendment 76 also applies to this amendment. |
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| Schedule 5, page 87, line 28, at end add— |
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| | ‘(8) | The Government shall within three months of this Act receiving Royal Assent |
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| | produce a report on the benefits of a local enforcer being able to exercise the |
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| | following powers to protect consumers— |
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| | (a) | the issuing of Stop Now Order Regulations (as statutorily defined) for |
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| | traders who persistently cause consumer detriment within a local area; |
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| | (b) | procedures to enable the disclosure to consumers and other interested |
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| | parties without legal liability of complaints they have received |
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| | regarding traders in the following circumstances— |
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| | (i) | where a consumer has consented to their contract details and |
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| | the nature of their complaint being shared with others who |
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| | wish to raise concerns about a trader; and |
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| | (ii) | where the local enforcer considers the behaviour of the trader |
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| | to have breached consumer protection regulations and it is in |
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| | the public interest for their conduct to be known.’. |
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| |
| | |
| Schedule 5, page 87, line 36, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | |
| | Member’s explanatory statement
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|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 87, line 42, after ‘(a)’, insert ‘, (aa)’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 88, line 7, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | |
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 88, line 9, after ‘(a)’, insert ‘ or (aa)’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| | |
| Schedule 5, page 88, line 17, at end insert— |
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| | ‘(aa) | an offence under legislation under which legislation within paragraph (a) |
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| | |
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| |
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| |
| | |
| Schedule 5, page 88, line 19, after ‘(a)’, insert ‘ or (aa)’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 76 also applies to this amendment. |
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| |
| |
| | |
| Schedule 6, page 92, line 17, at end insert— |
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| | ‘44A | In section 44(4) (service of documents)— |
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| | |
| | (b) | omit “purchased or” in each place.’. |
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| | Member’s explanatory statement
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|
| | This amendment makes a consequential amendment to section 44(4) of the Consumer Protection |
|
| | Act 1987 which is necessary following the repeal of section 28 of that Act by the Bill. |
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| |
| | |
| Schedule 6, page 95, line 5, leave out ‘(h),’. |
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| | Member’s explanatory statement
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| | This amendment modifies the amendments to the Criminal Justice and Police Act 2001 following |
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| | the proposal to retain specific powers within section 29(4) of the Consumer Protection Act 1987 |
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| | and regulation 22(4) of the General Product Safety Regulations 2005. Those specific powers will |
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| | now be carved out of the repeals in the 2001 Act. |
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| |
| | |
| Schedule 6, page 95, line 5, leave out ‘(o),’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 95, line 5, at end insert— |
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| | ‘(aa) | in paragraph (h) for “29” substitute “29(4)”, |
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| | (ab) | in paragraph (o) for “22” substitute “22(4)”,’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 95, line 34, leave out paragraph (g). |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| |
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| |
| | |
| Schedule 6, page 95, line 36, leave out ‘first and second paragraphs’ and insert |
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| |
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 95, line 40, at end insert— |
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| | ‘(2A) | In paragraph 45 for “29(4), (5) and (6)” substitute “29(4)”. |
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| | (2B) | In the second paragraph 73G for “22(4) to (6)” substitute “22(4)”.’. |
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| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 96, line 2, leave out ‘3, 4A,’. |
|
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 96, line 2, leave out ‘8, 9A,’. |
|
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. |
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| |
| | |
| Schedule 6, page 96, line 2, at end insert— |
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| | ‘(2A) | In paragraph 3 for “29” in each place substitute “29(4)”. |
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| | |
| | (a) | for “23” substitute “22(4)”, and |
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| | (b) | for “22” substitute “22(4)”. |
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| | (2C) | In paragraph 8 for “29” in each place substitute “29(4)”. |
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| | |
| | (a) | for the first “22” substitute “22(4)”, and |
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| | (b) | for “products under regulations 22 of those Regulations.” substitute |
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| | “those items, as it applies to the seizure and detention of products |
|
| | under regulation 22(4) of those Regulations.”’. |
|
| | Member’s explanatory statement
|
|
| | The explanatory statement for amendment 88 also applies to this amendment. This amendment also |
|
| | makes changes to remedy pre-existing errors in paragraphs 4A and 9A of Schedule 2 to the Crim |
|
| | inal Justice and Police Act 2001 |
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| |
| | |
| Schedule 6, page 97, line 11, at end insert— |
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| | ‘Fireworks Act 2003 (c. 22) |
|
| | 79A(1) | Section 12 of the Fireworks Act 2003 (enforcement) is amended as follows. |
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|