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| given up to and including |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Amendments tabled since the last publication: NCs 20-25 |
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| | This document includes all remaining amendments and includes any withdrawn |
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| | amendments at the end. The amendments have been arranged in accordance with |
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| | the Order of the House [8 June 2015].
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| CLAUSES 12 TO 17, SCHEDULE 1, CLAUSE 18, NEW CLAUSES RELATING TO PART 2,
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| NEW SCHEDULES RELATING TO PART 2 |
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| Page 19, line 18, leave out Clause 16 |
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| | To move the following Clause— |
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| | | “Independent Commission on Full Fiscal Autonomy |
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| | (1) | The Secretary of State shall appoint a commission of between four and eleven |
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| | members to conduct an analysis of the impact of full fiscal autonomy on the |
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| | Scottish economy, labour market and public finances and to report by 31 March |
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| | (2) | No Member of the House of Commons or of the Scottish Parliament may be a |
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| | member of the commission. |
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| | (3) | No employee of the Scottish Government or of any government Department or |
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| | agency anywhere in the United Kingdom may be a member of the commission. |
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| | (4) | The Secretary of State shall appoint as members of the commission only persons |
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| | who appear to the Secretary of State to hold a relevant qualification or to have |
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| | (5) | The Secretary of State shall not appoint as a member of the commission any |
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| | person who is a member of a political party. |
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| | (6) | Before appointing any member of the commission, the Secretary of State must |
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| | (a) | the Chair of any select committee appointed by the House of Commons |
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| | to consider Scottish affairs, and |
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| | (b) | the Chair of any select committee appointed by the House of Commons |
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| | to examine the expenditure, administration and policy of Her Majesty’s |
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| | Treasury and its associated public bodies. |
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| | (7) | The Secretary of State may by regulations issue the commission with terms of |
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| | reference and guidelines for the commission’s working methods, including an |
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| | outline definition of the policy of full fiscal autonomy for the commission to |
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| | (8) | The Secretary of State must lay copies of the report of the commission before |
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| | both Houses of Parliament, and must transmit a copy of the report of the |
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| | commission to the presiding officer of the Scottish Parliament. |
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| | (9) | Regulations under this section must be made by statutory instrument, subject to |
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| | annulment in pursuance of a resolution of either House of Parliament.” |
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| | Member’s explanatory statement
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| | This New Clause requires the Secretary of State for Scotland to establish an independent |
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| | commission of external experts, appointed in consultation with the Treasury Select Committee and |
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| | Scottish Affairs Select Committee, to publish a report by 31 March 2016 setting out an analysis of |
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| | the policy of Full Fiscal Autonomy on the Scottish economy, labour market and public finances. |
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| To move the following Clause— |
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| | | “Review of operation of VAT refund schemes in Scotland |
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| | (1) | The Treasury shall, within six months of the day on which this Act is passed, |
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| | publish and lay before the House of Commons a review of the application of VAT |
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| | refund schemes for businesses in Scotland. |
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| | (2) | The review must include an analysis of the impact of the qualifying criteria for |
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| | (a) | in Section 33 of the VAT Act 1994, and |
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| | (b) | for Government Departments and the NHS, |
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| | | on the level of VAT payable by Police Scotland and by the Scottish Fire and |
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| | Member’s explanatory statement
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| | Following the amalgamation of the (formerly regional) Scottish fire and rescue services and |
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| | Scottish police forces into a single fire service (the Scottish Fire and Rescue Services) and a single |
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| | police force (Police Scotland) respectively, they are no longer eligible for VAT exemptions under |
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| | the VAT refund schemes mentioned. This amendment requires the Treasury to carry out and |
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| | publish a review of the schemes in Scotland, and in particular in relation to the level of VAT |
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| | payable by Police Scotland and the Scottish Fire and Rescue Services. |
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| To move the following Clause— |
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| | | “The Scottish Office of Budget Responsibility |
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| | (1) | Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) is amended |
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| | (2) | In Section A1 (fiscal, economic and monetary policy)— |
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| | (a) | For the heading “Exception” substitute “Exceptions”— |
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| | (b) | After that heading, insert— |
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| | “The creation of a body corporate, called The Scottish Officer for Budget |
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| | Responsibility, for the independent scrutiny of Scotland‘s public |
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| | finances, including all tax and spending in areas for which the Scottish |
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| | Government has legislative competence.”” |
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| | Member’s explanatory statement
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| | This New Clause would provide for the creation of a Scottish Office for Budget Responsibility to |
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| | exercise fiscal and budgetary oversight over Scottish Government competencies. The Smith |
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| | Commission recommended that the Scottish Parliament should seek to expand and strengthen the |
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| | independent scrutiny of Scotland’s public finances in recognition of the additional variability and |
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| | uncertainty that further tax and spending devolution will introduce into the budgeting process. |
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| To move the following Clause— |
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| | | “Local Discretionary Taxation |
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| | Individual local authorities in Scotland shall have the discretion to raise |
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| | additional income by levying a tax, in addition to Council Tax and Non-Domestic |
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| | Rates, on either residents, occupiers, property owners or visitors in the local |
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| | authority or within a discrete area of the local authority.” |
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| | Member’s explanatory statement
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| | The power will enable local authorities to introduce tax(es) without the need to seek approval from |
