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| | | (c) | the reference in subsection (3A) to an order specified in |
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| | | subsection (3B) shall be construed as a reference to an order |
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| | | under Article 5(1) of the Life Sentences (Northern Ireland) Order |
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| | Schedule 6, page 158, line 38, leave out ‘send’ and insert ‘lay’. |
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| | Schedule 6, page 158, line 38, leave out ‘to the Secretary of State’ and insert |
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| | ‘before both Houses of Parliament’. |
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| | Schedule 6, page 159, line 1, leave out ‘Secretary of State’ and insert |
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| | Clause 30, page 21, line 28, at end insert ‘; or |
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| | | (c) | a matter related to the provision of health care’. |
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| | Clause 30, page 21, line 29, leave out subsection (4). |
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| | Clause 30, page 22, line 3, at end insert— |
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| | | ‘(6A) | The Secretary of State may by order provide that matters of a particular |
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| | | description are, or are not, to be regarded for the purposes of subsection (3)(c) as |
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| | | matters related to the provision of health care.’. |
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| | Clause 30, page 22, line 4, leave out subsection (7). |
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| | Clause 30, page 22, line 15, at end insert— |
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| | | ‘(11) | For the purpose of determining whether a part of a complaint is eligible for the |
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| | | purposes of this Part, any reference in this section (apart from subsection (8)) to |
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| | | a complaint may be read as including a reference to a part of a complaint.’. |
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| | |
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| | Schedule 7, page 160, line 1, leave out from first ‘under’ to end of line 2 and insert |
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| | |
| | | (a) | the Immigration Act 1971 (c. 77); |
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| | | (b) | section 62 of the Nationality, Immigration and Asylum Act 2002; or |
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| | | (c) | section 36 of the UK Borders Act 2007 (c.30).’. |
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| | Clause 31, page 22, line 17, after ‘ineligible’ insert ‘by virtue of this section’. |
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| | Clause 31, page 22, line 21, leave out ‘one year’ and insert ‘3 years’. |
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| | Clause 31, page 22, line 21, leave out ‘relevant person’ and insert ‘complainant’. |
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| | Clause 31, page 22, line 29, leave out ‘three’ and insert ‘12’. |
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| | Clause 31, page 22, line 38, at end insert— |
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| | | ‘(5) | For the purpose of determining whether a part of a complaint is ineligible by |
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| | | virtue of this section, any reference in this section to a complaint may be read as |
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| | | including a reference to a part of a complaint.’. |
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| | Clause 32, page 22, line 44, at end insert— |
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| | ‘The duty under paragraph (b) is subject to the following provisions of this section.’. |
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| | | |
| | Clause 32, page 23, line 8, leave out subsections (4) to (6) and insert— |
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| | | ‘(4) | The Commissioner shall reject the whole or any part of the complaint if— |
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| | | (a) | when considering the eligibility of the complaint under subsection (2), or |
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| | | (b) | at any time before the complaint has been fully dealt with, |
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| | | | the Commissioner decides that the complaint or part of the complaint is ineligible. |
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| | | (5) | The Commissioner need not decide that the whole or part of the complaint is |
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| | | ineligible so long as the Commissioner considers that it is or might be eligible. |
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| | | (6) | The Commissioner may (for any reason not relating to eligibility) decline to take, |
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| | | defer or stop taking action to deal with the whole or any part of the complaint. |
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| | | (6A) | Where the Commissioner— |
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| | | (a) | rejects part of a complaint, or |
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| | | (b) | declines to take or stops taking action to deal with part of a complaint, |
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| | | | the rest of the complaint shall be dealt with subsequently as if it were the |
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| | | complaint made by the complainant. |
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| | | |
| | | (a) | the whole or any part of a complaint has been rejected, or |
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| | | (b) | a power under subsection (6) has been exercised, |
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| | | | the Commissioner may decide to re-open (and take action or further action under |
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| | | subsection (3) to deal with) the whole or any part of the complaint. |
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| | | (6C) | But a complaint or part of a complaint may not be re-opened unless the |
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| | | Commissioner considers that it is or might be eligible. |
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| | | (6D) | Where part of a complaint is re-opened it may be dealt with subsequently as if it |
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| | | were a separate complaint made by the complainant.’. |
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| | Clause 32, page 23, line 8, leave out ‘before’ and insert ‘after’. |
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| | Clause 32, page 23, line 27, after ‘complainant’, insert ‘in writing’. |
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| | Clause 32, page 23, line 30, after ‘Notification’, insert ‘to persons other than the |
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| | Clause 32, page 23, line 25, after ‘the’ insert ‘whole or any part of the’. |
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| | Clause 32, page 23, line 26, leave out ‘(5)(a), (b) or (c)’ and insert ‘(6) or (6B)’. |
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| | Clause 33, page 23, line 43, at beginning insert ‘not’. |
