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| To move the following Clause:— |
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| | ‘After section 210 of TCPA 1990 insert— |
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| | “Register of trees of special interest |
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| | 210A | Register of trees of special interest |
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| | (1) | The Secretary of State may compile and maintain a register of trees |
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| | situated in England and appearing to him to be of special interest, or may |
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| | approve with or without modification such a register compiled by other |
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| | persons or bodies, and may amend any register so compiled or approved. |
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| | (2) | The Welsh Ministers may compile and maintain a register of trees |
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| | situated in Wales and appearing to them to be of special interest, or may |
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| | approve with or without modifications such a register compiled by other |
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| | persons or bodies, and may amend any register so compiled or approved. |
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| | (3) | The Secretary of State or, as the case may be, the Welsh Ministers shall, |
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| | as soon as practicable after including in the register an entry relating to |
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| | any tree, notify the persons mentioned in subsection (4) of this section of |
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| | the inclusion and send them a copy of the entry. |
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| | (a) | the owner and (if the owner is not the occupier) the occupier of |
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| | the land on or over which the tree or any part of it is growing; and |
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| | (b) | any local planning authority in whose area such land is |
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| | Protection of trees not subject to a tree preservation order |
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| To move the following Clause:— |
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| | ‘(1) | In section 211 of the TCPA 1990 (preservation of trees in conservation areas), in |
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| | subsection (2), after the words “in a conservation area” add “and to any other |
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| | (2) | In section 212 (power to disapply section 211)— |
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| | (a) | after subsection (2)(b), insert— |
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| | “(bb) | trees in such other areas or descriptions of areas as may |
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| | (b) | in subsection (2)(c), before the word “size”, insert “description,”; |
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| | (c) | after subsection (2), insert— |
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| | “(2A) | Such regulations may, in particular, exempt from the application |
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| | of section 211 any works to a tree whose felling would require a |
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| | licence under the Forestry Act 1967.”; and |
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| | (d) | omit subsection (4).’. |
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| | Decisions of Panel and Council (duty in relation to electromagnetic fields) |
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| To move the following Clause:— |
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| | ‘(1) | This section applies in relation to an application for an order granting |
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| | development consent if the decision-maker is a Panel or the Council. |
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| | (2) | In deciding the application, the Panel or Council must ensure that it does not |
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| | expose any person to any risk to their health arising from exposure to electric and |
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| | magnetic fields with a frequency of between 30 and 300 Hertz.’. |
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| | Third party rights of appeal |
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| To move the following Clause:— |
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| | ‘(1) | TCPA 1990 is amended as follows. |
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| | (2) | After section 78(2) (right to appeal), insert— |
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| | “(2A) | Where a local planning authority appprove an application for planning |
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| | permission, certain persons as specified in subsection (2B) below may by |
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| | notice appeal to the Secretary of State. |
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| | (2B) | Persons who may by notice appeal to the Secretary of State against the |
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| | approval of planning permission in the circumstances specified in |
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| | subsection (2A) above are— |
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| | (a) | any persons who have lodged a formal objection to the planning |
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| | application in writing to the planning authority for the area in |
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| | which the land to which the application relates is situated; |
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| | (b) | other persons at the discretion of a person appointed by the |
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| | Secretary of State for that purpose.” |
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| | (3) | In section 79 (determination of appeals)— |
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| | (a) | in subsection (2), the word “either” shall be omitted, and after the words |
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| | “if the appellant or the local planning authority” there shall be inserted |
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| | the words “or the applicant (where different from the appellant)”; |
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| | (b) | in subsection (6), after the words “or to proceed with the determination”, |
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| | there shall be inserted the words “except for appeals as defined in section |
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| | 78, subsection (2A), and where the appellant is as defined in section 78, |
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| | (c) | After subsection (7), there is inserted— |
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| | “(8) | The Secretary of State shall have a discretion to dismiss an |
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| | appeal or referral where, having considered the grounds of |
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| | appeal or referral, the Secretary of State is of the opinion that the |
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| | (a) | is vexatious, frivolous or without substance or |
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| | (b) | is made with the sole intention of delaying the |
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| | development or the intention of securing the payment of |
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| | money, gifts, consideration or other inducement by any |
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| To move the following Clause:— |
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| | ‘(1) | The Town and Country Planning (General Development Procedure) Order 1995 |
