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Alternatives to prosecution for persons under 18 |
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1 | The Crime and Disorder Act 1998 (c. 37) has effect subject to the following |
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2 (1) | Section 65 (reprimands and warnings) is amended as follows. |
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(a) | for paragraph (b) substitute— |
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“(b) | the constable considers that there is sufficient |
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evidence to charge the offender with the offence;”, |
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(b) | in paragraph (d), after “an offence” insert “or given a youth |
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conditional caution in respect of an offence”, and |
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(c) | for paragraph (e) substitute “the constable does not consider that the |
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offender should be prosecuted or given a youth conditional |
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(3) | In subsection (3)(b) after “to be brought” insert “or a youth conditional |
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(4) | In subsection (6), in paragraph (a)(i) after “to be brought” insert “or a youth |
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conditional caution to be given”. |
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(5) | In subsection (7) for “In this section” substitute “In this Chapter”. |
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(6) | For subsection (8) (cautions not to be given to children or young persons) |
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“(8) | No caution, other than a youth conditional caution, shall be given to |
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a child or young person.” |
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3 | After section 66 insert— |
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“Youth conditional cautions |
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66A | Youth conditional cautions for offenders aged 16 or 17 |
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(1) | An authorised person may give a youth conditional caution to a |
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young person aged 16 or 17 (“the offender”) if— |
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(a) | the offender has not previously been convicted of an offence, |
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(b) | each of the five requirements in section 66B is satisfied. |
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(2) | In this Chapter, “youth conditional caution” means a caution which |
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is given in respect of an offence committed by the offender and |
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which has conditions attached to it with which the offender must |
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(3) | The conditions which may be attached to such a caution are those |
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which have one or more of the following objects— |
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(a) | facilitating the rehabilitation of the offender; |
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(b) | ensuring that the offender makes reparation for the offence; |
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(c) | punishing the offender. |
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(4) | The conditions that may be attached to a youth conditional caution |
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(a) | (subject to section 66C) a condition that the offender pay a |
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(b) | a condition that the offender attend at a specified place at |
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| “Specified” means specified by a relevant prosecutor. |
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(5) | Conditions attached by virtue of subsection (4)(b) may not require |
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the offender to attend for more than 20 hours in total, not including |
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any attendance required by conditions attached for the purpose of |
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facilitating the offender’s rehabilitation. |
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(6) | The Secretary of State may by order amend subsection (5) by |
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substituting a different figure. |
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(7) | In this section, “authorised person” means— |
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(b) | an investigating officer, or |
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(c) | a person authorised by a relevant prosecutor for the purposes |
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66B | The five requirements |
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(1) | The first requirement is that the authorised person has evidence that |
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the offender has committed an offence. |
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(2) | The second requirement is that a relevant prosecutor decides— |
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(a) | that there is sufficient evidence to charge the offender with |
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(b) | that a youth conditional caution should be given to the |
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offender in respect of the offence. |
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(3) | The third requirement is that the offender admits to the authorised |
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person that he committed the offence. |
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(4) | The fourth requirement is that the authorised person explains the |
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effect of the youth conditional caution to the offender and warns him |
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that failure to comply with any of the conditions attached to the |
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caution may result in his being prosecuted for the offence. |
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(5) | If the offender is aged 16, the explanation and warning mentioned in |
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subsection (4) must be given in the presence of an appropriate adult. |
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(6) | The fifth requirement is that the offender signs a document which |
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(a) | details of the offence, |
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(b) | an admission by him that he committed the offence, |
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(c) | his consent to being given the youth conditional caution, and |
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(d) | the conditions attached to the caution. |
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(1) | A condition that the offender pay a financial penalty (a “financial |
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penalty condition”) may not be attached to a youth conditional |
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caution given in respect of an offence unless the offence is one that is |
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prescribed, or of a description prescribed, in an order made by the |
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(2) | An order under subsection (1) must prescribe, in respect of each |
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offence or description of offence in the order, the maximum amount |
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of the penalty that may be specified under subsection (5)(a). |
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(3) | The amount that may be prescribed in respect of any offence must |
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(4) | The Secretary of State may by order amend subsection (3) by |
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substituting a different figure. |
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(5) | Where a financial penalty condition is attached to a youth |
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conditional caution, a relevant prosecutor must also specify— |
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(a) | the amount of the penalty; and |
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(b) | the person to whom the financial penalty is to be paid and |
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(6) | To comply with the condition, the offender must pay the penalty in |
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accordance with the provision specified under subsection (5)(b). |
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(7) | Where a financial penalty is (in accordance with the provision |
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specified under subsection (5)(b)) paid to a person other than a |
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designated officer for a local justice area, the person to whom it is |
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paid must give the payment to such an officer. |
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66D | Variation of conditions |
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A relevant prosecutor may, with the consent of the offender, vary the |
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conditions attached to a youth conditional caution by— |
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(a) | modifying or omitting any of the conditions; |
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66E | Failure to comply with conditions |
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(1) | If the offender fails, without reasonable excuse, to comply with any |
