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[The page and line references are to HL Bill 47, the bill as first printed for the Lords.] |
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1 | Page 2, line 17, at end insert— |
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| ““prison” includes a young offender institution and a secure training |
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2 | Page 2, line 34, after “State” insert “under any enactment (whenever passed or |
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3 | Page 2, line 35, leave out “section” and insert “paragraph” |
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4 | Page 3, line 11, leave out subsection (6) |
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5 | Page 3, line 16, leave out from “(c. 30))” to end of line 17 |
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6 | Page 3, line 21, leave out “Secretary of State” and insert “probation boards and |
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7 | Page 3, line 28, leave out “designate individuals” and insert “authorise individuals |
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| under section 7(2) to act” |
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8 | Page 3, line 35, at end insert— |
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| “(3A) | If it appears to the Sectretary of State that sufficient provision of probation |
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| services is not being, or will not be, made in accordance with the |
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| arrangements under subsection (2), he shall— |
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| (a) | make contractural or other arrangements with any other person for |
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| the making of the probation provision; or |
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| (b) | make the probation provision himself.” |
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9 | Page 3, line 36, leave out from beginning to “, he” in line 37 and insert “Where the |
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| Secretary of State makes probation provision himself in accordance with |
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10 | Page 3, line 37, leave out from “himself,” to end of line 40 and insert “he shall make |
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| arrangements for the making of that probation provision (and for the avoidance of |
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| doubt the members of staff through whom he may act in making and carrying out |
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| those arrangements include prison officers or other persons employed at a |
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11 | Page 3, line 46, at end insert— |
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| “(6) | In carrying out their functions under this Part, and in particular in |
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| providing any assistance to the courts and to the Parole Board for England |
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| and Wales, providers of probation services and their officers shall ensure |
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| that such assistance does not give rise to any conflict of interest between |
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| their obligation to give such advice impartially and the financial interest of |
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12 | Insert the following new Clause— |
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| “Requirement for probation trusts and probation boards to prepare plans |
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| (1) | Each probation trust and probation board shall provide a plan for the |
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| forthcoming financial year at least four months before the commencement |
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| (2) | A plan submitted under subsection (1) shall set out for the trust or board— |
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| (a) | its anticipated probation service needs; |
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| (b) | from whom it proposes to commission services; and |
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| (c) | the cost of those services. |
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| (3) | Where the Secretary of State considers that sufficient provision will not be |
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| made, he may modify the plan. |
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| (4) | Any modifications made by the Secretary of State shall be made no later |
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| than one month before the start of the financial year covered by the plan.” |
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13 | Page 4, line 2, leave out “3(2)” and insert “3” |
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14 | Page 4, line 42, leave out subsections (6) and (7) |
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15 | Insert the following new Clause— |
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| “National standards for the management of offenders |
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| (1) | The Secretary of State shall continue to publish national standards for the |
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| (2) | The national standards may in particular include standards relating to the |
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| management of offenders held in custody. |
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| (3) | In exercising his powers under section 3(2) the Secretary of State shall have |
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| regard to the need to secure, so far as practicable, that the arrangements in |
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| force from time to time provide for the national standards to have the same |
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| effect in relation to every provider of probation services carrying out the |
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| activities to which the standards apply.” |
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16 | Insert the following new Clause— |
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| (1) | The Secretary of State shall at least once in every year consult the Welsh |
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| Ministers, and such other persons as he thinks fit, about the provision that |
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| should be made for the purposes mentioned in section 2(1) for the |
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| (2) | The Secretary of State shall, before the end of each year, publish an annual |
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| plan for the following year which sets out the way in which the Secretary |
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| (a) | discharge his functions under section 2(1) and (2) during that year; |
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| (b) | carry out any arrangements which he expects to be in force under |
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| section 3(4) for that year. |
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| (3) | The Secretary of State shall have regard to the annual plan published under |
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| subsection (2) for any year— |
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| (a) | in discharging his functions under section 2(1) and (2) during that |
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| (b) | in making or carrying out arrangements under section 3(3A) or (4) |
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| (4) | Arrangements made by the Secretary of State under section 3(3A) or (4) |
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| with a person other than a probation trust shall, if the Secretary of State |
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| thinks fit, require that person to publish an annual plan for each year in |
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| which it expects to carry out any specified activities. |
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| “annual plan” means a plan setting out the way in which the person |
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| required to publish the plan proposes to carry out any specified |
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| activities during the year to which the plan relates; |
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| “specified activities”, in relation to a person with whom arrangements |
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| under section 3(4) or (5) are made, means activities of a description |
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| specified in those arrangements for the purposes of subsection (4) |
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| (6) | In this section “year” means a period of 12 months ending with 31st |
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17 | Page 5, line 14, leave out from “under” to end of line 16 and insert “subsection (2) |
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| (and “officer”, in relation to a particular provider of probation services, means a |
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| person so authorised to act as an officer of that provider).” |
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18 | Page 5, line 17, leave out “as an officer of the relevant provider”and insert “to act |
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| as an officer of a particular provider of probation services (“the relevant |
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19 | Page 5, line 23, leave out subsection (4) |
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20 | Insert the following new Clause— |
