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| To move the following Clause:— |
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| | ‘(1) | In section 94, in relation to a judicial office holder who exercises functions |
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| | wholly or mainly in Scotland, references to the Lord Chief Justice are to be read |
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| | as references to the Lord President of the Court of Session. |
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| | (2) | Regulations under section 96 and rules under section 98 do not apply in relation |
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| | to a judicial office holder who exercises functions wholly or mainly in Scotland |
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| | unless they are made with the agreement of the Lord President of the Court of |
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| | (3) | In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice |
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| | include references to the Lord President of the Court of Session. |
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| | (4) | In section 99(3), where the description of offices designated by the order is |
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| | limited to (or includes) offices in which the holder exercises functions wholly or |
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| | mainly in Scotland, the reference to the Lord Chief Justice is to be read as (or as |
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| | including) a reference to the Lord President of the Court of Session. |
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| | (5) | The Lord Chief Justice may by regulations provide for sections (Applications to |
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| | the Ombudsman) to (References to the Ombudsman relating to conduct) to apply |
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| | in relation to judicial office holders who exercise functions wholly or mainly in |
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| | (a) | as if in section (Applications to the Ombudsman)(8)(b) the reference to |
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| | the Lord Chief Justice were a reference to the Lord President of the Court |
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| | (b) | with any other modifications specified in the regulations. |
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| | (6) | Regulations under subsection (5) may be made only with the agreement of the |
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| | Lord Chancellor and the Lord President of the Court of Session. |
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| | (7) | The Lord President of the Court of Session may nominate a judge of the Court of |
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| | Session who is a member of the First or Second Division of the Inner House of |
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| | that Court to exercise any of his functions under the relevant sections. |
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| | (8) | The relevant sections under subsection (7) are— |
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| | (a) | section 94(3) to (7); |
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| | (b) | section (Review by the Ombudsman) (2); |
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| | (c) | section (Reports on reviews); |
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| To move the following Clause:— |
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| | ‘(1) | In section 94, in relation to a judicial office holder who exercises functions |
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| | wholly or mainly in Northern Ireland, references to the Lord Chief Justice are to |
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| | be read as references to the Lord Chief Justice of Northern Ireland. |
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| | (2) | Regulations under section 96 and rules under section 98 do not apply in relation |
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| | to a judicial office holder who exercises functions wholly or mainly in Northern |
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| | Ireland, unless they are made with the agreement of the Lord Chief Justice of |
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| | |
| | (3) | In section 97(1)(f), (4)(b) and (5)(a) the references to the Lord Chief Justice |
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| | include references to the Lord Chief Justice of Northern Ireland. |
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| | (4) | In section 99(3), where the description of offices designated by the order is |
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| | limited to (or includes) offices in which the holder exercises functions wholly or |
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| | mainly in Northern Ireland, the reference to the Lord Chief Justice is to be read |
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| | as (or as including) a reference to the Lord Chief Justice of Northern Ireland. |
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| | (5) | The Lord Chief Justice may by regulations provide for sections (Applications to |
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| | the Ombudsman) to (References to the Ombudsman relating to conduct) to apply |
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| | in relation to judicial office holders who exercise functions wholly or mainly in |
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| | (a) | as if in section (Applications to the Ombudsman)(8)(b) the reference to |
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| | the Lord Chief Justice were a reference to the Lord Chief Justice of |
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| | (b) | with any other modifications specified in the regulations. |
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| | (6) | Regulations under subsection (5) may be made only with the agreement of the |
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| | Lord Chancellor and the Lord Chief Justice of Northern Ireland. |
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| | (7) | The Lord Chief Justice of Northern Ireland may nominate any of the following to |
