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| Clause 79, page 43, line 25, at end insert— |
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| | ‘(2A) | No order made by the Secretary of State shall amend or repeal any provision of |
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| Clause 79, page 43, line 26, after ‘58(3)’, insert ‘, 63,’. |
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| Clause 79, page 43, line 26, leave out ‘or paragraph 100 of Schedule 8’. |
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| Clause 79, page 43, line 27, leave out from ‘8,’ to end of line 28 and insert ‘except |
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| under the super-affirmative resolution procedure as set out in section 18 of the Legislative |
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| and Regulatory Reform Act 2006 (c. 51).’. |
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| Clause 79, page 43, line 29, leave out subsections (4) and (5). |
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| Clause 79, page 43, line 34, leave out ‘or 63’. |
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| Clause 80, page 44, line 6, leave out subsection (2). |
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| Page 44, line 1, leave out Clause 80. |
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| Schedule 14, page 121, line 41, at end insert— |
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| | ‘ (1) | This paragraph applies where, in any proceedings— |
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| | (a) | a person (“D”) is charged in respect of the same act both with an |
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| | offence under section 41 and with the common law offence of inciting |
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| | the commission of another offence; |
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| | (b) | the only thing preventing D from being found guilty of the offence |
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| | under section 41 is the fact that it has not been proved beyond |
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| | reasonable doubt that the time when the act took place was after the |
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| | coming into force of that section; and |
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| | (c) | the only thing preventing D from being found guilty of the common |
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| | law offence is that it has not been proved beyond reasonable doubt that |
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| | that time was before the coming into force of section 55. |
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| | (2) | For the purpose of determining D’s guilt it shall be conclusively presumed that |
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| | the time when the act took place was before the coming into force of section |
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| | Code of practice for disclosure of information to prevent fraud |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must prepare, and keep under review, a code of practice |
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| | with respect to the disclosure, for the purposes of preventing fraud or a particular |
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| | kind of fraud, of information by public authorities as members of specified anti- |
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| | fraud organisations or otherwise in accordance with any arrangements made by |
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| | (2) | Before preparing or altering the code, the Secretary of State must consult— |
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| | (a) | any specified anti-fraud organisation; |
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| | (b) | the Information Commissioner; and |
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| | (c) | such other persons as the Secretary of State considers appropriate. |
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| | (3) | A public authority must have regard to the code in (or in connection with) |
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| | disclosing information, for the purposes of preventing fraud or a particular kind |
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| | of fraud, as a member of a specified anti-fraud organisation or otherwise in |
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| | accordance with any arrangements made by such an organisation. |
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| | (4) | Nothing in this section applies in relation to any disclosure by a relevant public |
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| | authority of information whose subject-matter is a matter about which provision |
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| | would be within the legislative competence of the Scottish Parliament if it were |
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| | included in an Act of the Scottish Parliament. |
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| | (5) | The Secretary of State must— |
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| | (a) | lay a copy of the code, and of any alterations to it, before Parliament; and |
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| | (b) | from time to time publish the code as for the time being in force. |
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| | “information” and “public authority” have the same meaning as in section |
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| | “relevant public authority” has the meaning given by section 63(6); and |
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| | “specified anti-fraud organisation” means any person which is a specified |
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| | anti-fraud organisation for the purposes of section 63.’. |
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| | Institution of proceedings for an offence under this Part |
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| To move the following Clause:— |
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| | ‘(1) | Any provision to which this section applies has effect with respect to an offence |
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| | under this Part as it has effect with respect to the anticipated offence. |
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| | (2) | This section applies to provisions made by or under an enactment (whenever |
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| | (a) | provide that proceedings may not be instituted or carried on otherwise |
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| | than by, or on behalf or with the consent of, any person (including any |
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| | provision which also makes exceptions to the prohibition); |
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| | (b) | confer power to institute proceedings; |
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| | (c) | confer power to seize and detain property; |
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| | (d) | confer a power of forfeiture, including any power to deal with anything |
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| | (3) | In relation to an offence under section 43— |
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| | (a) | the reference in subsection (1) to the anticipated offence is to be read as |
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| | a reference to any offence specified in the indictment; and |
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| | (b) | each of the offences specified in the indictment must be an offence in |
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| | respect of which the prosecutor has power to institute proceedings. |
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| | (4) | Any consent to proceedings required as a result of this section is in addition to |
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| | any consent required by section 50.’. |
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| | No individual liability in respect of corporate manslaughter |
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| To move the following Clause:— |
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| | ‘In section 18 of the Corporate Manslaughter and Corporate Homicide Act 2007 |
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| | (c. 00) (no individual liability for offences under that Act) after subsection (1) |
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| | “(1A) | An individual cannot be guilty of an offence under Part 2 of the Serious |
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| | Crime Act 2007 (encouraging or assisting crime) by reference to an |
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| | offence of corporate manslaughter.”’. |
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| To move the following Clause:— |
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| | ‘Nothing in this Part authorises— |
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| | (a) | the disclosure of data contained in— |
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| | (i) | the National Identity Register (as defined in the Identity Cards |
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| | (ii) | any database established pursuant to section 12 of the Children |
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| | Act 2004 (c. 31) (information databases), or |
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| | (b) | the use of such data in data matching exercises.’. |
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| To move the following Clause:— |
