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| | | (d) | set out the arrangements for the provision of support services for persons |
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| | | discharging duties as a child trafficking advocate; and |
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| | | (e) | designate organisations as a “recognised charitable organisation” for the |
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| | | |
| | | (11) | A person’s appointment as a child trafficking advocate for a particular child under |
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| | | this section shall come to an end if— |
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| | | (a) | the child reaches the age of 21; or |
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| | | (b) | a durable solution for the child has been found based on an individual |
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| | | assessment of the best interests of the child.” |
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| | |
| | | |
| | Clause 43, page 30, line 20, at end insert— |
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| | | “(4A) | A person exercising the functions of a child trafficking advocate in relation to a |
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| | | child must act in the child’s best interests.” |
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| | | Member’s explanatory statement
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| | | This amendment places a duty on any person exercising the functions of a child trafficking |
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| | | advocate to act in the child’s best interests. |
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| | 
| Clause 43, page 30, line 20, at end insert— |
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| | | ‘(e) | for child trafficking advocates to assist the child to obtain legal or other |
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| | | advice, assistance and representation, including (whether necessary) the |
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| | | appointment and instructing of legal representatives to act on behalf of |
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| | | the child in their best interests; and |
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| | | (f) | to require any person or body providing services or taking administrative |
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| | | decisions in relation to a child for whom a child trafficking advocate has |
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| | | been appointed to recognise, and pay due regard to, the functions of the |
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| | | child trafficking advocate and (to the extent otherwise permitted by law) |
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| | | provide the child trafficking advocate with access to such information |
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| | | relating to the child as will enable the child trafficking advocate to carry |
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| | | out his or her functions effectively.” |
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| | |
| | |
| | | |
| | Clause 47, page 32, leave out line 5 |
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| | | Member’s explanatory statement
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| | | This amendment extends the definition of a “public authority” to mean any public authority in the |
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| | | UK within the meaning of section 6 of the Human Rights Act 1998 (other than a court or tribunal). |
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| | | |
| | Clause 49, page 32, line 18, after “regulations” insert “made by the Secretary of |
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| | |
| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 57 and reflects the fact that the Bill now contains |
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| | | powers for the Secretary of State, Scottish Ministers and the Department of Justice in Northern |
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| | | Ireland to make secondary legislation. |
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| | |
| | | |
| | Clause 49, page 32, line 29, at end insert— |
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| | | “( ) | regulations under section (Transparency in supply chains etc)(2);” |
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| | | Member’s explanatory statement
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| | | This amendment specifies that regulations under subsection (2)(b) of New Clause NC11, which |
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| | | will specify the total turnover required for that clause to apply to a commercial organisation, will |
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| | | be subject to the affirmative resolution procedure. |
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| | |
| | | |
| | Clause 49, page 32, line 31, at end insert— |
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| | | “( ) | Regulations made by the Scottish Ministers under section 39 are subject to the |
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| | | |
| | | ( ) | The power of the Department of Justice in Northern Ireland to make regulations |
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| | | under section 39 is exercisable by statutory rule for the purposes of the Statutory |
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| | | Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). |
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| | | ( ) | Regulations made by the Department of Justice in Northern Ireland under section |
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| | | 39 are subject to negative resolution (within the meaning of section 41(6) of the |
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| | | Interpretation (Northern Ireland) Act 1954 (c. 33 (N.I.))).” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 57 and specifies the relevant legislative |
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| | | procedure for secondary legislation made by the Scottish Ministers and the Department for Justice |
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| | | |
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| | | |
| | Clause 49, page 32, line 32, leave out “by the Secretary of State” |
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| | | Member’s explanatory statement
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| | | This amendment is consequential on amendment 57. |
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| | |
| | |
| | | |
| | Clause 51, page 33, line 4, leave out “This Act extends” and insert “Parts 1, 2 and |
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| | |
| | | Member’s explanatory statement
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| | | This amendment limits the Parts of the Bill that extend to England and Wales only to Parts 1 |
