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require
parliamentary approval for the participation of Her Majesty’s
armed |
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forces in armed conflict and
for a declaration of war; and for connected |
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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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1 |
Prior
approval: application |
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(1) |
When subsection (2) applies,
it shall be unlawful for Her Majesty’s armed |
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forces to participate in
armed conflict unless each House of Parliament has |
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approved such participation
by means of a resolution in accordance with the |
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provisions of section 3(1). |
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(2) |
This subsection applies when— |
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(a) |
the Prime Minister proposes
that Her Majesty’s armed forces should |
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participate in armed conflict,
and |
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(b) |
section 4(1)
does not apply or the provisions of section 6
are not |
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2 |
Report
relating to proposed participation |
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When section 1(2)
applies, the Prime Minister shall lay before each House of |
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Parliament a report setting
out— |
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(a) |
the reasons for the proposed
participation; |
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(b) |
the legal authority for the
proposed participation; and |
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(c) |
such information as he considers
it appropriate to make public about— |
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(i) |
the expected geographical
extent of the participation, |
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(ii) |
the expected duration of
the participation, and |
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(iii) |
the particular bodies
of Her Majesty’s armed forces that are |
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3 |
Resolutions
to approve proposed participation |
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(1) |
A resolution of either House
of Parliament under this section shall be |
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expressed in the form of
approval of a report laid before each House of |
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Parliament under section
2. |
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(2) |
A motion for a resolution
under this section in the House of Commons shall be |
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made by the Prime Minister. |
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4 |
Participation
in armed conflict in circumstances of urgency, etc. |
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(1) |
This subsection applies when— |
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(a) |
participation by Her Majesty’s
armed forces in an armed conflict has |
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begun before the commencement
of this Act, or |
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(b) |
the Prime Minister has decided
that participation by Her Majesty’s |
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armed forces in an armed conflict
is a matter of urgency and should |
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begin before the steps required
under sections 2
and 3
could be taken |
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and has announced that decision
in public in such manner as he thinks |
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(2) |
If, when the Prime Minister
makes an announcement in accordance with |
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subsection (1)(b), Parliament
stands prorogued to a day after the end of the |
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period of five days beginning
with the date on which the decision is made, Her |
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Majesty shall by proclamation
under the Meeting of Parliament Act
1797 |
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(c. 127) require Parliament
to meet on a specified day within that period. |
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(3) |
If, when the Prime Minister
makes an announcement in accordance with |
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subsection (1)(b), the House
of Commons stands adjourned to a day after the |
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end of the period of five
days beginning with the date on which the decision is |
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made, the Speaker shall arrange
for the House to meet on a day during that |
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(4) |
If, when the Prime Minister
makes an announcement in accordance with |
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subsection (1)(b), the House
of Lords stands adjourned to a day after the end |
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of the period of five days
beginning with the date on which the decision is |
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made, the Lord Chancellor
shall arrange for the House to meet on a day during |
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(5) |
In subsections (3) and (4),
a reference to the Speaker or the Lord Chancellor |
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includes a reference to a
person authorised by Standing Orders of the House of |
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Commons or of the House of
Lords to act in place of the Speaker or of the Lord |
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Chancellor in respect of
the recall of the House during adjournment. |
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(6) |
When subsection (1) applies
in the case of participation in a particular armed |
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conflict, the Prime Minister
shall, as soon as is reasonably practicable after |
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making the announcement,
lay before each House of Parliament a report |
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(a) |
the reasons for that participation; |
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(b) |
the legal authority for that
participation; and |
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(c) |
such information as he considers
it appropriate to make public about— |
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(i) |
the expected geographical
extent of that participation, |
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(ii) |
the expected duration of
that participation, and |
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(iii) |
the
particular bodies of Her Majesty’s armed forces that are
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participating or are expected
to participate. |
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5 |
Resolutions
to approve participation retrospectively |
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(1) |
When section 4(1)
applies and the Prime Minister has laid a report before each |
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House of Parliament under
subsection (6) of that section, he shall as soon as is |
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reasonably practicable thereafter
make a motion for a resolution in the House |
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of Commons under this section. |
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(2) |
When section 4(1)
applies and the Prime Minister has laid a report before each |
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House of Parliament under
subsection (6) of that section, a Minister of the |
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Crown shall as soon as is
reasonably practicable thereafter make a motion for |
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a resolution in the House
of Lords under this section. |
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(3) |
A resolution of either House
of Parliament under this section shall be |
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expressed in the form of
approval of a report laid before each House of |
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Parliament under section
4(6). |
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6 |
Provisions
in case where resolution not come to |
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(a) |
a report has been laid before
each House of Parliament under section |
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(b) |
either House of Parliament
has not come to a resolution in accordance |
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with the provisions of section
5
within a period of ten days beginning |
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with the day on which the
report is laid before each House of |
