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LORDS AMENDMENTS TO THE
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EUROPEAN
PARLIAMENT (REPRESENTATION) BILL
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[The
page and line refer to HL Bill 29 as first printed for the Lords.]
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Before Clause 2
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1
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Insert the following new Clause—
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“References to changes under
Community law
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(1) In
this Part “change under Community law” (in relation to a change
in the
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number of MEPs to be elected for the
United Kingdom) means a change
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made by—
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(a) a
treaty provision that is part of the Community Treaties; or
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(b) any
provision of a Council Decision, or of any other instrument,
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made under a treaty provision that is
part of the Community
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Treaties.
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(2) In
this Part a reference to a treaty provision being part of the Community
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Treaties is to it being, or being included
in provisions which are, specified
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in section 1(2) of the European Communities
Act 1972 (c. 68) by virtue of an
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amendment made by an Act (whether passed
before or after this Act).
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(3) In
this Part “treaty” includes any international agreement (however
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described) and a protocol or annex
to a treaty or other international
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agreement.”
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Clause 4
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2
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Page 3, line 33, leave out subsections
(3) and (4) and insert—
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“(2A) An
order making an amendment to section 1 of the 2002 Act may be made
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before the provision making the relevant
change has entered into force.
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(2B) If
the relevant change is made by a provision of a treaty, an order making
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such an amendment may also be made
before that provision has become
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( 2 )
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part of the Community Treaties and,
if the treaty requires ratification,
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before it is ratified by the United
Kingdom.
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(2C) But
no amendment to section 1 of the 2002 Act may be made so as to come
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into force—
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(a) if
the relevant change is made by a provision mentioned in section
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(References
to changes in Community law)(1)(b), before that provision
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has entered into force; and
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(b) if
the relevant change is made by a treaty provision, before that
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provision has both entered into force
and become part of the
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Community Treaties.
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(2D) In
subsections (2A) to (2C) “the relevant change”, in relation
to an order
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under this section amending section
1 of the 2002 Act, means the change
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under Community law being implemented
by the order.”
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Clause 5
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3
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Page 3, line 40, at end insert—
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“(2A) Such
an order may make consequential, transitional or saving provision.
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(2B) Provision
made under subsection (2A) may modify any enactment.”
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Clause 9
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4
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Page 5, line 16, leave out “and
the Chief Minister” and insert “, the Chief Minister
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and the leader of each political
party represented in the House of Assembly”
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Clause 12
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5
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Page 6, line 37, leave out subsection
(5) and insert—
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“(5) Such
an order may not be made unless a draft of the order has been laid
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before and approved by a resolution
of each House of Parliament.
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(5A) Subsection
(5) does not apply to an order (not being an order which
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specifies the existing electoral region
to be combined with Gibraltar) if it
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appears to the Lord Chancellor that
by reason of urgency the order should
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be made without being approved in draft.
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(5B) Where
an order is made without being approved in draft, by virtue of
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subsection (5A)—
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(a) it
must be laid before Parliament after being made; and
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(b) if
it is not approved by a resolution of each House of Parliament
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within the period of 40 days after the
date on which it is made, the
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order shall cease to have effect at
the end of that period.”
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6
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Page 6, line 41, leave out “mentioned
in subsection (5)” and insert “which specifies
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the existing electoral region to
be combined with Gibraltar”
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7
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Page 7, line 1, leave out subsection
(7)
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Clause 13
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8
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Page 7, line 12, leave out subsections
(2) and (3) and insert—
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( 3 )
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“(2) The
Clerk of the House of Assembly of Gibraltar shall (by virtue of his
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office) be the European electoral registration
officer for Gibraltar.”
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Clause 16
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9
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Page 8, line 32, leave out “this
section” and insert “section 15”
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Clause 17
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10
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Page 9, line 25, leave out subsection
(4) and insert—
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“(4) Such
regulations may not be made unless a draft of the regulations has
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been laid before, and approved by a
resolution of, each House of
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Parliament.
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(5) Subsection
(4) does not apply to any regulations if it appears to the Lord
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Chancellor that by reason of urgency
the regulations should be made
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without being approved in draft.
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(6) Where
regulations are made without being approved in draft, by virtue of
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subsection (5)—
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(a) the
regulations must be laid before Parliament after being made;
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and
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(b) if
the regulations are not approved by a resolution of each House of
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Parliament within the period of 40 days
after the date on which it is
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made, the regulations shall cease to
have effect at the end of that
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period.”