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| | exercise any of his functions under the relevant sections— |
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| | (a) | the holder of one of the offices listed in Schedule 1 to the Justice |
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| | (Northern Ireland) Act 2002 (c. 26); |
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| | (b) | a Lord Justice of Appeal (as defined in section 88 of that Act). |
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| | (8) | The relevant sections under subsection (7) are— |
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| | (a) | section 94(3) to (7); |
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| | (b) | section (Review by the Ombudsman) (2); |
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| | (c) | section (Reports on reviews); |
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| | Encouragement of diversity |
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| | Agreed to on division NC42 |
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| To move the following Clause:— |
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| | ‘(1) | The Commission, in performing its functions under this Part, must have regard to |
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| | the need to encourage diversity in the range of persons available for selection for |
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| | (2) | This section is subject to section 57.’. |
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| Clause 112, page 50, line 23, after ‘16’, insert ‘, 18’. |
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| | Clause, as amended, Agreed to. |
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| Clause 114, page 50, leave out line 36. |
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| | Clause, as amended, Agreed to. |
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| Clause 115, page 50, line 40, leave out ‘Minister’ and insert ‘Lord Chancellor’. |
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| Clause 115, page 51, line 18, at end insert— |
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| | ‘(c) | amend or repeal an enactment or subordinate legislation, whenever |
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| | passed or made, in consequence of section (Renaming of Supreme Courts |
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| | of England and Wales and Northern Ireland).’. |
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| | Clause, as amended, Agreed to. |
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| Clause 116, page 51, line 27, leave out ‘Minister’ and insert ‘Lord Chancellor’. |
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| Clause 116, page 51, line 30, at end insert— |
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| | ‘(2A) | Regulations under section 96, (Scotland)(5) or (Northern Ireland)(5) are to be |
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| | made in the form of a statutory instrument to which the Statutory Instruments Act |
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| | 1946 (c. 36) applies as if the regulations were made by a Minister of the Crown.’. |
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| Clause 116, page 51, line 40, after paragraph (b) insert— |
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| | ‘(ba) | an order under section 16(1) which amends subordinate legislation of |
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| | which a draft was required to be laid before and approved by a resolution |
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| | of each House of Parliament, except where the only such amendment |
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| | consists of provision that falls within subsection (2)(b) of section 16;’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 14, page 217, line 6, at end insert— |
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| | ‘Parliamentary Commissioner Act 1967 (c. 13) |
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| | 11A (1) | The Parliamentary Commissioner Act 1967 is amended as follows. |
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| | (2) | In section 5 (matters subject to investigation) in subsection (6) for “Lord |
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| | Chancellor’s Department” substitute “Department for Constitutional |
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| | (3) | In Schedule 2 (departments etc. subject to investigation) in the note |
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| | relating to the Department for Constitutional Affairs omit “the Lord |
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| | Chancellor’s Department and”. |
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| | (4) | In Schedule 3 (matters not subject to investigation) at the end insert— |
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| | “12(1) | Action not otherwise within this Schedule which is taken in the |
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| | course of administrative functions exercised at the direction, or on |
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| | the authority (whether express or implied), of a judge of any court |
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| | established under the law of England and Wales or Northern |
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| | (2) | In this paragraph “judge” includes— |
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| | (a) | a person appointed under section 89 of, and Part 2 or 3 of |
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| | Schedule 2 to, the Supreme Court Act 1981, and |
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| | (b) | a Master or District Judge appointed under section 70 of, |
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| | and Schedule 3 to, the Judicature (Northern Ireland) Act |
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| | Patronage (Benefices) Measure 1986 (No. 3) |
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| | 11B | Section 36 of the Patronage (Benefices) Measure 1986 ceases to have effect. |
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| | Priests (Ordination of Women) Measure 1993 (No. 2) |
