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| | “12(1) | Premises in England which are used for the provision of childcare |
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| | by a person who is registered (otherwise than as a childminder) |
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| | under Part 3 of the Childcare Act 2006 in respect of the premises. |
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| | (2) | Premises in Wales which are used for the provision of day care for |
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| | children by a person who is registered under Part 10A of the |
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| | Children Act 1989 in respect of the premises.”.’. |
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| Schedule 2, page 57, line 30, leave out from ‘provided’ to end of line 36 and insert |
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| ‘under arrangements made by a local authority in England in pursuance of the duty |
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| imposed by section 7 of that Act (whether or not the local authority provides the early |
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| Schedule 2, page 58, line 29, at end insert— |
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| | ‘19A (1) | Section 515 of the Education Act 1996 (provision of teaching services for day |
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| | nurseries) is amended as follows. |
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| | (2) | In subsection (1) after “a day nursery” insert “in England or Wales or to a |
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| | registered early years provider in England”. |
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| | |
| | (a) | in paragraph (b) after “the day nursery” insert “or (as the case may be) |
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| | the registered early years provider”, and |
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| | (b) | in paragraph (c) for the words from “including” to the end of the |
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| | paragraph substitute “including— |
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| | (i) | in relation to England, any charges to be imposed in |
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| | connection with the arrangements, and |
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| | (ii) | in relation to Wales, where the teacher’s school and the day |
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| | nursery are in the areas of different local education |
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| | authorities, financial adjustments between those authorities.” |
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| | (4) | For subsection (4) substitute— |
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| | “day nursery” means a day nursery provided under section 18 of the |
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| | Children Act 1989 (provision by local authorities of day care for pre- |
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| | school and other children); |
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| | “registered early years provider” means a person registered under Part 3 |
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| | of the Childcare Act 2006.”.’. |
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| | |
| Schedule 2, page 58, line 29, at end insert— |
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| | ‘19B (1) | Section 535 of the Education Act 1996 (provision of teaching services for day |
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| | nurseries) is amended as follows. |
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| | (2) | In subsection (1) after “a day nursery” insert “in England and Wales or to a |
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| | registered early years provider in England”. |
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| | |
| | (a) | in paragraph (b) after “the day nursery” insert “or (as the case may be) |
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| | the registered early years provider”, and |
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| |
| |
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| | (b) | in paragraph (c) for the words from “including” to the end of the |
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| | paragraph substitute “including— |
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| | (i) | in relation to England, any charges to be imposed in |
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| | connection with the arrangements, and |
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| | (ii) | in relation to Wales, where the teacher’s school and the day |
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| | nursery are in the areas of different local education |
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| | authorities, financial adjustments between those authorities.” |
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| | (4) | For subsection (4) substitute— |
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| | |
| | “day nursery” means a day nursery provided under section 18 of the |
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| | Children Act 1989 (provision by local authorities of day care for pre- |
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| | school and other children); |
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| | “registered early years provider” means a person registered under Part 3 |
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| | of the Childcare Act 2006.”.’. |
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| Schedule 2, page 58, line 37, leave out from ‘provided’ to end of line 43 and insert |
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| ‘under arrangements made by a local authority in England in pursuance of the duty |
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| imposed by section 7 of that Act (whether or not the local authority provides the early |
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| Schedule 2, page 59, line 6, at end insert— |
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| | |
| | 21A | In section 113F of the Police Act 1997 (criminal record certificates: |
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| | supplementary), in subsection (1)— |
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| | (a) | before paragraph (a) insert— |
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| | “(za) | for the purposes of Part 3 of the Childcare Act 2006 |
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| | (regulation of provision of childcare in England) and |
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| | regulations made under it, the applicant’s suitability |
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| | to look after or be in regular contact with children;”, |
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| | (b) | in paragraph (a), omit the words “England and”, and |
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| | (c) | in paragraph (c) omit the words “section 71 of the Children Act 1989 |
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| Schedule 2, page 59, line 9, after ‘education)’, insert ‘— |
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| Schedule 2, page 59, line 10, at end insert ‘, and |
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| | (b) | in subsection (2)(b) for “the Secretary of State” substitute “the |
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| | National Assembly for Wales”.’. |
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| Schedule 2, page 59, line 31, leave out from ‘provided’ to end of line 37 and insert |
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| ‘under arrangements made by a local authority in England in pursuance of the duty |
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| imposed by section 7 of that Act (whether or not the local authority provides the early |
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| |
| |
| | |
| Schedule 2, page 60, line 3, at end insert— |
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| | ‘26A | In section 142 of the School Standards and Framework Act 1998 (general |
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| | interpretation) for subsection (5) substitute— |
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| | “(5) | For the purposes of this Act children are to be regarded as admitted to |
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| | a school for nursery education if— |
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| | (a) | in the case of a school in England, they are admitted for early |
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| | years provision as defined by section 20 of the Childcare Act |
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| | 2006 and are not, or are not to be, placed on admission in a |
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| | reception class or any more senior class, and |
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| | (b) | in the case of a school in Wales, if they are, or are to be, placed |
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| | on admission in a nursery class.”. ’. |