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| | | (offences), 2 (prevention orders) and 4 (protection of victims). This is subject to amendments |
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| | | generally having the same extent as the provision amended. |
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| | |
| | | |
| | Clause 51, page 33, line 4, at end insert— |
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| | | “( ) | Part 2A extends as follows— |
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| | | (a) | section (Enforcement powers in relation to ships) extends to England and |
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| | | |
| | | (b) | section (Enforcement powers in relation to ships: Scotland) extends to |
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| | | |
| | | (c) | section (Enforcement powers in relation to ships: Northern Ireland) |
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| | | extends to Northern Ireland only; |
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| | | (d) | sections (Hot pursuit of ships in United Kingdom waters) and |
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| | | (Interpretation of Part 2A), and Schedule 1, extend to England and |
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| | | Wales, Scotland and Northern Ireland.” |
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| | | Member’s explanatory statement
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| | | This amendment provides for the extent of the new Part 2A. |
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| | |
| | | |
| | Clause 51, page 33, line 4, at end insert— |
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| | | “( ) | Parts 3, 4A and 5 extend to England and Wales, Scotland and Northern Ireland, |
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| | | subject to subsections (2) and (3).” |
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| | | Member’s explanatory statement
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| | | This amendment provides that Parts 3 (Anti-slavery Commissioner), 4A (which is expected to |
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| | | consist of New Clause NC11) and 5 (final provisions) will extend to England and Wales, Scotland |
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| | | and Northern Ireland (subject to amendments generally having the same extent as the provision |
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| | | |
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| | | |
| | | Clause 52, page 33, line 19, leave out “and (3)” and insert “, (3) and (4)”. |
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| | |
| | | |
| | | Clause 52, page 33, line 21, at end insert— |
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| | | “(3) | Section 40 shall come into force on a day to be appointed, that day being no |
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| | | earlier than the day on which an order made by the Lord Chancellor under section |
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| | | 9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in |
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| | | respect of civil legal services for victims of slavery and victims of human |
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| | | trafficking comes into effect.” |
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| | | Member’s explanatory statement
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| | | This amendment ensures that until an order made by the Lord Chancellor regarding the provision |
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| | | of civil legal aid for victims of slavery or human trafficking comes into effect, the Anti-Slavery |
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| | | Commissioner will be able to exercise its functions in relation to individual cases. |
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| | |
| | | |
| | Clause 52, page 33, line 23, at end insert— |
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| | | “( ) | Before making regulations bringing into force any of the provisions of Part 2A, |
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| | | the Secretary of State must consult— |
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| | | (a) | the Scottish Ministers, so far as the provisions extend to Scotland; |
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| | |
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| | | (b) | the Department of Justice in Northern Ireland, so far as the provisions |
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| | | extend to Northern Ireland.” |
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| | | Member’s explanatory statement
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| | | This amendment requires the Secretary of State to consult devolved administrations before |
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| | | commencing provisions of the new Part 2A that extend to those administrations. |
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| | |
| | | |
| | Clause 52, page 33, line 23, at end insert— |
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| | | “(3A) | The Secretary of State may not make regulations under subsection (1) bringing |
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| | | section 43(1) to (4A) (or any part of it) into force before the end of the period of |
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| | | 9 months beginning with the day on which this Act is passed. |
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| | | (3B) | After the end of that period— |
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| | | (a) | if a resolution is passed by each House of Parliament that section 43(1) |
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| | | to (4A) (or any part of it) should come into force, the Secretary of State |
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| | | must make regulations under subsection (1) bringing into force that |
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| | | section (or that part of it); |
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| | | (b) | the Secretary of State may not make regulations under subsection (1) |
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| | | bringing into force section 43(1) to (4A) (or any part of it) unless required |
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| | | to do so by paragraph (a). |
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| | | (3C) | Regulations made by virtue of subsection (3B)(a) must bring into force section |
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| | | 43(1) to (4A) (or the part of it specified in the resolutions) before the end of the |
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| | | period of one month beginning with the day on which the resolutions are passed |
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| | | (or, if they are passed on different days, the day on which the later of them is |
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| | | |
