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impose
a duty on local authorities to provide youth services and establish
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local partnerships to promote
youth participation and engagement; and to |
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make other provision in connection
with the reduction of youth crime. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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General duties of local
authorities |
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1 |
Duty
to provide youth services |
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(1) |
It shall be the duty of
every local authority to provide youth services to all |
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young people resident within
the area of the local authority. |
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(2) |
The purposes of youth services
provided in pursuance of the duty under |
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subsection (1) shall be to— |
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(a) |
secure active involvement
by young people in relevant activities, |
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(b) |
assist young people to realise
their full potential and play a full part in |
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(c) |
thereby to reduce youth disorder. |
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(1) |
In pursuance of its duty
under section 1(1),
it shall be the duty of each local |
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authority to prepare a youth
strategy. |
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(2) |
A youth strategy shall be
prepared in partnership with— |
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(a) |
young people resident within
the area of the local authority, |
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(b) |
parents of those young people, |
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(c) |
voluntary organisations operating
within the area of the local |
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(d) |
the bodies specified in section
4. |
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(3) |
A youth strategy shall include,
in particular— |
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(a) |
an
analysis of youth disorder in the area, including the hours of
the day |
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and the locations within the
area where such disorder is most likely to |
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(b) |
steps to secure the involvement
in relevant activities of those young |
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people who would (but for
the steps taken in accordance with the |
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provisions of this Act) be
least likely to participate in such activities, |
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(c) |
steps to improve the availability
and usage of the resources specified in |
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subsection (4) for relevant
activities generally and, in particular, their |
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availability and usage for
relevant activities at times that are |
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appropriate in order to reduce
youth disorder analysed in accordance |
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with the provisions of paragraph
(a), |
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(d) |
steps to ensure that, wherever
practicable, due account is taken of best |
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practice adopted by other
local authorities, |
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(e) |
steps to ensure that a timely
and appropriate response can be made to |
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problems arising in particular
localities at particular times, and |
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(f) |
steps to secure the involvement
of parents of young people who would |
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(but for the steps taken in
accordance with the provisions of this Act) be |
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least likely to engage with
youth services. |
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(4) |
The resources specified
in this subsection are the facilities, buildings, services |
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(b) |
the bodies specified in section
4, |
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(c) |
voluntary organisations, |
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(5) |
Each local authority shall
revise its youth strategy from time to time, and at |
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least every five years, haing
particular regard to— |
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(a) |
monitoring and evaluation
work undertaken by it in accordance with |
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the provisions of section
3(1),
and |
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(b) |
reports published under section
3(3)
(whether by the local authority |
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itself or by other local authorities). |
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(6) |
A youth strategy prepared
or revised under this section shall be published in |
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such manner as the local
authority concerned considers appropriate to enable |
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the strategy to be brought
to the attention of bodies, organisations and persons |
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(7) |
In this Act, “relevant
activities” means activities that— |
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(a) |
are carried on using the
resources specified in subsection (4) or |
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(b) |
involve the participation
of young people, and |
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(c) |
in the view of the local
authority, promote or secure, or assist in |
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promoting or securing, the
purposes set out in section 1(2)(b)
and (c). |
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3 |
Monitoring
and evaluation |
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(1) |
It shall be the duty of
each local authority to monitor and evaluate the |
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performance of functions
and the provision of services under this Act. |
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(2) |
In the course of each year
after that in which section 1
of this Act comes into |
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force, each local authority
shall prepare a report of its monitoring and |
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evaluation work under subsection
(1) during the relevant period. |
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(3) |
A
report under subsection (2) shall be published in such manner
as the local |
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authority concerned considers
appropriate to enable the report to be brought |
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to the attention of bodies,
organisations and persons concerned. |
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4 |
Partnership
bodies and their duty of co-operation |
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(1) |
The bodies specified in this
section are— |
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(a) |
the chief officer of police
for a police area any part of which falls within |
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the area of the local authority; |
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(b) |
a local probation board for
an area any part of which falls within the |
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area of the local authority; |
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(c) |
a youth offending team for
an area any part of which falls within the |
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area of the local authority; |
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(d) |
a local education authority
for an area any part of which falls within the |
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area of the local authority; |
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(e) |
where the local authority
for the purposes of this Act is a county council |
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for an area for which there
are also district councils, those district |
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(f) |
a person providing services
under section 114 of the Learning and
Skills |
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Act
2000 (c. 21) (provision of services to support effective
participation |
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by young persons in education
or training) in any part of the area of the |
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(g) |
in England, the Children
and Family Court Advisory and Support |
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(h) |
