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| | as if, in subsection (4), for the definition of “relevant lawyer” there |
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| | ““relevant lawyer” means counsel or a solicitor;”; and |
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| | (b) | section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as |
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| | substituted by paragraph 15 of that Schedule and as referred to in |
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| | subsection (6) of the section 4A of that Act substituted by paragraph |
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| | 16 of that Schedule) has effect as if, in subsection (4), for the definition |
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| | of “relevant lawyer” there were substituted— |
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| | ““relevant lawyer” means counsel or a solicitor;”. |
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| | (3) | In this paragraph “the relevant provisions of the Legal Services Act 2007” |
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| | means the provisions of that Act which provide, for the purposes of that Act, |
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| | for a person to be an authorised person in relation to an activity which |
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| | constitutes the exercise of a right of audience (within the meaning of that |
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| Schedule 22, page 231, line 32, at end insert— |
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| | Persistent sales of tobacco to persons under 18 |
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| | 26 | The new sections 12A and 12B inserted into the Children and Young Persons |
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| | Act 1933 (c. 12) by section (Persistent sales of tobacco to persons under 18) |
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| | do not apply where any of the offences mentioned in those new sections were |
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| | committed before the commencement of that section.’. |
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| Schedule 22, page 231, line 32, at end insert— |
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| | 27 | The amendment made by sub-paragraph (1) of paragraph 12B of Schedule 21 |
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| | is not to be read as affecting the validity of any supplementary, incidental, |
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| | consequential, transitional, transitory or saving provisions included in orders |
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| | or regulations made by the Secretary of State under the Sexual Offences Act |
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| | 2003 before the commencement of that sub-paragraph.’. |
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| Schedule 23, page 232, line 15, at end insert— |
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| ‘Social Work (Scotland) Act 1968 |
| In section 94(1), in the definition of “supervision |
| | | | | order”, the words “the Powers of Criminal Courts |
| | | | | (Sentencing) Act 2000 or”.’. |
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| Schedule 23, page 232, line 16, column 2, at beginning insert— |
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| Schedule 23, page 232, line 17, at end insert— |
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| ‘Northern Ireland (Modification of |
| In Schedule 1, the entry relating to section 25(2) of |
| | | | Enactments — No. 1) Order |
| the Children and Young Persons Act 1969. |
| | | | | | | | | Transfer of Functions (Local |
| In Schedule 2, the entry relating to section 25 of the |
| | | | Government, etc.) (Northern |
| Children and Young Persons Act 1969.’. |
| | | | Ireland) Order 1973 (S.R. & O. |
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| Schedule 23, page 233, line 2, column 2, leave out ‘paragraph’ and insert |
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| Schedule 23, page 233, line 11, column 2, at end insert— |
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| | ‘In Schedule 13, paragraph 35(3).’. |
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| Schedule 23, page 233, line 19, at end insert— |
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| ‘Children (Prescribed Orders — |
| | | | | Northern Ireland, Guernsey and |
| (a) | sub-paragraph (a)(ii); |
| | | | Isle of Man) Regulations 1991 |
| (b) | sub-paragraph (b)(i), (ii), (iv) and (v); and |
| | | | | (c) | sub-paragraph (c)(ii) and (iii).’. |
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| Schedule 23, page 233, line 20, column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’. |
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| Schedule 23, page 233, line 21, at end insert— |
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| ‘Children (Northern Ireland |
| | | | | Consequential Amendments) |
| | | | | Order 1995 (S.I. 1995/ 756) |
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| Schedule 23, page 234, line 42, column 2, after ‘33,’ insert ‘, 34(b)’. |
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| Schedule 23, page 234, line 42, column 2, after ‘33,’ insert ‘, 39’. |
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| Schedule 23, page 234, column 2, leave out line 43 and insert ‘, 131 and 132’. |
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| Schedule 23, page 235, line 8, column 2, after ‘paragraphs’ insert ‘37(b),’. |
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| Schedule 23, page 235, line 40, column 2, at end insert ‘14,’. |
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| Schedule 23, page 235, line 41, column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and |
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| Schedule 23, page 235, line 42, column 2, after ‘129’ insert ‘, 131(3)’. |
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| Schedule 23, page 236, line 18, column 2, at end insert— |
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| Schedule 23, page 236, line 46, at end insert— |
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| ‘Criminal Justice Act 2003 |
| Paragraph 30 of Schedule 2.’. |
| | | | | | | | | | | | | | Provisions) Order 2005 (S.I. |
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| Schedule 23, page 237, line 18, column 2, at beginning insert— |
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| Schedule 23, page 237, column 2, leave out lines 18 to 20. |
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| Schedule 23, page 237, line 36, at end insert— |
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| ‘Public Order Act 1986 (c. 64) |
| | | | | | | | | | | (a) | in subsection (1), the words “in England and |
| | | | | | | | | | | | | | | | | | | | (a) | in subsection (2)(a), the words “in the case of |
| | | | | an order made in proceedings in England and |
| | | | | | | | | | (b) | subsections (2)(b) and (4). |
| | | | | In section 29L(1) and (2), the words “in England and |
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| Schedule 23, page 237, line 37, column 2, at end insert— |
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| | ‘In Schedule 2, in paragraph 1(d), the words “in |
| | | | | relation to a photograph or pseudo-photograph |
| | | | | showing a child under 16”.’. |
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| Schedule 23, page 238, line 15, column 2, at end insert— |
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| | ‘In section 54(2), the words “and the Central Police |
| | | | | Training and Development Authority”.’. |
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| Schedule 23, page 238, leave out line 31. |
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| Schedule 23, page 239, line 20, column 2, leave out ‘paragraph 73’ and insert |
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| Schedule 23, page 239, line 20, at end add— |
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| | |
| | | | | | Police and Justice Act 2006 (c.48) |
| | | | | | In Schedule 13, paragraphs 4 to 6 |
| | | | | together with the cross heading |
| | | | | immediately preceding them.’. |
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| Clause 127, page 84, line 15, after ‘follows’ insert ‘and to any other provision of |