| | | Member’s explanatory statement
|
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| | | This amendment ensures that the Secretary of State must commence the duty to introduce child |
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| | | trafficking advocates in response to resolutions passed by both Houses of Parliament. These |
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| | | resolutions can only be passed after 9 months from Royal Assent, to give time for the child |
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| | | trafficking advocates trial to finish. |
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| | |
| | |
| | | |
| | Schedule 1, page 34, line 5, after “This” insert “Part of this” |
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| | |
| | | |
| | Schedule 1, page 34, line 5, after “by” insert “English and Welsh constables and” |
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| | |
| | | |
| | Schedule 1, page 34, line 6, at end insert “and (Hot pursuit of ships in United |
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| | |
| | | Member’s explanatory statement
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| | | This amendment is consequential on the powers conferred under subsection (1) of New Clause |
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| | | |
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| | | |
| | Schedule 1, page 34, line 7, after “In” insert “this Part of” |
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| | Schedule 1, page 34, line 11, at beginning insert “Part of this” |
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| | |
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| | Schedule 1, page 34, line 13, after “if” insert “an English and Welsh constable or” |
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| | |
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| | Schedule 1, page 34, line 19, after “The” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 34, line 25, after “before” insert “a constable or” |
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| | |
| | | |
| | Schedule 1, page 34, line 27, leave out “England and Wales” and insert “the United |
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| | |
| | | Member’s explanatory statement
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| | | This amendment reflects the fact that enforcement powers in relation to ships have been amended |
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| | | |
| | |
| | | |
| | Schedule 1, page 34, line 29, after “State” insert “or relevant territory” |
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| | | Member’s explanatory statement
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| | | This amendment ensures that the Secretary of State can only give authority for a ship to be diverted |
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| | | to a port within a relevant territory where that relevant territory is willing to receive the ship. |
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| | |
| | | |
| | Schedule 1, page 34, line 30, after first “the” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 34, line 31, after first “the” insert “constable or enforcement” |
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| | |
| | | |
| | Schedule 1, page 34, line 32, after “home state” insert “or relevant territory” |
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| | | Member’s explanatory statement
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| | | This amendment, together with amendments 83 and 84, is consequential on amendment 8. |
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| | |
| | | |
| | Schedule 1, page 34, line 33, after “home state” insert “or relevant territory” |
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| | Schedule 1, page 34, line 33, after “State” insert “or relevant territory” |
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| | Schedule 1, page 34, line 34, after “The” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 35, line 1, at beginning insert “A constable or” |
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| | Schedule 1, page 35, line 4, after “by” insert “a constable or” |
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| | | |
| | Schedule 1, page 35, line 7, after “if” insert “an English and Welsh constable or” |
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| | |
| | | |
| | Schedule 1, page 35, line 13, after “The” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 35, line 17, after “The” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 35, line 23, after “authorise” insert “a constable or” |
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| | Schedule 1, page 35, line 26, after “(3)” insert “a constable or” |
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| | |
| | | |
| | Schedule 1, page 35, line 30, after “the” insert “constable or enforcement” |
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| | | |
| | Schedule 1, page 35, line 34, at beginning insert “constable or enforcement” |
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| | | |
| | Schedule 1, page 35, line 42, after “if” insert “an English and Welsh constable or” |
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| | |
| | | |
| | Schedule 1, page 36, line 1, after “The” insert “constable or” |
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| | | |
| | Schedule 1, page 36, line 2, at beginning insert “constable or” |
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| | Schedule 1, page 36, line 3, after “The” insert “constable or” |
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| | | |
| | Schedule 1, page 36, line 4, after first “the” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 36, line 5, after “the” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 36, line 9, after “by” insert “English and Welsh constables and” |
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| | |
| | | |
| | Schedule 1, page 36, line 14, after first “of” insert “a constable or” |
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| | |
| | | |
| | Schedule 1, page 36, line 15, after “the” insert “constable or” |
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| | |
| | | |
| | Schedule 1, page 36, line 35, after “An” insert “English and Welsh constable or an” |
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| | Schedule 1, page 36, line 38, after first “the” insert “constable or” |
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| | | |
| | Schedule 1, page 36, line 38, after “this” insert “Part of this” |
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| | Schedule 1, page 36, line 39, after “accompanying” insert “a constable or” |
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| | | |
| | Schedule 1, page 36, line 40, after “the” insert “constable’s or” |
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| | | |
| | Schedule 1, page 36, line 40, after “this” insert “Part of this” |
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| | | |
| | Schedule 1, page 36, line 41, after “the” insert “constable’s or” |
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|
