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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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| | This document includes all amendments remaining before the Committee and |
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| | includes any withdrawn amendments at the end. The amendments have been |
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| | arranged in accordance with the Order of the Committee [20 October 2015]. |
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| Page 34, line 3, leave out Clause 31 |
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| | Member’s explanatory statement
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| | To remove an extension of “deport first, appeal later provisions” to include all human rights |
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| Page 32, line 20, leave out Clause 32 |
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| | Member’s explanatory statement
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| | To ensure there is provision for administrative review where a person’s leave is curtailed or |
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| Schedule 6, page 90, leave out lines 28 to 30 and insert— |
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| | “(i) | in subsection (2A) for “accommodation” each time it occurs |
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| | substitute “support” and for “section 4” each time it occurs |
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| | substitute “section 95A”, and |
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| | (ii) | in subsections (6) and (7), for “section 4 or 95” substitute |
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| | “section 95 or section 95A”” |
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| | Member’s explanatory statement
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| | To provide a right of appeal against decisions of the Home Office to refuse or discontinue support |
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| | under new section 95A for asylum seekers at the end of the process who are unable to leave the UK. |
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| Schedule 6, page 91, line 2, after “(2)” insert “, (5), (6)” |
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| | Member’s explanatory statement
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| | This is a minor and technical amendment. It is consequential on the repeal of section 4 of the |
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| | Immigration and Asylum Act 1999. Section 43(5) and (6) of the Immigration, Asylum and |
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| | Nationality Act 2006 contain provision about tenancies granted to provide accommodation under |
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| | section 4 of the 1999 Act. |
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| Schedule 6, page 91, line 7, at end insert— |
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| | “(2A) | Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding |
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| | and withdrawal of support) is amended as follows. |
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| | (a) | in paragraph 6(1), after “person” insert “who entered the |
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| | United Kingdom as an adult” |
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| | (b) | in paragraph 7, after “person” insert “who entered the |
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| | United Kingdom as an adult”” |
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| | Member’s explanatory statement
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| | To ensure that all care leavers—including young asylum-seekers and migrants who came to the |
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| | UK as children—are given the support they need while they are in the UK by amending Schedule |
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| | 3 of the Nationality, Immigration and Asylum Act 2002 so it does not apply to people who initially |
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| | came to the UK as children. It will not create an automatic right to support but make sure that a |
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| | young person is not discriminated against on the basis of his or her immigration status. |
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| Schedule 6, page 91, line 37, leave out “before the end of such period as may be |
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| | Member’s explanatory statement
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| | To remove provision for a period to be prescribed in regulations, made under section 94(3) of the |
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| | Immigration and Asylum Act 1999, during which an individual may be left destitute before |
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| | qualifying for section 95 support on the basis of having lodged “further qualifying submissions”. |
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| Schedule 6, page 92, line 6, leave out from “, or” to end of line 8 |
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| | Member’s explanatory statement
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| | To prevent section 95 support from terminating immediately on notification of a decision on |
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| | further qualifying submissions if no period for support terminating is prescribed in regulations |
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| | made under section 94(3) of the Immigration and Asylum Act 1999. |
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| Schedule 6, page 92, line 41, leave out “VI”” and insert “VI and section 141”” |
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| | Member’s explanatory statement
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| | This is a minor and technical amendment. Paragraph 4(c) of Schedule 6 amends section 167 of the |
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| | Immigration and Asylum Act 1999 to remove the reference to Part VI, as the term “claim for |
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| | asylum” will no longer occur in that Part. The same change is needed in respect of section 141 of |
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| Schedule 6, page 93, line 37, leave out sub-paragraph (5) |
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| | Member’s explanatory statement
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| | To allow destitute refused asylum seeking families to continue receiving basic support (just over |
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| | £5 a day for their essential living needs with housing provided for those with nowhere to live) until |
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| | their case is finally concluded, as is currently the case. This aims to protect vulnerable children |
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| | from being left destitute; ensure immigration controls are not undermined because the Home |
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| | Office has lost contact with families who are appeal rights exhausted; and to avoid a substantial |
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| | transfer of costs to local authorities. |
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| Schedule 6, page 93, line 38, leave out from “provided)” to end of line 39, and |
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| | “(a) | the heading becomes “Support for asylum-seekers, etc”, and |
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| | (b) | insert after subsection (8)— |
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| | “(8A) | The weekly cash payment set out in Regulation 2(2) of the |
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| | Asylum Support (Amendment No.3) Regulations 2015 No. |
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| | 1501 for each individual is increased to no less than 60% of |
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| | the rate of Income Support payable to single adults aged 25 |
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| | To ensure asylum seekers have the support they need to pay for food, clothing, toiletries, travel and |
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| | other necessities and thereby try to help ensure that they can properly meet their essential living |
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| | needs and pursue their asylum applications. The amendment works by amending section 95 of the |
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| | Immigration and Asylum Act 1999 which is the overarching section under which support for |
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| | person seeking asylum is provided. |
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| Schedule 6, page 96, line 4, at end insert— |
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| | “( ) | After subsection (7) insert— |
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| | “(8) | A tenancy is not a Scottish secure tenancy (within the meaning of the |
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| | Housing (Scotland) Act 2001 (asp 10)) if it is granted in order to |
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| | provide accommodation under section 95A. |
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| | (9) | A tenancy which would be a Scottish secure tenancy but for subsection |
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| | (8) becomes a Scottish secure tenancy if the landlord notifies the |
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| | tenant that it is to be regarded as such.”” |