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| | Scottish Government, with the rates and reliefs being determined locally and the local authority |
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| | being both granted powers to ensure that those on which the tax is levied have a legal obligation |
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| | to pay and the local authority having the discretion to determine how the additional revenue is |
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| To move the following Clause— |
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| | (1) | The Secretary of State shall appoint a Tax and Economy Forum to conduct an |
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| | analysis of the impact of the changes in legislative and executive competence |
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| | resulting from this Act on the economy, labour market and public finances in |
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| | Scotland and in the other parts of the United Kingdom. |
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| | (2) | The Tax and Economy Forum may make recommendations for fiscal reforms |
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| | within England, to be considered by the Secretary of State.” |
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| | Member’s explanatory statement
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| | The new Clause would require the appointment of a Tax and Economy Forum to assess the impacts |
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| | of fiscal devolution proposed within this Bill on Scotland and on the rest of the United Kingdom. |
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| To move the following Clause— |
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| | | “UK Commission on fiscal powers |
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| | (1) | Within 6 months of the day on which this Act is passed, the Secretary of State |
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| | shall appoint a commission to examine the deployment of fiscal powers at local, |
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| | devolved and United Kingdom levels. |
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| | (2) | The commission shall comprise between 4 and 6 representatives of any of— |
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| | (a) | the Scottish Parliament, |
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| | (b) | the National Assembly for Wales, |
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| | (c) | the Northern Ireland Assembly |
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| | (d) | the Local Government Association |
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| | (e) | the House of Commons, and |
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| | (3) | The bodies mentioned in subsection (2) shall select their representatives in any |
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| | way they see fit and the chief executive or presiding officer of each of those |
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| | bodies shall inform the Secretary of State of the names of the representatives of |
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| | those bodies, which may replace their representatives whenever the body |
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| | concerned has determined to do so. |
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| | (4) | Subject to subsection (5), the commission may determine its own quorum and |
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| | methods of working and must publish a protocol setting out its own terms of |
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| | (5) | The commission shall keep the operation of fiscal powers under review, making |
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| | reports and recommendations as it deems appropriate. |
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| | Member’s explanatory statement
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| | The purpose of this New Clause is to ensure that there is proper consultation between the different |
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| | parts of the United Kingdom to ensure that new Scottish fiscal powers are deployed in a way that |
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| | does not undermine the cohesion of the UK. The proposed Commission could also make |
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| | recommendation regarding the future of devolved fiscal powers. |
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| CLAUSES 19 TO 30, NEW CLAUSES RELATING TO PART 3,
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| NEW SCHEDULES RELATING TO PART 3 |
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| Clause 19, page 21, line 28, after “employment”, insert— |
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| Clause 19, page 22, leave out lines 6 and 7 |
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| | Member’s explanatory statement
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| | Removes the word “short-term” in the clause devolving disability benefit. It is not clear what |
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| | “short-term” means in this context, how it will be defined or whom it may exclude from receiving |
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| Clause 19, page 22, line 45, leave out sub-paragraph (a). |
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| Clause 20, page 23, line 33, leave out “8” and insert “9” |
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| Clause 20, page 23, line 34, leave out “8” and insert “9” |
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| Clause 21, page 24, leave out lines 9 and 10 |
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| Clause 22, page 24, leave out lines 36 and 37 |
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| Clause 23, page 25, line 28, leave out “short term” |
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| Clause 23, page 25, line 39, leave out “occasional” |
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| Clause 23, page 25, line 45, at end add— |
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| | | A benefit not in existence at the relevant date provided entitlement to or the |
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| | purpose of the benefit is different from entitlement to or the purpose of any |
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| | (a) | in existence at the relevant date, |
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| | (b) | payable by or on behalf of a Minister of the Crown, and |
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| | (c) | otherwise a reserved benefit. |
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| | | For the purpose of this exception— |
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| | “the relevant date” means the date of introduction into Parliament of the Bill |
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| | that becomes the Scotland Act 2015; |
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| | “reserved benefit” means a benefit which is to any extent a reserved matter.” |
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| Clause 24, page 26, line 23, leave out paragraph (b) and insert— |
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| | “(b) | they have consulted the Secretary of State as to when any change made |
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| | by the regulations is to start to have effect.’ |
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| Clause 25, page 27, line 1, after second “of”, insert “the delivery mechanism for” |
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| Clause 25, page 27, line 3, leave out paragraph (b) and insert— |
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| | “(b) | they have consulted the Secretary of State as to when any change made |
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| | by the regulations is to start to have effect.’ |
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| Clause 26, page 27, line 29, leave out “where the assistance is for at least a year” |
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| | Member’s explanatory statement
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| | This would allow the provision of employment programmes where assistance is for less than a |
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| | year. The Scottish Government could develop support programmes for those who repeatedly move |
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| | in and out of short periods of work, or admit people to the Work Programme early. |
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| Clause 26, page 27, line 36, after “person”, insert “in conjunction with the local |
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| Clause 26, page 27, line 39, at end insert— |
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| | “(b) | provision of support for disabled persons in the form of non-repayable |
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| | payments to enable them to access employment, remain in employment, |
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| | or move into self-employment or start a business.” |
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| | Member’s explanatory statement
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| | This amendment provides for the devolution of the Access-to-work scheme. |
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