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[The page and line references are to HL Bill 77, the bill as first printed for the Lords.] |
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1 | Page 1, line 5, leave out from “means” to end of line 10 and insert— |
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| “(a) | an event or situation which threatens serious damage to human |
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| welfare in a place in the United Kingdom, |
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| (b) | an event or situation which threatens serious damage to the |
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| environment of a place in the United Kingdom, or |
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| (c) | war, or terrorism, which threatens serious damage to the security of |
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2 | Page 1, line 18, leave out “an electronic or other” and insert “a” |
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3 | Page 2, line 2, leave out “harmful” |
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4 | Page 2, line 3, leave out sub-paragraph (ii) |
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5 | Page 2, line 4, leave out “(b) flooding,” |
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6 | Page 2, line 6, leave out subsection (4) |
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7 | Page 3, line 21, at end insert— |
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| “( ) | Regulations under subsection (3) may, in particular, make provision— |
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| (a) | requiring those authorities which control ports, airports or frontiers |
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| as well as local authorities to install special equipment to monitor |
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| the contents of lorries, containers or other objects for suspicious |
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| (b) | requiring those authorities which control ports, airports or frontiers |
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| as well as local authorities to install special equipment designed to |
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| monitor persons, ships, other conveyances or other objects for |
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| radioactive material; and |
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| (c) | requiring local authorities and other public bodies to obtain specific |
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| static or mobile equipment which is designed to identify the |
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| presence of chemical material or biological organisms or |
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| radioactive substances which might be used in a terrorist attack.” |
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8 | Page 4, line 7, at end insert— |
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| “( ) | permit or require a person or body, in maintaining a plan under |
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| subsection (1)(c) or (d), to have regard to the activities of bodies |
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| (other than public or local authorities) whose activities are not |
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| |
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9 | Page 5, line 6, after “public” insert “, or the continuance of the activities of bodies |
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| other than public or local authorities whose activities are not carried on for profit,” |
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10 | Page 7, line 12, leave out “a Minister of the Crown thinks that” |
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11 | Page 7, line 14, leave out from first “by” to “but” in line 15 and insert “an order |
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| under section 5(1) or by regulations under section 6(1),” |
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12 | Page 7, line 16, leave out “regulations or order” and insert “order or regulations” |
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13 | Page 7, leave out line 18 and insert “an order under section 5(1) or by regulations |
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14 | Page 7, line 19, leave out “may be written or oral” and insert “shall be in writing” |
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15 | Page 7, line 24, leave out from “of” to “and” in line 25 and insert “an order under |
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| section 5(1) or by way of regulations under section 6(1)),” |
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16 | Page 7, line 29, leave out subsection (5) |
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17 | Page 7, line 32, leave out from first “of” to end of line 33 and insert “an order under |
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| section 5(1) or of regulations under section 6(1).” |
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18 | Page 7, line 35, leave out “the Scottish Ministers think that” |
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19 | Page 7, line 37, leave out from first “by” to “but” in line 38 and insert “an order |
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| under section 5(2) or by regulations under section 6(2),” |
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20 | Page 7, line 39, leave out “regulations or order” and insert “order or regulations” |
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21 | Page 7, line 41, leave out from first “by” to end of line 42 and insert “an order under |
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| section 5(2) or by regulations under section 6(2).” |
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22 | Page 8, line 1, leave out “may be written or oral” and insert “shall be in writing” |
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23 | Page 8, line 6, leave out from second “of” to “and” in line 7 and insert “an order |
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| under section 5(2) or by way of regulations under section 6(2)),” |
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24 | Page 8, line 11, leave out subsection (5) |
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25 | Page 8, line 14, leave out from first “of” to end of line 15 and insert “an order under |
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| section 5(2) or of regulations under section 6(2).” |
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26 | Page 11, line 1, leave out paragraphs (a) to (d) |
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27 | Page 11, line 24, leave out “2(3), 4(2) or” |
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28 | Page 11, line 45, after “paragraph” insert “4,” |
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29 | Page 12, line 28, at end insert— |
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| | ““terrorism” has the meaning given by section 1 of the Terrorism Act |
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| | “war” includes armed conflict.” |
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30 | Page 12, line 36, leave out from “means” to end of line 40 and insert— |
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| “(a) | an event or situation which threatens serious damage to human |
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| welfare in the United Kingdom or in a Part or region, |
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| (b) | an event or situation which threatens serious damage to the |
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| environment of the United Kingdom or of a Part or region, or |
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| (c) | war, or terrorism, which threatens serious damage to the security of |
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| |
31 | Page 13, line 8, leave out “an electronic or other” and insert “a” |
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32 | Page 13, line 14, leave out “harmful” |