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| | (“the 1995 Order”) shall be amended as follows. |
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| | (2) | In paragraph (z)(ii)(aa) of the table in Article 10(1) (as amended by the Town and |
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| | Country Planning (General Development Procedure) (Amendment) Order 1996) |
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| | leave out “5” and insert “20”. |
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| | (3) | In paragraph (ii)(l) of Article 10(2) of the 1995 Order, leave out “0.4” and insert |
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| To move the following Clause:— |
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| | ‘(1) | The local planning authority may, when it deems it appropriate to do so, report on |
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| | the effectiveness of the Use Class Orders available to it in the Town and Country |
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| | Planning (Use Classes) Order 1987. |
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| | (2) | In a report published under subsection (1) (“the Use Class Order report”), the |
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| | local planning authority may submit to the Secretary of State proposals for new |
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| | Use Class Orders to be made under sections 55(2)(f) and 333(7) of the Town and |
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| | Country Planning Act 1990. |
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| | (3) | The Secretary of State shall consider the Use Class Order report within four |
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| | weeks of receiving it and may— |
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| | (a) | order that new Use Classes be made under sections 55(2)(f) and 333(7) |
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| | of the Town and Country Planning Act 1990 to reflect proposals made in |
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| | the Use Class Order report, or |
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| | (b) | reject the proposals made in the Use Class Order report and publish the |
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| | reasons for that rejection in at least one local newspaper circulating in the |
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| | (4) | Where the Secretary of State uses her power under subsection (3)(b) the Secretary |
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| | of State shall have a duty to meet with the local planning authority within four |
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| | weeks of the Secretary of State’s decision.’. |
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| To move the following Clause:— |
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| | ‘(1) | PCPA 2004 is amended as follows. |
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| | (2) | After section 18 (statements of community involvement) insert— |
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| | “18A | Enforcement charters |
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| | (1) | The local planning authority must prepare an enforcement charter. |
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| | (2) | For the purposes of this Act, an ‘enforcement charter’ shall set out— |
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| | (a) | a statement of the authority’s policies as regards their taking |
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| | enforcement action for the purposes of TCPA 1990, |
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| | (b) | an account of how members of the public are to bring any |
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| | ostensible breach of planning control to the attention of the |
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| | (i) | of how any complaint to the authority as regards the |
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| | taking by them of enforcement action is to be made, and |
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| | (ii) | of their procedures for dealing with any such complaint. |
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| | (3) | The Secretary of State shall issue guidance to a planning authority for the |
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| | purposes of this section and an authority must have regard to any |
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| | (4) | The local planning authority shall have a duty to review its charter and |
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| | (a) | whenever required to do so by the Secretary of State, |
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| | (b) | at least every two years, and |
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| | (c) | in such a manner as the Secretary of State shall by regulation |
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| | (5) | For the purposes of sections 20 and 24 the enforcement charter is not a |
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| | local development document.”’. |
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| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| | Order of the House [10th December 2007] |
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| | That the following provisions shall apply to the Planning Bill: |
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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 5th February 2008. |
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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 Lords Amendments or on any further messages from the |
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| | Lords) may be programmed. |
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| | Order of the Committee [8th JANUARY 2008] |
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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 4.00 p.m. on Tuesday 8th January; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 10th January; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 15th January; |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 17th January; |
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| | (e) | at 10.30 a.m. and 4.00 p.m. on Tuesday 22nd January; |
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| | (f) | at 9.00 a.m. and 1.00 p.m. on Thursday 24th January; |
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| | (g) | at 10.30 a.m. and 4.00 p.m. on Tuesday 29th January; |
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| | (h) | at 9.00 a.m. and 1.00 p.m. on Thursday 31st January; |
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| | (i) | at 10.30 a.m. and 4.00 p.m. on Tuesday 5th February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | Until no later than 11.40 a.m. |
| Confederation of British Industry |
| | | | | Until no later than 12.20 p.m. |
| | | | | | | | | | | | Until no later than 1.00 p.m. |
| | | | | | Until no later than 4.50 p.m. |
| Royal Town Planning Institute |
| | | | | Until no later than 5.30 p.m. |
| Local Government Association |
| | | | | Until no later than 6.15 p.m. |
| | | | | | Until no later than 7.00 p.m. |
| Home Builders Federation and |
| | | | | | British Property Federation |
| | | | | Until no later than 9.45 a.m. |
| | | | | | Until no later than 10.25 a.m. |
| | | | | | Until no later than 1.40 p.m. |
| Energy Networks Association |
| | | | | Until no later than 2.20 p.m. |
| Campaign to Protect Rural |
| | | | | | | | | | | Until no later than 4.00 p.m. |
| Department for Communities and |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clause 1; Schedule 1; Clauses 2 to 31; Schedule 2; Clauses |
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| | 32 to 157; Schedule 3; Clauses 158 and 159; Schedule 4; Clause 160; |
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| | Schedule 5; Clauses 161 to 185; Schedule 6; Clauses 186 to 189; new |
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| | Clauses; new Schedules; remaining proceedings on the Bill; |
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| | (4) | 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 5th February. |
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