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Parliament under section 4(6), |
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the
continued participation of Her Majesty’s armed forces in
the armed conflict |
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to which the report relates
shall cease to be lawful at the end of a period of |
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thirty days unless the condition
in subsection (2) or subsection (3) applies. |
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(2) |
The condition in this subsection
is that the continued participation of Her |
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Majesty’s armed forces
for a period longer than the period of thirty days |
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specified in subsection (1)
is, in the opinion of the Prime Minister, necessary as |
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a precursor to the withdrawal
of those armed forces from participation in the |
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(3) |
This subsection applies when— |
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(a) |
a report has been laid before
each House of Parliament under section |
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(b) |
either House of Parliament
has not come to a resolution in accordance |
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with the provisions of section
5(3)
within a period of ten days |
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beginning with the day on
which the report specified in paragraph (a) |
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was laid before each House
of Parliament, |
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(c) |
the Prime Minister, within
a period of twenty days beginning with the |
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day on which the report specified
in paragraph (a) was laid before each |
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House of Parliament, has laid
before each House of Parliament a |
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(d) |
each House of Parliament,
within a period of ten days beginning with |
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the day on which the further
report under paragraph (c) is laid before |
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each House of Parliament,
has come to a resolution under subsection |
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(4) |
A further report under subsection
(3)(c) shall set out— |
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(a) |
the
reasons for the continued participation; |
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(b) |
the legal authority for that
participation; and |
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(c) |
such information as he considers
it appropriate to make public about— |
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(i) |
the expected geographical
extent of that participation, |
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(ii) |
the expected duration of
that participation, and |
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(iii) |
the particular bodies
of Her Majesty’s armed forces that are |
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participating or are expected
to participate. |
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(5) |
A resolution of either House
of Parliament under this subsection shall be |
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expressed in the form of
approval of a report laid before each House of |
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Parliament under subsection
(3)(d). |
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(6) |
A motion for a resolution
under subsection (5) in the House of Commons shall |
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be made by the Prime Minister. |
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No declaration of war shall
be made by or on behalf of the United Kingdom |
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(a) |
the proposal to declare war
is contained in a report which has been laid |
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before each House of Parliament
under section 2,
4(6)
or 6(3)(c),
and |
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(b) |
each House of Parliament
has come to a resolution in relation to that |
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report in accordance with
the provisions of section 3(1),
5(3)
or 6(3)(d). |
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Miscellaneous and final
provisions |
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8 |
Action
in defence of members of the armed forces |
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(1) |
Nothing in this Act shall
prevent or make illegal the taking of action by |
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members of Her Majesty’s
armed forces where both the condition in subsection |
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(2) and the condition in
subsection (3) are met. |
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(2) |
The condition in this subsection
is that the action is taken— |
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(a) |
following a lawful command,
or |
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(b) |
in accordance with lawful
rules of engagement. |
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(3) |
The condition in this subsection
is that the action is taken in the immediate |
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defence of members of Her
Majesty’s armed forces. |
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9 |
Prime
Minister unable to act |
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Where the Prime Minister
is unable to act under this Act for any reason his |
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functions may be undertaken
by the Secretary of State. |
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“the Additional Protocols
of 1977” means— |
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(a) |
the Protocol, additional
to the Geneva Conventions of 12 |
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August 1949, relating
to the Protection of Victims of |
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International Armed
Conflicts (Protocol I) done on 10 June 1977, |
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the text of which is
set out in the Schedule 5 to the Geneva
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Conventions
Act 1957 (c. 52), and |
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(b) |
the Protocol, additional
to the Geneva Conventions of 12 |
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August 1949, relating
to the Protection of Victims of Non- |
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International Armed
Conflicts (Protocol II) done on 10 June |
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1977, the text of which
is set out in Schedule 6 to the Geneva
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Conventions
Act 1957 (c. 52); |
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“armed conflict”
means any use of force which gives rise, or may give rise, |
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to a situation of armed conflict
to which the Geneva Conventions of |
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1949 or the Additional Protocols
of 1977 apply; |
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“the Geneva Conventions
of 1949” has the same meaning as “the |
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scheduled conventions”
in section 7(1) of the Geneva Conventions
Act |
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“Her Majesty’s
armed forces” means— |
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“regular services”
means the Royal Navy, the Royal Marines, the regular |
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army or the regular air force; |
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“the reserve forces”
has the same meaning as in section 1(2) of the Reserve
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Forces
Act 1996 (c. 14) (power to maintain the reserve forces). |
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(2) |
In calculating any period
of days for the purposes of this Act, no regard shall |
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be had to any day during
a period which— |
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(a) |
begins with the day of the
dissolution of Parliament, and |
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(b) |
ends with the day of the first
meeting of Parliament thereafter. |
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11 |
Short
title and commencement |
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(1) |
This Act may be cited as
the Armed Forces (Parliamentary Approval for |
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Participation in Armed Conflict)
Act 2005. |
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(2) |
This Act shall come into
force at the end a period of two months beginning with |
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the day on which this Act
is passed. |
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