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| “National framework for qualifications of officers |
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| (1) | The Secretary of State may publish guidelines about any qualifications, |
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| experience or training required to perform the work of an officer of a |
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| provider of probation services. |
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| (2) | The Secretary of State must publish guidelines under subsection (1) in |
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| relation to work involving the supervision of offenders and other work |
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| requiring direct contact with offenders (including offenders held in |
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| (3) | Guidelines under this section may make different provision for different |
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| (4) | In exercising his powers under section 3(2) and (4) and 7 the Secretary of |
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| State shall have regard to the need to secure, so far as practicable, that |
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| guidelines published under this section have the same effect in relation to |
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| every provider of probation services whose officers perform work to which |
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21 | Page 8, line 2, leave out “(whenever passed or made)” and insert “passed or made |
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| before the end of the Session in which this Act is passed” |
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22 | Insert the following new Clause— |
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| “Procedure for orders under section 12 |
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| (1) | The Secretary of State must not make an order under section 12 unless— |
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| (a) | a draft of the order has been laid before and approved by a |
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| resolution of each House; and |
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| (b) | each of the resolutions for approving the draft was agreed more |
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| than 60 days after the day on which the draft was laid before the |
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| (2) | No draft order under section 12 is to be laid before Parliament unless— |
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| (a) | the Secretary of State has prepared and published a report |
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| containing a proposal for the making of such provision; |
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| (b) | the report sets out the Secretary of State’s reasons for making the |
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| (c) | the report has been laid before Parliament and each House has |
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| approved the proposal contained in the report, either with or |
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| without modifications; and |
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| (d) | the draft order gives effect to the proposal so far as approved by |
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| (3) | An approval given in either House satisfies the requirements of subsection |
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| (2)(c) only if it was given in that House on the first occasion on which a |
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| motion for the approval of the proposal was made in that House by a |
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| Minister of the Crown after— |
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| (a) | the laying of the report; or |
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| (b) | if more than one report containing that proposal has been laid |
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| before that House, the laying of the one laid most recently. |
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| (4) | In reckoning a period of 60 days for the purposes of subsection (1), no |
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| account shall be taken of a day for which— |
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| (a) | Parliament is dissolved or prorogued; or |
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| (b) | the House in question is adjourned as part of an adjournment for |
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23 | Insert the following new Clause— |
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| (1) | Within a period of six months of the coming into force of this Act, the |
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| Secretary of State shall lay a report before both Houses of Parliament |
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| (a) | a review of the proposals contained within the report published on |
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| 11th December 2003 “Managing Offenders, Reducing Crime: A |
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| (b) | the collated responses to the consultation document “Restructuring |
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| Probation to Reduce Re-Offending”; |
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| (c) | a review of the responses referred to in paragraph (b); and |
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| (d) | proposals for reform of the Probation Service. |
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| (2) | The Secretary of State must include in a report under subsection (1) |
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| notification of when he will exercise his power under section 38(1A).” |
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24 | Page 12, line 25, at end insert— |
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| “(4A) | The reference in paragraph (b), (c) or (d) of list B to a device of any |
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| description includes a reference to— |
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| (a) | a component part of a device of that description; or |
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| (b) | an article designed or adapted for use with a device of that |
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| description (including any disk, film or other separate article on |
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| which images, sounds or information may be recorded).” |
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25 | Page 13, line 3, at end insert “prison rules or by” |
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26 | Page 13, line 6, at end insert— |
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| | “In paragraph (a) “specified” means specified in the authorisation.” |
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27 | Page 15, line 32, at end insert— |
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| | “In paragraph (a) “specified” means specified in the authorisation.” |
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28 | Insert the following new Clause— |
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| “Independent monitoring boards |
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| (1) | The boards appointed under section 6 of the Prison Act 1952 (c. 52) (boards |
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| of visitors) are renamed as independent monitoring boards. |
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| (2) | Accordingly, in section 6 of that Act— |
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| (a) | for the sidenote there is substituted “Independent monitoring |
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| (b) | in subsection (2), for “board of visitors” there is substituted “group |
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| of independent monitors”; |
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| (c) | after subsection (2) there is inserted— |
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| “(2A) | The groups so appointed are to be known as independent |
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| (d) | in subsection (3), for “boards of visitors” there is substituted |
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| “independent monitoring boards” and for “a board of visitors” |
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| there is substituted “an independent monitoring board”. |
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| (3) | In section 6(2) of that Act the words from “of whom” to the end cease to |
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29 | Page 19, line 18, at end insert— |
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| “(8) | The power to make rules under subsection (6) is exercisable by statutory |
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| instrument subject to annulment in pursuance of a resolution of either |
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30 | Page 21, line 1, leave out paragraph (b) |
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31 | Page 21, line 7, leave out paragraph (b) |
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32 | Page 21, line 13, leave out paragraph (b) |
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33 | Page 21, line 16, leave out subsection (5) |
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35 | Page 23, line 1, leave out “under” and insert “or regulations under— |
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| ( ) | section 5(1) or (3)(c),” |
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36 | Page 23, line 10, leave out “5(1) or” |
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37 | Page 23, line 40, after “Session” insert “after that” |
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