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33 | Page 13, line 15, leave out sub-paragraph (ii) |
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34 | Page 13, line 16, leave out paragraph (b) |
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35 | Page 13, line 18, leave out subsection (4) |
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36 | Page 13, line 24, leave out paragraph (a) |
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37 | Page 15, line 6, leave out from “provision” to “for” in line 7 |
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38 | Page 15, line 9, leave out from “provision” to “for” in line 10 |
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39 | Page 15, line 15, leave out “an electronic or other” and insert “a” |
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40 | Page 15, line 22, leave out paragraph (j) |
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41 | Page 16, line 9, leave out “(other than a provision of this Part)” |
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42 | Page 16, line 30, at end insert— |
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| “(5) | A person making emergency regulations must have regard to the |
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| importance of ensuring that Parliament, the High Court and the Court of |
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| Session are able to conduct proceedings in connection with— |
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| (b) | action taken under the regulations.” |
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43 | Page 16, line 32, leave out from “only” to end of line 33 |
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44 | Page 16, line 34, leave out “that the provision is” |
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45 | Page 16, line 37, leave out “that the effect of the provision is” |
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46 | Page 17, line 7, at end insert— |
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| “(5) | Emergency regulations may not amend— |
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| (a) | this Part of this Act, or |
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| (b) | the Human Rights Act 1998 (c. 42).” |
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47 | Page 18, line 2, leave out “he thinks it” and insert “this is” |
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48 | Page 20, line 37, at end insert— |
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| ““terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11), |
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| “war” includes armed conflict.” |
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49 | Page 21, line 32, after “Act” insert “, except for the provisions of Part 2” |
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50 | Page 21, line 40, at end insert— |
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| “(2A) | The provisions of Part 2 of this Act shall come into force in accordance with |
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| provision made by a Minister of the Crown by order. |
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| (2B) | An order under subsection (2A) shall cease to have effect on the expiry of |
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| the period of three years beginning on the day it is made unless both |
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| Houses of Parliament resolve that it shall further continue in force for a |
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| period not exceeding three years. |
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| (2C) | An order made under subsection (2A) and renewed in accordance with |
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| subsection (2B) may, on expiry, be renewed following resolution of both |
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| Houses of Parliament for further periods not exceeding three years.” |
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51 | Page 21, line 41, leave out “or (2)” insert “, (2) or (2A)” |
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52 | Page 23, line 21, leave out paragraph 4 and insert— |
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| “4 | A fire and rescue authority within the meaning of section 1 of the Fire |
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| and Rescue Services Act 2004 (c. 21).” |
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53 | Page 24, line 10, leave out paragraph 9 and insert— |
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| “9 (1) | The Health Protection Agency established by section 1 of the Health |
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| Protection Agency Act 2004 (c. 17). |
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| (2) | Until its dissolution consequent upon the coming into force of section 1 |
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| of that Act, the Special Health Authority established under section 11 of |
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| the National Health Service Act 1977 and known as the Health |
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54 | Page 25, line 6, leave out paragraphs 19 and 20 and insert— |
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| “19 (1) | A person holding a licence of a kind specified in sub-paragraph (2) and |
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| granted under section 6 of the Electricity Act 1989 (c. 29). |
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| (a) | a transmission licence, |
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| (b) | a distribution licence, and |
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| (c) | an interconnector licence. |
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| (3) | Expressions used in this paragraph and in the Electricity Act 1989 (c. 29) |
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| shall have the same meaning in this paragraph as in that Act. |
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| 20 (1) | A person holding a licence of a kind specified in sub-paragraph (2). |
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| (a) | a licence under section 7 of the Gas Act 1986 (c. 44), and |
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| (b) | a licence under section 7ZA of that Act.” |
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55 | Page 26, line 6, leave out paragraphs 30 and 31 and insert— |
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| “30 (1) | A person holding a licence of a kind specified in sub-paragraph (2) and |
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| granted under the Electricity Act 1989 (c. 29), in so far as the activity |
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| under the licence is undertaken in Scotland. |
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| (a) | a transmission licence, |
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| (b) | a distribution licence, and |
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| (c) | an interconnector licence. |
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| (3) | Expressions used in this paragraph and in the Electricity Act 1989 (c. 29) |
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| shall have the same meaning in this paragraph as in that Act. |
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| 31 (1) | A person holding a licence of a kind specified in sub-paragraph (2), in so |
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| far as the activity under the licence is undertaken in Scotland. |
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| (a) | a licence under section 7 of the Gas Act 1986 (c. 44), and |
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| (b) | a licence under section 7ZA of that Act.” |
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56 | Page 29, line 5, at end insert— |
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| “Highways Act 1980 (c. 66) |
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| 15 | (1) At the end of section 90H(2) of the Highways Act 1980 (traffic calming |