in Wales, the National Assembly
for Wales. |
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(2) |
It shall be the duty of
the bodies specified in this section to co-operate in the |
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discharge by the local authority
of their duties and functions under this Act. |
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Youth services and youth
workers |
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5 |
Functions
of youth services |
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Without prejudice to the
generality of its duties under sections 1
and 2,
each |
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local authority shall, in
discharging those duties and functions, have particular |
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regard to the desirability
of— |
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(a) |
securing the provision of
appropriate information, advice and |
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(b) |
enabling and encouraging
young people to set up and run their own |
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activities and organisations; |
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(c) |
enabling and encouraging
young people to be involved in the |
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(d) |
assisting young people to
make the most of education and employment |
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(e) |
equal opportunities with regard
to gender, sexuality and ethnicity; |
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(f) |
meeting the needs of disabled
young people, and the needs of young |
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people with learning difficulties
and mental health problems; |
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(g) |
promoting international visits
and understanding; and |
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(h) |
encouraging
and developing inter-generational co-operation and |
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(1) |
Each local authority shall
take reasonable steps to secure, in association with |
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voluntary organisations operating
within the area of the local authority and the |
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bodies specified in section
4,
that— |
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(a) |
a sufficient number of persons
is available to work with young people |
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through or in connection with
the youth services provided in |
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accordance with the provisions
of this Act; |
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(b) |
those persons are suitably
qualified; |
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(c) |
appropriate opportunities
are available for the training of those |
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(d) |
that those persons are persons
in respect of whom an enhanced |
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criminal record certificate
has been duly issued in accordance with the |
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provisions of section 115
of the Police Act 1997 (c. 50). |
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(2) |
A person shall be regarded
as suitably qualified for the purposes of subsection |
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(1) if they hold a suitable
qualification. |
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(3) |
In this section “a
suitable qualification” has the meaning prescribed by the
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Secretary of State by regulations. |
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(4) |
The Secretary of State shall,
from time to time, review the exercise of his power |
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Miscellaneous and final
provisions |
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(1) |
For the purposes of this
Act— |
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“local authority”
means any unitary authority, or any county council so |
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far as they are not a unitary
authority; |
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“local education
authority” is to be construed in accordance with the |
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provisions of section 12
of the Education Act 1996 (c. 56); |
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“relevant activities”
has the meaning given by section 2(7); |
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“unitary authority”
means— |
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(a) |
the council of any
county so far as they are the council for an |
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area for which there
are no district councils, |
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(b) |
the council of any
district comprised in an area for which there |
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(c) |
the council of a county
borough, |
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(d) |
the council of a London
borough, |
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(e) |
the Common Council of
the City of London; |
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“young people”
shall be construed in accordance with the provisions of |
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(b) |
other anti-social behaviour, |
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“youth offending team” has the meaning given by section
39 of the Crime |
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and
Disorder Act 1998 (c. 37). |
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(2) |
In this Act “young
people” means— |
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(a) |
any person who has attained
the age of 11, but has not yet attained the |
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(b) |
any person aged 19 or 20 who— |
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(i) |
has been looked after
by a local authority at any time after |
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attaining the age of 16;
or |
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(ii) |
has a learning disability. |
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(3) |
For the purposes of subsection
(2)— |
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(a) |
a person is “looked
after by a local authority” if, for the purposes of the
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Children
Act 1989 (c. 41), he is looked after by a local authority
in |
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(b) |
“learning disability”
means a state of arrested or incomplete |
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development of mind which
induces significant impairment of |
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intelligence and social functioning. |
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(1) |
The power to make regulations
or an order under this Act is exercisable by |
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(2) |
A statutory instrument containing
regulations made by the Secretary of State |
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(a) |
to be laid before Parliament
after being made, and |
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(b) |
subject to annulment in pursuance
of a resolution of either House of |
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(3) |
The power conferred on the
Secretary of State under this Act to make |
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regulations or an order includes
power— |
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(a) |
to make different provision
for different cases (including different |
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provision in respect of different
areas); |
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(b) |
to make provision subject
to such exemptions and exceptions as the |
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Secretary of State thinks
fit; and |
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(c) |
to make such incidental,
supplemental, consequential and transitional |
|
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provision as the Secretary
of State thinks fit. |
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There
shall be paid out of money provided by Parliament— |
|
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(a) |
any
expenditure incurred by the Secretary of State by virtue of this
Act; and |
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(b) |
any
increase attributable to this Act in the sums payable out of money
so |
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provided
under any other enactment. |
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10 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Youth Disorder and Engagement Act 2005. |
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(2) |
This Act shall come into
force on such date as the Secretary of State may by |
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(3) |
This Act extends to England
and Wales only. |
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