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| | 11C (1) | The Priests (Ordination of Women) Measure 1993 is amended as follows. |
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| | (2) | Omit section 2(4)(c) (notice of declaration by Bishop to be given to Lord |
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| | (3) | In section 7(1) (benefices in the patronage of the Crown etc), omit the |
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| | words from “and to” to “Lord Chancellor”.’. |
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| Schedule 14, page 217, line 18, at end insert— |
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| | ‘Railway and Canal Traffic Act 1888 (c. 25) |
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| | | Section 17(5) of the Railway and Canal Traffic Act 1888 ceases to have effect.’. |
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| Schedule 14, page 221, line 6, leave out paragraph 30 and insert— |
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| | | ‘In Schedule 4 to the Nationality, Immigration and Asylum Act 2002 (the Asylum |
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| | and Immigration Tribunal) (as inserted by the Asylum and Immigration |
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| | (Treatment of Claimants, etc) Act 2004), in paragraph 5(1)(a) (President of the |
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| | Asylum and Immigration Tribunal) for “the Appellate Jurisdiction Act 1859 (c. |
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| | 59)” substitute “Part 3 of Constitutional Reform Act 2005 or who is or has been |
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| | a member of the Judicial Committee of the Privy Council”.’. |
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| Schedule 14, page 221, line 18, at end insert— |
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| | ‘Judicature (Northern Ireland) Act 1978 (c. 23) |
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| | (1) | Section 12B of the Judicature (Northern Ireland) Act 1978 as substituted |
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| | by section 6 of the Justice (Northern Ireland) Act 2002 (c. 26) (c. 26) is |
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| | (2) | In subsection (3)(b) at the end insert “or, if the Lord Chancellor is not a |
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| | member of that House, by another Minister of the Crown at his request.” |
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| | (3) | In subsections (4) and (5) for “Neither the Prime Minister nor the Lord |
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| | Chancellor may make” substitute “The Prime Minister may not make, |
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| | and the Lord Chancellor may not make or request the making of,”. |
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| | (4) | In subsection (7) for the words from “and the Lord Chancellor” to the end |
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| | substitute “and a person making such a motion in the House of Lords |
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| | shall lay a copy of them before that House before making the motion.”’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 15, page 222, leave out line 1. |
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| Schedule 15, page 222, line 26, at end insert— |
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| ‘Pluralities Act 1838 (c. 106) |
| In section 126 “or persons”. |
| | | | | In section 128 “or persons” in the second place. |
| | | | Ecclesiastical Leasing Act 1842 (c. |
| In section 22 “or persons”.’. |
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| Schedule 15, page 222, line 29, column 2, at end insert— |
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| Schedule 15, page 222, line 30, at end insert— |
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| ‘Pensions Appeal Tribunals Act |
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| Schedule 15, page 222, line 34, at end insert— |
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| ‘Land Powers (Defence) Act 1958 |
| In Schedule 2, paragraphs 10 and 11.’. |
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| Schedule 15, page 222, line 37, at end insert— |
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| ‘Parliamentary Commissioner Act |
| In Schedule 2 in the note relating to the Department |
| | | | | for Constitutional Affairs “the Lord Chancellor’s |
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| Schedule 15, page 222, line 37, at end insert— |
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| ‘Transport Act 1962 (c. 46) |
| In Schedule 11, paragraph 10.’. |
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| Schedule 15, page 222, line 38, column 2, at beginning insert— |
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| | | | | | | | | | | | (b) | in paragraph (a) “or” in the last place where |
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| Schedule 15, page 223, line 6, at end insert— |
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| ‘Pensions Appeal Tribunals |
| | | | | (Posthumous Appeals) Order |
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| Schedule 15, page 223, line 19, column 2, at end insert— |
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| | ‘In section 11(1) “except the Lord Chancellor”.’. |
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| Schedule 15, page 223, column 2, leave out line 25. |
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| Schedule 15, page 223, column 2, leave out lines 41 to 43 and insert— |
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| | ‘In Schedule 2, in paragraph 1(b) and (c) “after |
| | | | | consultation with the Secretary of State”.’. |
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| Schedule 15, page 223, line 43, at end insert— |
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| ‘Pastoral Measure 1983 (No. 1) |
| | | | | | (a) | in paragraph (a) the words from “, or a” to |
| | | | | “books” and “last-mentioned”; |
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| Schedule 15, page 223, line 50, at end insert— |
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| ‘Finance Act 1988 (c. 39) |
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| Schedule 15, page 224, line 5, column 2, at beginning insert— |
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