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| | Member’s explanatory statement
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| | This is a minor and technical amendment. Under housing law in Scotland, those supported under |
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| | section 4 of the Immigration and Asylum Act 1999 are not treated as though they have a secure |
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| | tenancy. The amendment ensures that the same applies to those supported under the new section |
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| Schedule 6, page 98, line 15, leave out from beginning to “Omit” in line 21 and |
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| insert “In the Immigration, Asylum and Nationality Act 2006,” |
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| | Member’s explanatory statement
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| | This is a minor and technical amendment, consequential on amendment 96. |
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| Schedule 6, page 100, line 16, at end insert— |
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| | “(43A) | The Immigration Act 1971 is amended as follows. |
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| | (43B) | After section 3(9) (general provisions for regulation and control) insert— |
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| | “(10) | In making rules under subsection (2), the Secretary of State must |
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| | have regard to the following. |
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| | (11) | Rules must provide for persons seeking asylum, within the meaning |
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| | of the rules, to apply to the Secretary of State for permission to take |
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| | up employment and that permission must be granted if— |
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| | (a) | a decision has not been taken on the applicant’s asylum |
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| | application within six months of the date on which it was |
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| | (b) | an individual makes further submissions which raise |
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| | asylum grounds and a decision on that fresh claim or to |
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| | refuse to treat such further submissions as a fresh claim has |
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| | not been taken within six months of the date on which they |
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| | (12) | Permission for a person seeking asylum to take up employment |
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| | shall be on terms no less favourable than those upon which |
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| | permission is granted to a person recognised as a refugee to take up |
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| | This proposed amendment would provide for asylum seekers to be able to work if their claim is not |
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| | determined within the Home Office target time of six months. |
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| Schedule 6, page 100, line 31, at end insert “, and |
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| | ( ) | any dependant of a person within paragraph (a), (b) or (c).” |
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| | Member’s explanatory statement
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| | The amendment ensures that the transitional arrangements allowing certain persons to continue |
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| | to be supported under section 4 of the Immigration and Asylum Act 1999 also apply to their |
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| Schedule 6, page 100, line 38, at end insert— |
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| | “( ) | On and after the day on which paragraphs 1 and 2 come into force, section 4 |
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| | of the Immigration and Asylum Act 1999 has effect in relation to persons |
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| | within sub-paragraph (1) as if in subsection (11)(b) the word “not” were |
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| | This amendment provides the flexibility to provide in regulations for those who continue to be |
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| | supported under section 4 of the Immigration and Asylum Act 1999 under the transitional |
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| | arrangements to receive support in the form of cash or vouchers. |
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| Schedule 6, page 100, line 38, at end insert— |
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| | “( ) | In this paragraph “dependant” has the same meaning as in Part 6 of the |
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| | Immigration and Asylum Act 1999 (see section 94 of that Act).” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 100. |
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| Schedule 6, page 101, line 5, at end insert “, and |
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| | ( ) | any dependant of a person within paragraph (a), (b) or (c).” |
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| | Member’s explanatory statement
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| | The amendment ensures that the transitional arrangements allowing certain failed asylum-seekers |
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| | to continue to be supported under section 95 of the Immigration and Asylum Act 1999 also apply |
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| Schedule 6, page 101, line 11, at end insert— |
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| | “( ) | In this paragraph “dependant” has the same meaning as in Part 6 of the |
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| | Immigration and Asylum Act 1999 (see section 94 of that Act).” |
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| | Member’s explanatory statement
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| | This amendment is consequential on amendment 103. |
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| Schedule 8, page 107, line 34, leave out sub-paragraphs (ii) and (iii) |
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| | Member’s explanatory statement
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| | This amendment makes minor drafting changes by omitting the unnecessary alterations to the |
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| | conjunctions in section 25B(3) Immigration Act 1971. |
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| Schedule 8, page 108, line 9, leave out “28A” and insert “28A(3)” |
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| | Member’s explanatory statement
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| | This minor amendment substitutes “28A” for “28A(3)” to correct the reference to which |
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| | paragraph requires amending. |
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| Schedule 8, page 109, line 26, after “before” insert “an immigration officer,” |
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| | Member’s explanatory statement
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| | This amendment ensures that immigration officers must seek authorisation from the Secretary of |
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| | State prior to exercising the maritime powers in relation to a foreign ship or a ship registered |
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| | under the law of a relevant territory, within UK territorial waters adjacent to Northern Ireland. |
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| | This aligns the provision with the equivalent provisions applicable to UK territorial waters |
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| | adjacent to England, Wales and Scotland. |
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| Schedule 8, page 111, leave out lines 21 to 24 |
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| | Member’s explanatory statement
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| | This amendment removes the superfluous definition of “home state” and has no substantive effect. |
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| Schedule 8, page 114, line 17, leave out “detain” and insert “retain” |
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| | Member’s explanatory statement
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| | This amendment and amendments 110 and 112 are minor drafting changes for consistency with |
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| | language used elsewhere in the Schedule and have no substantive effect. |
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| Schedule 8, page 118, line 40, leave out “detain” and insert “retain” |
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| | Member’s explanatory statement
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| | See the explanatory statement for amendment 109. |
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| Schedule 8, page 122, line 6, leave out “(in England and Wales or elsewhere)” and |
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| insert “in the United Kingdom” |
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| | Member’s explanatory statement
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| | This amendment is a minor drafting change for consistency with the language used in the |
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| | equivalent provisions for England, Wales and Scotland. |
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