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| | ‘(1) | The relevant applicant authority shall inform the High Court in England and |
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| | Wales of any change in circumstance which may entitle the person who is subject |
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| | to the order to apply for a variation or discharge. |
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| | (2) | The relevant applicant authority shall inform the High Court in Northern Ireland |
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| | of any change in circumstance which may entitle the person who is subject to the |
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| | order to apply for a variation or discharge.’. |
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| To move the following Clause:— |
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| | ‘(1) | On the expiration of an order the court shall make a new order to the same or |
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| | (a) | on the presentation by the applicant authority of new evidence not used |
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| | as the basis for the original order; and |
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| | (b) | after a review has been undertaken by the Director of Public Prosecutions |
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| | of the possibility of criminal prosecution; |
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| | | the court has reasonable grounds to believe that the making of the order would |
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| | protect the public by preventing, restricting or disrupting involvement, by the |
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| | person who is the subject of the order, in serious crime in England and Wales.’. |
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| | Restrictions relating to renewal of orders |
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| To move the following Clause:— |
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| | ‘A person who has been the subject of an order under section 1 may not be the |
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| | subject of a second order in the absence of a criminal conviction.’. |
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| | Central record of serious crime prevention orders |
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| To move the following Clause:— |
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| | ‘A detailed central record shall be kept of every order made, varied or discharged |
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| | Review of serious crime prevention orders |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must appoint a person (“the independent reviewer”) to |
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| | conduct an independent review of the operation of this Part. |
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| | (2) | In conducting a review under subsection (1) above the independent reviewer shall |
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| | have regard to the desirability of minimising the use of serious crime prevention |
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| | orders except where they are necessary to protect the public by preventing, |
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| | restricting or disrupting involvement in serious crime in circumstances where |
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| | prosecutions cannot otherwise be pursued. |
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| | (3) | The independent reviewer must send the Secretary of State a report on the |
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| | outcome of a review under subsection (1) before the end of a period of 12 months |
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| | beginning with the day on which this Act is passed, and before the end of each |
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| | subsequent period of 12 months beginning with the day on which the first report |
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| | was sent to the Secretary of State. |
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| | (4) | The Secretary of State must lay before Parliament a copy of each report received |
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| | under subsection (3) above.’. |
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| | Limitation of serious crime prevention orders |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of this Act and any orders made under it shall expire at the end of the period |
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| | of 12 months beginning with the day on which this Act is passed unless the |
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| | Secretary of State makes a renewal order under subsection (2) below. |
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| | (2) | No renewal order may be made by the Secretary of State unless it has been laid |
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| | before, and approved by a resolution of, each House of Parliament. |
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| | (3) | A renewal order made under subsection (2) above shall expire at the end of the |
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| | period of 12 months beginning with the day on which the order is made unless it |
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| | is renewed by a further renewal order. |
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| | (4) | No order may be made under this section unless a report has been laid before |
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| | Parliament under section [Review of serious crime prevention orders] above.’. |
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| | Proceeds of crime (criminal lifestyle) |
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| To move the following Clause:— |
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| | ‘(1) | Section 75 of the Proceeds of Crime Act 2002 (c. 29) (criminal lifestyle) is |
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| | (2) | In subsection (2)(c), for “six months” substitute “three years”. |
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| | (3) | In subsection (3)(a)— |
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| | (a) | for “in the proceedings” substitute “prior to the proceedings”, and |
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| | (b) | after “benefited”, insert “, and each of those offences was committed |
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| | (4) | In subsection (3)(b)— |
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| | (a) | for “two separate occasions” substitute “three separate occasions”, and |
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| | (b) | after “benefited”, insert “, and at least one of those offences was |
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| | committed after 24th March 2003 and before the date of any of the |
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| | offences under section 6(2) of this Act”. |
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| | (5) | In subsection (4) for “£5,000” substitute “£20,000”. |
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| Title, line 9, after ‘warrants’, insert ‘and in relation to criminal lifestyle’. |
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| | Order of the House [12th June 2007] |
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| | That the following provisions shall apply to the Serious Crime Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
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| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | concluded) be brought to a conclusion on Tuesday 10th July 2007. |
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| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of any message from the Lords) may be programmed. |
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| | Order of the Committee [26th june 2007] |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday |
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| | (a) | at 4.30 p.m. on Tuesday 26th June; |
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| | (b) | at 9.00 a.m. and 2.00 p.m. on Thursday 28th June; |
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| | (c) | at 10.30 a.m. and 4.30 p.m. on Tuesday 3rd July; |
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| | (d) | at 9.00 a.m. and 2.00 p.m. on Thursday 5th July; |
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| | (e) | at 10.30 a.m. and 4.30 p.m. on Tuesday 10th July; |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 3; |
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| | Schedule 1; Clause 4; Schedule 13; Clauses 5 to 36; Schedule 2; Clauses 37 |
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| | to 46; Schedule 3; Clauses 47 to 49; Schedule 4; Clauses 50 to 56; Schedule |
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| | 5; Clauses 57 and 58; Schedule 6; Clauses 59 to 67; Schedule 7; Clause 68; |
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| | Schedules 8 and 9; Clauses 69 to 71; Schedule 10; Clauses 72 and 73; |
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| | Schedule 11; Clauses 74 to 77; Schedule 12; Clauses 78 to 81; Schedule 14; |
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| | Clause 82; Schedule 15; Clauses 83 to 85; new Clauses; new Schedules; |
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| | remaining proceedings on the Bill; |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 7.00 p.m. on Tuesday 10th July. |
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