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| Schedule 2, page 60, line 39, at end insert— |
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| | ‘Protection of Children Act 1999 (c. 14) |
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| | 27A | In section 2A of the Protection of Children Act 1999 (power of certain |
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| | authorities to refer individuals for inclusion in list of persons considered |
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| | unsuitable to work with children), in subsection (1)(a) for “or Part XA of the |
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| | Children Act 1989” substitute “, Part 10A of the Children Act 1989 or Part 3 |
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| | of the Childcare Act 2006”. |
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| | | In section 9 of the Protection of Children Act 1999 (the Tribunal), in |
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| | (a) | omit the “or” at the end of paragraph (e), and |
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| | (b) | at the end of paragraph (f) insert “or— |
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| | (g) | on an appeal under, or by virtue of, Part 3 of the Childcare Act |
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| Schedule 2, page 60, line 39, at end insert— |
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| | ‘Criminal Justice and Court Services Act 2000 (c. 43) |
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| | 27B | In section 36 of the Criminal Justice and Court Services Act 2000 (meaning of |
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| | “regulated position”) in subsection (13) for paragraph (c) substitute— |
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| | “(c) | in relation to England— |
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| | (i) | a person registered under Part 3 of the Childcare Act |
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| | 2006, otherwise than as a childminder, for providing |
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| | care on premises on which the child is cared for, |
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| | (ii) | a person registered under Part 3 of that Act as a |
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| | childminder who is providing early years or later |
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| |
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| | years childminding (within the meaning of that Part |
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| | of that Act) for the child, |
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| | (ca) | in relation to Wales, a person registered under Part 10A of the |
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| | Children Act 1989 for providing day care on premises on |
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| | which the child is cared for, and”. |
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| | | In section 42 of the Criminal Justice and Court Services Act 2000 |
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| | (interpretation of Part 2) in subsection (1) for the definition of “day care |
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| | |
| | “ “day care premises” means— |
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| | (a) | in relation to England, premises in respect of which a person is |
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| | registered, otherwise than as a childminder, under Part 3 of the |
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| | |
| | (b) | in relation to Wales, premises in respect of which a person is |
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| | registered under Part 10A of the Children Act 1989 for providing |
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| Schedule 2, page 60, line 39, at end insert— |
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| | ‘Education Act 2002 (c. 32) |
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| | 27C | In section 153 of the Education Act 2002 (powers of LEA in respect of funded |
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| | |
| | (a) | in subsection (1), after “local education authority” insert “in Wales”, |
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| | |
| | (b) | in subsection (2)(a), omit “the Secretary of State or (as respects local |
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| | education authorities in Wales)”. |
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| | | In section 176 of the Education Act 2002 (consultation with pupils) in |
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| | subsection (3) for the definition of “pupil” substitute— |
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| | “ “pupil” does not include a child who is being provided with early years |
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| | education (whether at a school or elsewhere) and, for this purpose, |
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| | “early years education” means— |
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| | (c) | in relation to England, early years provision as defined by section |
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| | 20 of the Childcare Act 2006, and |
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| | (d) | in relation to Wales, nursery education.”.’. |
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| Schedule 2, page 60, line 39, at end insert— |
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| | ‘Children Act 2004 (c. 31) |
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| | 27D | In section 12 of the Children Act 2004 (information databases) in subsection |
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| | (8) for paragraph (a) substitute— |
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| | “(a) | a person registered under Part 3 of the Childcare Act 2006 |
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| | (regulation of provision of childcare in England);”.’. |
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| | Schedule, as amended, Agreed to. |
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| Schedule 3, page 61, line 16, column 2, leave out ‘ “maintained nursery school” ’. |
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| Schedule 3, page 62, line 21, column 2, at end insert— |
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| | ‘In section 105(5A)(b) the words “England and”.’. |
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| Schedule 3, page 62, line 22, at end insert— |
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| | | | | | | (a) | in paragraph (a), the words “England and”, |
| | | | | | | | | | (b) | in paragraph (c), the words “section 71 of the |
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| Schedule 3, page 62, line 34, at end insert— |
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| ‘Protection of Children Act 1999 |
| In section 9(2), the word “or” at the end of paragraph |
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| Schedule 3, page 62, line 34, at end insert— |
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| ‘Education Act 2002 (c. 32) |
| | | | | | | | | | | In section 153(2)(a) the words “the Secretary of State |
| | | | | or (as respects local authorities in Wales)”.’ |
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| Schedule 3, page 62, line 41, column 2, leave out ‘10(6) and 12’ and insert ‘and |
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| | Schedule, as amended, Agreed to. |
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| Clause 98, page 49, line 24, at end insert— |
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| | ‘(aa) | an order under section 6,’. |
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| Clause 98, page 49, line 24, at end insert— |
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| | ‘(ab) | regulations under section 7,’. |
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| Clause 98, page 49, line 24, at end insert— |
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| | ‘(ac) | an order under section 33,’. |
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| Clause 98, page 49, line 24, at end insert— |
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| | ‘(ad) | an order under section 34,’. |
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| Clause 98, page 49, line 24, at end insert— |
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| | ‘(ae) | an order under section 35,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(af) | an order under section 48,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(ag) | an order under section 51,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(ah) | an order under section 53,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(ai) | an order under section 58,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(aj) | an order under section 61,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(ak) | an order under section 62,’. |
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| Clause 98, page 49, line 25, at end insert— |
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| | ‘(al) | an order under section 66,’. |
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|