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| |
| |
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| | (b) | the number of hours which the person is required to work, which |
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| | |
| | (c) | the period during which the hours must be worked, provided that |
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| | it shall not commence more than two months from the date on |
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| | which the notice is agreed to under subsection (4)(b), and |
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| | (d) | the officer of a provider of probation services or, in the case of a |
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| | person aged under 18, the member of a youth offending team to |
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| | whom the person must report, and the time by which he must so |
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| | |
| | (7) | The authorised officer issuing the notice under subsection (1) must give |
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| | a copy of the notice to the officer specified in accordance with subsection |
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| | (6)(d) to whom the person must report and any other information relating |
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| | to the case which he considers likely to be of assistance. |
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| | (8) | A notice under subsection (1) must be in such form as the appropriate |
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| | person may by order prescribe. |
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| | (9) | The provisions of section 47 of the Powers of Criminal Courts |
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| | (Sentencing) Act 2000 (c. 6) (obligations of person subject to community |
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| | punishment order) shall apply in respect of a community punishment |
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| | |
| | (10) | For the purposes of this section a police officer or police community |
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| | support officer shall have the same powers to issue notices.”’. |
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| |
| | Composition of police authorities |
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| |
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| | |
| To move the following Clause:— |
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| | ‘For section 4 of the Police Act 1996 (Membership of police authorities etc) |
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| | |
| | | “Composition of police authorities |
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| | (1) | Where a police authority has the same boundary as a local council, that |
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| | council will be the police authority. |
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| | (2) | Each police authority established under section 3 shall consist of 17 |
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| | |
| | (3) | Where a police authority boundary and a local council boundary are not |
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| | coterminous, two-thirds of the members of the police authority shall be |
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| | directly elected by Single Transferable Vote. |
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| | (4) | The members of the police authority subject to clause (3) above shall be |
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| | elected once every four years on the same day as all or most of the local |
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| | government elections in the force area. |
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| | (5) | Elections per clauses (3) and (4) above shall be voted on by all members |
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| | of the population over the age of 18 who reside within the relevant police |
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| |
| |
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| | authority boundary and whom are eligible to vote in local government |
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| | |
| | (6) | Where subsection (2) above applies, one-third of the members of the |
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| | police authorities shall be nominated from local councillors within the |
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| | |
| | (7) | Under subsection (1) or (2) above, police authorities may co-opt extra |
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| | members to ensure diversity, experience and expertise. |
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| | (8) | In subsection (4) above, co-opted members may be— |
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| | |
| | (b) | any person deemed appropriate by the exisiting members of the |
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| | police authority to which outside members are being co-opted.”’. |
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| |
| | Appointment of chief constables and assistant chief constables |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Police Act 1996 is amended as follows. |
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| | (2) | In section 11(1) (appointment and removal of chief constables) leave out “but |
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| | subject to the approval of the Secretary of State”. |
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| | (3) | In section 11(2) leave out “acting with the approval of the Secretary of State”. |
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| | (4) | In section 11(3), leave out “ Before seeking the approval of the Secretary of State |
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| | |
| | (5) | In section 12(2) (assistant chief constables) leave out “and subject to the approval |
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| | of the Secretary of State”. |
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| | (6) | In section 12(5) leave out “ Secretary of State” and insert “relevant police |
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| | |
| | (7) | For section 2 (removal of chief constables etc) substitute— |
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| | “(1) | A police authority may exercise its power under section 11 to call upon |
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| | the chief constable to retire in the interests of efficiency or effectiveness. |
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| | (2) | Before requiring the exercise or the similar power exercisable with |
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| | respect to an assistant chief constable, the police authotity shall give the |
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| | chief constable or assistant chief constable an oppurtunity to make |
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| | representations to him and shall consider any representations so made.”’. |
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| |
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| |
| |
|
| | Responsibilities of police authorities |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Each police authority will have the ability to determine its own local precept |
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| | agreement with the relevant local council or councils as appropriate to its |
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| | |
| | (2) | Each police authority will have the ability to determine its own fiscal priorities in |
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| | accordance with its individual requirements. |
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| | (3) | The Secretary of State may not give unsolicited directions to police authorities on |
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| | local precepts, minimum budgets or fiscal priorities. |
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| | (4) | Each police authority has a duty to consult with the Secretary of State, and to take |
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| | account of national policing authorities. |
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| | (5) | The Police Act 1996 is amended as follows. |
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| | (6) | In section 6(2) (general functions of police authorities), leave out paragraph (a). |
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| | (7) | In section 6(2)(c) leave out “whether in compliance with a direction under section |