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| Clause 127, page 84, line 15, at end insert— |
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| | ‘(1A) | Subsection (1) does not apply to Part 4, the following provisions of which extend |
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| | to England and Wales only— |
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| | (a) | paragraphs 1 to 5, 8 and 9 of Schedule 7 and sections 30 to 34, so far as |
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| | relating to complaints about matters falling within any of paragraphs 1 to |
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| | |
| | (b) | paragraphs 1 to 4 of Schedule 8 and sections 35 and 36, so far as relating |
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| | to deaths falling within any of those paragraphs; |
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| | (c) | section 37(3)(a) to (f); |
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| | (d) | sections 37(apart from subsection (3)(a) to (h)) and 38, so far as relating |
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| | to requests by the Secretary of State which specify matters which— |
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| | (i) | relate to events which have (or may have) occurred as mentioned |
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| | in any of paragraphs (a) to (f) of section 37(3); or |
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| | (ii) | the Secretary of State considers are (or may be) linked to such |
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| | (e) | sections 39 to 41, so far as relating to investigations of complaints, deaths |
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| | or requests mentioned in paragraph (a), (b) or (d) above; |
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| | (f) | sections 43 and 47, so far as relating to complaints mentioned in |
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| | paragraph (a) above or investigations of deaths or requests mentioned in |
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| | paragraph (b) or (d) above.’. |
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| | |
| Clause 127, page 84, line 18, leave out paragraph (a) and insert— |
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| | ‘(a) | sections 29, 37(3)(g) and (h), 42, 44 to 46, 48 (subject to subsection (5)), |
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| | 49 to 52 and Schedule 10; |
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| | (aa) | paragraphs 6 and 7 of Schedule 7 and sections 30 to 34, so far as relating |
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| | to complaints about matters falling within either of those paragraphs; |
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| | (ab) | paragraphs 4 to 6 of Schedule 8 and sections 35 and 36, so far as relating |
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| | to deaths falling within any of those paragraphs; |
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| |
|
| | (ac) | sections 37 (apart from subsection (3)(a) to (h)) and 38, so far as relating |
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| | to requests by the Secretary of State which specify matters which— |
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| | (i) | relate to events which have (or may have) occurred as mentioned |
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| | in paragraph (g) or (h) of section 37(3); or |
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| | (ii) | the Secretary of State considers are (or may be) linked to such |
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| | |
| | (ad) | sections 39 to 41, so far as relating to investigations of complaints, deaths |
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| | or requests mentioned in paragraph (aa), (ab) or (ac) above; |
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| | (ae) | sections 43 and 47, so far as relating to complaints mentioned in |
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| | paragraph (aa) above or investigations of deaths or requests mentioned in |
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| | paragraph (ab) or (ac) above.’. |
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| | |
| Clause 127, page 84, line 35, leave out paragraph (c). |
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| | |
| Clause 127, page 84, line 37, leave out paragraph (d) and insert— |
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| | ‘(d) | sections 64 to (Special rules relating to providers of information society |
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| | services) and Schedule (Special rules relating to providers of |
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| | information society services);’. |
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| |
| | |
| Clause 127, page 84, line 37, at end insert— |
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| | ‘( ) | section 79(6) and (7) (so far as relating to any provision of Part 3 of the |
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| | Magistrates’ Courts Act 1980 which extends to Northern Ireland); |
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| | ( ) | sections (Transfer of certificates to central authority for Scotland), 80 |
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| | and 81 and Schedules (Penalties suitable for enforcement in England and |
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| | Wales or Northern Ireland) and 16;’. |
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| Clause 127, page 84, line 38, leave out paragraph (e). |
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| Clause 127, page 84, line 40, at end insert— |
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| | ‘(aa) | section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’. |
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| | |
| Clause 127, page 84, line 40, at end insert— |
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| | ‘( ) | sections (Requests to other member States: Northern Ireland) and |
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| | (Procedure on receipt of certificate by Lord Chancellor: Northern |
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| | |
| | ( ) | sections (Requests from other member States: Northern Ireland) and |
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| | (Procedure on receipt of certificate by clerk of petty sessions);’. |
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| Clause 127, page 84, line 41, at end insert— |
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| | ‘( ) | paragraph 21(3) and (4) of Schedule 22.’. |
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| Clause 127, page 85, line 1, leave out ‘or repeal’ and insert ‘, repeal or revocation’. |
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| Clause 128, page 85, line 11, at end insert— |
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| | ‘(aa) | section [Restriction on extradition in cases where trial in United |
|
| | Kingdom more appropriate];’. |
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| | |
| Clause 128, page 85, line 17, at end insert— |
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| | ‘(h) | paragraphs 6(3) and 12 to 15 of Schedule (Hatred on the grounds of |
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| | sexual orientation) and the repeals in Part 4 of Schedule 23 relating to |
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| | Part 3A of the Public Order Act 1986 (c. 64).’. |
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| Clause 128, page 85, line 22, at end insert— |
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| | ‘(d) | paragraphs 2 to 7 of Schedule (Sexual offences: grooming and |
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| | |
| Clause 128, page 85, line 22, at end insert— |
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| | ‘(2A) | Where any particular provision or provisions of a Schedule come into force in |
|
| | accordance with subsection (1) or (2), the section introducing the Schedule also |
|
| | comes into force in accordance with that subsection so far as relating to the |
|
| | particular provision or provisions.’. |
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| | Power of Court of Appeal to disregard developments in the law |
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| To move the following Clause:— |
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