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Clause 19
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11
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Page 10, line 5, leave out “appointed
under” and insert “(within the meaning of”
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12
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Page 10, line 7, leave out subsection
(4) and insert—
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“(4) In
subsection (7) for the words from “the council” to “must”
there is
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substituted—
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(a) in
the case of an electoral region other than the combined
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region,
the council of a relevant area falling wholly or partly
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within
that region; and
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(b) in
the case of the combined region, the council of a relevant
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area
falling wholly or partly within that region and the
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Government
of Gibraltar,
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must”.”
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Clause 20
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13
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Page 10, line 28, leave out subsection
(3) and insert—
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( 4 )
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“(3) In
section 13 of the 2002 Act (Parliamentary procedure for regulations and
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orders under that Act), after subsection
(3) there is inserted—
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“(3A) An
order under section 10(4A) may not be made unless a draft of
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the
order has been laid before, and approved by a resolution of,
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each
House of Parliament.
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(3B) Subsection
(3A) does not apply if it appears to the Lord Chancellor
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that
by reason of urgency the order should be made without being
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approved
in draft.
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(3C) Where
an order is made without being approved in draft, by virtue
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of
subsection (3A)—
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(a) it
must be laid before Parliament after being made; and
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(b) if
it is not approved by a resolution of each House of
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Parliament
within the period of 40 days after the date on
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which
it is made, the order shall cease to have effect at the
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end
of that period.””
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Clause 21
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14
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Page 10, leave out lines 38 to 42
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After Clause 21
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15
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Insert the following new Clause—
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“ Jurisdiction of courts
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(1) Without
prejudice to the generality of the power under which it is made,
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subordinate legislation to which this
section applies—
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(a) may
make provision for a judge of the Supreme Court of Gibraltar
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to be appointed as an additional judge
(with the two judges acting
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under section 123 of the Representation
of the People Act 1983 (c. 2)
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as applied for the purposes of European
Parliamentary elections)
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for the trial of an election petition
relating to the election of MEPs in
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the combined region; and
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(b) may,
for the purposes of such an election petition—
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(i) confer
the powers, jurisdiction and authority of a judge of
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the High Court on any Gibraltar judge
who is so appointed;
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and
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(ii) make
any other provision necessary to secure that a
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Gibraltar judge so appointed is treated
as if he were a judge
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of the High Court.
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(2) Without
prejudice to the generality of the power under which it is made,
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subordinate legislation to which this
section applies may—
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(a) confer
jurisdiction over any matter connected with the election of
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MEPs in the combined region on an election
court constituted
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under section 123 of the Representation
of the People Act 1983 (c. 2)
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(as applied for the purposes of European
Parliamentary elections);
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(b) confer
jurisdiction over any such matter (not being a matter within
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the jurisdiction of the election court)
on—
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(i) one
or more courts in the United Kingdom;
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( 5 )
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(ii) one
or more courts in Gibraltar (whether specified in the
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regulations or left to be determined
by or under the law of
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Gibraltar); or
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(iii) one
or more courts in the United Kingdom and one or more
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courts in Gibraltar.
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(3) This
section applies to—
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(a) an
order under section 11;
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(b) regulations
under section 16; and
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(c) regulations
under section 7 of the 2002 Act.”
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16
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Insert the following new Clause—
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“Effect of statutory powers
on capacity of Gibraltar legislature
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(1) The
capacity (apart from this Act) of the Gibraltar legislature to make law
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for Gibraltar is not affected by the
existence of a power under this Part or
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the 2002 Act to make subordinate legislation
extending to Gibraltar.
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(2) Subsection
(1) does not affect the operation of the Colonial Laws Validity
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Act 1865 (c. 63) in relation to subordinate
legislation made under such a
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power.”
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Clause 22
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17
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Page 11, line 16, leave out subsection
(3) and insert—
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“(3) Subordinate
legislation to which this subsection applies may make
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provision—
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(a) for
sums required to meet any expenditure (other than expenditure
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to be met from funds provided by Gibraltar)
to be—
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(i) paid
out of money provided by Parliament; or
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(ii) charged
on and paid out of the Consolidated Fund; and
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(b) for
the payment of sums into the Consolidated Fund.”
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Clause 24
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18
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Page 12, line 6, after first “in”
insert “or for”
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Clause 25
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19
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Page 12, line 15, leave out “21”
and insert “(Effect
of statutory powers on capacity of
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Gibraltar
legislature)”
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The Schedule
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20
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Page 15, line 1, leave out second
“not” and insert “to”
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