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| | |
| | (8) | In section 6 subsection (3) is omitted. |
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| | (9) | For section 37A (setting of strategic priorities for police authorities) substitute— |
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| | |
| | Each individual police authority must determine objectives for the |
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| | policing of their own local area.” |
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| | (10) | For section 38 (setting of performance targets) substitute— |
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| | | “Where an objective has been determined under section 37, the relevant |
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| | police authority shall establish levels of performance (performance |
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| | targets to be aimed at in seeking to achieve the objective).” |
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| | (11) | Section 39 (Codes of Practice) is repealed. |
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| | (12) | Section 41 (Directions as to a minimum budget) is repealed. |
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| | (13) | Section 44 (Reports from Chief constables) is repealed. |
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| | (14) | The Local Government Act 1999 is amended as follows. |
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| | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
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| | insert “, but excluding police authorities and the Metropolitan Police |
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| | |
| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
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| |
| |
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| | “24C | Police powers to search aeroplanes |
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| | (1) | If the Secretary of State has any reaason to believe that an aircraft that is |
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| | in flight over the United Kingdom is or has been or may be involved in |
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| | an act of unlawful rendition then he or she may require the aircraft to land |
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| | |
| | (2) | If an aircraft is required to land in accordance with subsection (1), a |
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| | responsible person must, as soon as practicable after the aircraft has |
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| | landed, enter and search the aircraft. |
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| | (3) | The Secretary of State or a responsible person must enter and search an |
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| | aircraft if he or she has any reason to believe that— |
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| | (a) | an aircraft in an aerodrome is or has been or may be involved in |
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| | an act of unlawful rendition; or |
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| | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
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| | information under sections 32 and 33 of the Immigration, |
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| | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
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| | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
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| | carried out to determine if— |
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| | (a) | the aircraft has been, or may be involved in an act of unlawful |
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| | |
| | (b) | a criminal offence has been committed, or |
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| | (c) | allowing the aircraft to continue on its journey could place the |
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| | United Kingdom in breach of its obligations under the European |
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| | Convention on Human Rights, |
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| | but these powers may only be exercised when it is not reasonably |
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| | practicable to apply for a warrant of entry in accordance with section 8 of |
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| | the Police and Criminal Evidence Act 1984 (c. 60). |
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| | (5) | A person who carries out a search under this section may remove any |
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| | items from the aircraft if it may be evidence of any of the matters set out |
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| | |
| | |
| | “an act of unlawful rendition” means an act, not being in accordance with |
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| | formal lawful extradition or deportation procedures, involving the |
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| | forcible transportation of a person to a territory where he or she may be |
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| | subjected to torture and inhuman and degrading treatment; |
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| | “a responsible person” means— |
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| | (a) | the chief officer of police of a police force maintained for a |
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| | police area in England and Wales; |
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| | (b) | the chief constable of a police force maintained under the Police |
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| | (Scotland) Act 1967 (c. 77); |
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| | (c) | the Chief Constable of the Police Service of Northern Ireland; |
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| | (d) | one of the Commissioners of Her Majesty’s Revenue and |
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| | |
| | (e) | a constable designated by any of the persons specified in |
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| | paragraphs (a) to (c).”’. |
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| |
| | Order of the House [19 January 2009] |
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| | That the following provisions shall apply to the Policing and Crime Bill: |
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| |
| |
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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 Thursday 26 February 2009. |
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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 |
|
| | 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 [27 January 2009] |
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| | |
| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | |
| | (a) | at 4.00 pm on Tuesday 27 January; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 29 January; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 3 February; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 5 February; |
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| | (e) | at 10.30 am and 4.00 pm on Tuesday 10 February; |
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| | (f) | at 9.00 am and 1.00 pm on Thursday 12 February; |
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| | (g) | at 10.30 am and 4.00 pm on Tuesday 24 February; |
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| | (h) | at 9.00 am on Thursday 26 February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | of Sex Work Projects; the |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Northern Ireland; British |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Northern Ireland; Serious |
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| |
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| | (3) | proceeding on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clauses 1 to 16; Schedule 1; Clauses 17 to 20; Schedule 2; |
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| | Clauses 21 to 25; Schedule 3; Clauses 26 to 31; Schedule 4; Clauses 32 to 61; |
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| | Schedule 5; Clauses 62 to 86; Schedules 6 and 7; Clauses 87 to 91; 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 10.25 am on Thursday 26 February. |
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| Clause 1, page 1, line 7, after ‘people’, insert ‘and the business sector and |
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| |