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of the conditions attached to the youth conditional caution, criminal |
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proceedings may be instituted against the person for the offence in |
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(2) | The document mentioned in section 66B(6) is to be admissible in such |
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(3) | Where such proceedings are instituted, the youth conditional |
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caution is to cease to have effect. |
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(4) | Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) |
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applies in relation to the conditions attached to a youth conditional |
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caution as it applies in relation to the conditions attached to a |
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conditional caution (within the meaning of Part 3 of that Act). |
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(5) | Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a |
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person who is arrested under section 24A(1) of that Act by virtue of |
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subsection (4) above as they apply in relation to a person who is |
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arrested under that section for failing to comply with any of the |
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conditions attached to a conditional caution (within the meaning of |
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66F | Restriction on sentencing powers where youth conditional caution |
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Where a person who has been given a youth conditional caution is |
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convicted of an offence committed within two years of the giving of |
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the caution, the court by or before which the person is so convicted— |
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(a) | may not make an order under section 12(1)(b) of the Powers |
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of Criminal Courts (Sentencing) Act 2000 (conditional |
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discharge) in respect of the offence unless it is of the opinion |
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that there are exceptional circumstances relating to the |
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offence or the offender which justify its doing so; and |
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(b) | where it does make such an order, must state in open court |
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that it is of that opinion and why it is. |
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66G | Code of practice on youth conditional cautions |
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(1) | The Secretary of State must prepare a code of practice in relation to |
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youth conditional cautions. |
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(2) | The code may, in particular, make provision as to— |
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(a) | the circumstances in which youth conditional cautions may |
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(b) | the procedure to be followed in connection with the giving of |
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(c) | the conditions which may be attached to such cautions and |
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the time for which they may have effect, |
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(d) | the category of constable or investigating officer by whom |
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such cautions may be given, |
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(e) | the persons who may be authorised by a relevant prosecutor |
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for the purposes of section 66A, |
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(f) | the form which such cautions are to take and the manner in |
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which they are to be given and recorded, |
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(g) | the places where such cautions may be given, |
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(h) | the provision which may be made by a relevant prosecutor |
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(i) | the monitoring of compliance with conditions attached to |
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(j) | the exercise of the power of arrest conferred by section 24A(1) |
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of the Criminal Justice Act 2003 (c. 44) as it applies by virtue |
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(k) | who is to decide how a person should be dealt with under |
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section 24A(2) of that Act as it applies by virtue of section |
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(3) | After preparing a draft of the code the Secretary of State— |
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(a) | must publish the draft, |
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(b) | must consider any representations made to him about the |
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(c) | may amend the draft accordingly, |
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| but he may not publish or amend the draft without the consent of the |
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(4) | After the Secretary of State has proceeded under subsection (3) he |
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must lay the code before each House of Parliament. |
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(5) | When he has done so he may bring the code into force by order. |
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(6) | The Secretary of State may from time to time revise a code of practice |
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brought into force under this section. |
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(7) | Subsections (3) to (6) are to apply (with appropriate modifications) to |
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a revised code as they apply to an original code. |
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Interpretation of Chapter 1 |
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(a) | “appropriate adult” has the meaning given by section 65(7); |
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(b) | “authorised person” has the meaning given by section |
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(c) | “investigating officer” means an officer of Revenue and |
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Customs, appointed in accordance with section 2(1) of the |
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Commissioners for Revenue and Customs Act 2005, or a |
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person designated as an investigating officer under section 38 |
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of the Police Reform Act 2002 (c. 30); |
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(d) | “the offender” has the meaning given by section 66A(1); |
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(e) | “relevant prosecutor” means— |
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(i) | the Attorney General, |
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(ii) | the Director of the Serious Fraud Office, |
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(iii) | the Director of Revenue and Customs Prosecutions, |
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(iv) | the Director of Public Prosecutions, |
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(v) | a Secretary of State, or |
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(vi) | a person who is specified in an order made by the |
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Secretary State as being a relevant prosecutor for the |
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purposes of this Chapter; |
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(f) | “youth conditional caution” has the meaning given by section |
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4 (1) | Section 114 (orders and regulations) is amended as follows. |
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(2) | In subsection (2) (which specifies orders that are subject to annulment in |
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pursuance of a resolution of either House of Parliament), for “or 10(6)” |
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substitute “10(6), 66C(1), 66G(5) or 66H(e)(vi)”. |
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(3) | After subsection (2) insert— |
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“(2A) | Subsection (2) also applies to a statutory instrument containing an |
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order under section 66C(4) unless the order makes provision of the |
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kind mentioned in subsection (3A) below.” |
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(4) | In subsection (3) (which specifies orders that may not be made unless a draft |
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has been approved by a resolution of each House of Parliament) after “41(6)” |
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(5) | After subsection (3) insert— |
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“(3A) | Subsection (3) also applies to an order under section 66C(4) which |
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makes provision increasing the figure in section 66C(3) by more than |
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is necessary to reflect changes in the value of money.” |
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