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| | Clause 35, page 25, line 4, at end insert ‘, including an offence under the Corporate |
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| | Schedule 8, page 160, line 26, leave out from first ‘under’ to end of line 27 and |
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| | |
| | | (a) | the Immigration Act 1971 (c. 77); |
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| | | (b) | section 62 of the Nationality, Immigration and Asylum Act 2002 (c. 41); |
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| | | |
| | | (c) | section 36 of the UK Borders Act 2007 (c.30).’. |
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| | Schedule 8, page 160, line 30, after ‘premises’ insert ‘or in Scotland’. |
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| | Schedule 8, page 160, line 38, after ‘premises’ insert ‘or in Scotland’. |
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| | | |
| | Clause 36, page 26, line 2, at end add— |
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| | | ‘(8) | A report published by the Commissioner, whether or not published with the |
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| | | consent of a complainant or his personal representatives, and a fair and accurate |
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| | | report published by another person of any such report if published |
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| | | contemporaneously, are for the purposes of the law of defamation published on |
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| | | an occasion of absolute privilege.’. |
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| | Clause 37, page 26, line 6, leave out subsection (2). |
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| | Clause 37, page 26, line 46, leave out subsection (7). |
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| | Clause 37, page 27, line 7, leave out subsection (10). |
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| | | |
| | Page 26, line 3, leave out Clause 37. |
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| | Clause 38, page 27, line 32, leave out from beginning to ‘Commissioner’ and |
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| | |
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| |
| | |
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| |
| | | ‘( ) | This section applies where the Commissioner has carried out an investigation |
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| | | following a request by the Secretary of State under section 37. |
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| | | |
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| | | |
| | Clause 38, page 27, leave out lines 42 to 44 and insert— |
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| | | ‘(3) | Where the investigation relates to a death or matters connected with a death, the |
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| | | name of the deceased person must not be published under subsection (2)(c) |
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| | | without the consent of a personal representative of that person.’. |
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| | |
| | |
| | | |
| | Clause 42, page 30, line 11, leave out from beginning of line to ‘this’ in line 12 and |
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| | insert ‘The power under section 123(2)(c) to make consequential provision in an order |
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| | under subsection (8) includes power to modify’. |
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| | |
| | | |
| | Clause 42, page 30, line 13, at end insert ‘, whenever passed or made’. |
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| | |
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| | Clause 44, page 31, line 41, leave out subsection (8). |
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| | |
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| | | |
| | Clause 46, page 32, line 27, at end add— |
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| | | ‘(3) | Information obtained from a listed person (within the meaning of section 42) |
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| | | must not be notified under this section unless the Commissioner has consulted the |
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| | | |
| | |
| | |
| | | |
| | Clause 50, page 33, line 37, leave out from ‘means’ to end of line 38 and insert ‘any |
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| | prison, young offender institution, secure training centre or approved premises in England |
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| | Clause 50, page 34, leave out line 2 and insert— |
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| | | ‘“eligible”, in relation to a complaint or part of a complaint, means eligible |
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| | | for the purposes of this Part in accordance with section 30 (and cognate |
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| | | expressions are to be construed accordingly);’. |
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| | |
| | | |
| | Clause 50, page 34, line 32, leave out subsection (3) and insert — |
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| | | ‘(3) | A reference in any provision of this Part to the High Court is— |
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| | | ‘(a) | in so far as the provision extends to England and Wales only, a reference |
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| | | to the High Court of England and Wales; and |
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| | | (b) | in so far as the provision extends to England and Wales, Scotland and |
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| | | Northern Ireland, a reference to the High Court of England and Wales, |
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| | | the Court of Session or the High Court of Northern Ireland, as the case |
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| | | |
| | |
| | | |
| | Clause 50, page 34, line 38, at end insert— |
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| | | ‘( ) | Any power under this Part to make an order modifying a provision of any |
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| | | legislation includes power to amend, repeal or revoke that provision.’. |
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| | |
| | |
| | | |
| | Schedule 10, page 164, line 19, at end insert ‘in England and Wales’. |
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| | |
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| | | |
| | Schedule 10, page 165, line 2, at end add— |
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| | | ‘A local authority in any part of the United Kingdom which owns or |
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| | | manages secure accommodation.’. |
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| | |
| | |
| | | |
| | Clause 51, page 35, line 25, at end insert — |
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| | | ‘(7A) | Nothing in this section authorises an order under this section to make provision |
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| | | that would be within the legislative competence of the Scottish Parliament if it |
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| | | were contained in an Act of that Parliament.’. |
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| | |
| | | |
| | Clause 51, page 35, line 26, leave out from beginning of line to ‘subordinate’ in |
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|