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| “(d) | provide that, in such cases or circumstances as the |
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| regulations may specify, works may be constructed or |
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| removed only with the consent of a police officer of such |
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| class as the regulations may specify.” |
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| (2) | In section 329(1) of that Act (interpretation) for the definition of |
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| “traffic calming works” substitute— |
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| | ““traffic calming works”, in relation to a highway, means works |
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| affecting the movement of vehicular or other |
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| traffic for the purpose of— |
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| (a) | promoting safety (including avoiding or |
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| reducing, or reducing the likelihood of, |
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| danger connected with terrorism within |
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| the meaning of section 1 of the |
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| Terrorism Act 2000 (c. 11)), or |
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| (b) | preserving or improving the environment |
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| through which the highway runs;”. |
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| Road Traffic Regulation Act 1984 (c. 27) |
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| 16 | (1) The Road Traffic Regulation Act 1984 shall be amended as follows. |
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| (2) | In Part 2 (traffic regulation: special cases) after section 22B insert— |
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| (1) | An order may be made under section 1(1)(a) for the purpose of |
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| avoiding or reducing, or reducing the likelihood of, danger |
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| connected with terrorism (for which purpose the reference to |
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| persons or other traffic using the road shall be treated as |
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| including a reference to persons or property on or near the road). |
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| (2) | An order may be made under section 1(1)(b) for the purpose of |
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| preventing or reducing damage connected with terrorism. |
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| (3) | An order under section 6 made for a purpose mentioned in |
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| section 1(1)(a) or (b) may be made for that purpose as qualified |
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| by subsection (1) or (2) above. |
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| (4) | An order may be made under section 14(1)(b) for a purpose |
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| relating to danger or damage connected with terrorism. |
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| (5) | A notice may be issued under section 14(2)(b) for a purpose |
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| relating to danger or damage connected with terrorism. |
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| (6) | In this section “terrorism” has the meaning given by section 1 of |
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| the Terrorism Act 2000 (c. 11). |
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| (7) | In Scotland an order made, or notice issued, by virtue of this |
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| section is to be made or issued not by the traffic authority, if the |
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| traffic authority is the Scottish Ministers, but by the Secretary of |
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| (8) | In Wales an order made, or notice issued, by virtue of this section |
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| may be made or issued only with the consent of the Secretary of |
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| State if the traffic authority is the National Assembly for Wales. |
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| 22D | Section 22C: supplemental |
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| (1) | An order may be made by virtue of section 22C only on the |
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| recommendation of the chief officer of police for the area to |
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| (2) | The following shall not apply in relation to an order made by |
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| (c) | the words in section 14(4) from “but” to the end, |
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| (e) | paragraph 13(1)(a) of Schedule 9. |
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| (3) | Sections 92 and 94 shall apply in relation to an order under |
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| section 14 made by virtue of section 22C as they apply in relation |
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| to an order under section 1 or 6. |
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| (4) | An order made by virtue of section 22C, or an authorisation or |
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| requirement by virtue of subsection (3) above, may authorise the |
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| undertaking of works for the purpose of, or for a purpose |
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| ancillary to, another provision of the order, authorisation or |
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| (5) | An order made by virtue of section 22C may— |
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| (a) | enable a constable to direct that a provision of the order |
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| shall (to such extent as the constable may specify) be |
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| commenced, suspended or revived; |
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| (b) | confer a discretion on a constable; |
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| (c) | make provision conferring a power on a constable in |
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| relation to the placing of structures or signs (which may, |
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| in particular, apply a provision of this Act with or |
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| (3) | In section 67 (traffic signs: emergencies &c.) after subsection (1) insert— |
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| (a) | “extraordinary circumstances” includes terrorism or the |
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| prospect of terrorism within the meaning of section 1 of |
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| the Terrorism Act 2000 (c. 11), and |
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| (b) | the reference to 7 days shall, in the application of the |
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| subsection in connection with terrorism or the prospect of |
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| terrorism, be taken as a reference to 28 days; |
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| | but this subsection does not apply to a power under subsection |
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| (1) in so far as exercisable by a traffic officer by virtue of section |
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| 7 of the Traffic Management Act 2004 (c. 18).” |
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| (4) | In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers |
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| and National Assembly for Wales)— |
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