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| Clause 51, page 64, line 14, after ‘otherwise).’ insert— |
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| | ‘(3) | In a case where further proceedings in respect of the extradition are adjourned |
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| | |
| | (a) | section 131 of the Magistrates’ Courts Act 1980 (remand of accused |
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| | already in custody) has effect as if a reference to 28 clear days in |
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| | subsection (1) or (2) of that section were a reference to six months; |
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| | (b) | Article 47(2) of the Magistrates’ Courts (Northern Ireland) Order 1981 |
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| | (period of remand in custody) has effect as if a reference to 28 days in— |
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| | (i) | sub-paragraph (a)(iii), or |
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| | (ii) | the words after sub-paragraph (b), |
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| | | were a reference to six months.’. |
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| Clause 53, page 66, line 6, leave out ‘or section 28 of the Crime (Sentences) Act |
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| Clause 53, page 66, line 11, at end insert— |
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| | ‘(c) | a duty to release the person under section 1, 1AA or 7(1) of the Prisoners |
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| | and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 |
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| | or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or |
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| | (d) | a duty to release the person under section 1 of the Northern Ireland |
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| | (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice |
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| | (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal |
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| | Justice (Northern Ireland) Order 2008.’. |
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| Clause 54, page 67, line 8, leave out ‘or section 28 of the Crime (Sentences) Act |
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| Clause 54, page 67, line 13, at end insert— |
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| | ‘(c) | a duty to release the person under section 1, 1AA or 7(1) of the Prisoners |
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| | and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19 |
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| | or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or |
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| | (d) | a duty to release the person under section 1 of the Northern Ireland |
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| | (Remission of Sentences) Act 1995, Article 26 of the Criminal Justice |
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| | (Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal |
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| | Justice (Northern Ireland) Order 2008.’. |
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| |
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| Clause 55, page 69, line 3, leave out ‘or section 28 of the Crime (Sentences) Act |
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| Clause 55, page 69, line 8, at end insert— |
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| | ‘(iii) | a duty to release the person under section 1, 1AA or 7(1) of the |
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| | Prisoners and Criminal Proceedings (Scotland) Act 1993 or |
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| | section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and |
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| | Weapons (Scotland) Act 2007, or |
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| | (iv) | a duty to release the person under section 1 of the Northern |
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| | Ireland (Remission of Sentences) Act 1995, Article 26 of the |
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| | Criminal Justice (Northern Ireland) Order 1996 or Article 17 or |
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| | 18(8) of the Criminal Justice (Northern Ireland) Order 2008;’. |
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| | |
| Clause 58, page 71, leave out lines 18 and 19 and insert— |
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| | ‘(2) | For subsections (2) and (3) substitute— |
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| | “(2) | The person must be brought before the appropriate judge within 48 hours |
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| | starting with the time when the person is arrested. |
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| | (2A) | The documents specified in subsection (4) must be produced to the judge |
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| | within 48 hours starting with the time when the person is arrested but this |
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| | is subject to any extension under subsection (3B). |
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| | (2B) | Subsection (3) applies if— |
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| | (a) | the person has been brought before the judge in compliance with |
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| | (b) | documents have not been produced to the judge in compliance |
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| | |
| | (3) | The person must be brought before the judge when the documents are |
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| | produced to the judge.”’. |
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| Clause 58, page 71, line 20, at beginning insert ‘While the person is before the |
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| judge in pursuance of subsection (2),’. |
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| Clause 58, page 71, line 21, leave out ‘(3)’ and insert ‘(2A)’. |
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| Clause 58, page 71, line 24, leave out ‘(2)’ and insert ‘(2A)’. |
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| Clause 58, page 71, line 28, leave out subsection (3D). |
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| Clause 58, page 71, line 31, at end insert— |
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| | ‘(3A) | After subsection (5) insert— |
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| |
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| | “(5A) | Subsection (5B) applies if— |
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| | (a) | the person is before the judge in pursuance of subsection (2); and |
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| | (b) | the documents specified in subsection (4) have not been |
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| | (5B) | The judge must remand the person in custody or on bail (subject to |
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| | |
| | (3B) | In subsection (6) after “subsection (2)” insert “, (2A) or (3)”.’. |
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| Clause 58, page 71, line 32, leave out subsection (4). |
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| Clause 58, page 71, line 33, at end insert— |
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| | ‘(5) | After subsection (8) insert— |
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| | “(8A) | In calculating a period of 48 hours for the purposes of this section no |
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| | account is to be taken of— |
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| | (a) | any Saturday or Sunday; |
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| | (d) | any day falling within subsection (8B). |
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| | (8B) | The following days fall within this subsection— |
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| | (a) | in Scotland, any day prescribed under section 8(2) of the |
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| | Criminal Procedure (Scotland) Act 1995 as a court holiday in the |
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| | court of the appropriate judge; |
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| | (b) | in any part of the United Kingdom, any day that is a bank holiday |
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| | under the Banking and Financial Dealings Act 1971 in that part |
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| | of the United Kingdom.”’. |
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| Clause 58, page 71, line 33, at end insert— |
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| | ‘(6) | In section 7(1)(b) of the Extradition Act 2003 (application of provisions for |
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| | verifying the identity of the person arrested) for “is arrested under section 5 and |
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| | section 6(2)” substitute “arrested under section 5 is brought before the appropriate |
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| | judge under section 6 and section 6(2A)”.’. |
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| |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 85 (proceedings: England and Wales) for subsection (7) |
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| | |
| | “(7) | Any power to extend the time for giving notice of application for leave |
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| | to appeal, or for applying for leave to appeal, must be ignored for the |
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| | purposes of subsection (6).” |
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| | | In section 87(2) (definition of confiscation order subject to appeal: England |
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| | and Wales) omit the words from “; and for” to the end. |
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| | |
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| |
| |
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| | “87A | No further possibility of appeal |
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| | (1) | The following rule applies for the purposes of construing any |
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| | provision of this Part which refers to there being no further possibility |
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| | |
| | (a) | an appeal against a decision of a court, or |
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| | (b) | an appeal on which an order of a court could be varied or |
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| | |
| | (2) | Any power to extend the time for giving notice of application for leave |
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| | to appeal, or for applying for leave to appeal, must be ignored.”’. |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 153(2) (definition of confiscation order subject to appeal: Scotland) |
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| | omit the words from “; and for” to the end. |
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| | | After section 153 insert— |
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| | “153A | No further possibility of appeal |
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| | (1) | The following rule applies for the purposes of construing any |
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| | provision of this Part which refers to there being no further possibility |
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| | |
| | (a) | an appeal against (or review of) a decision of a court, or |
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| | (b) | an appeal on which an order of a court could be varied or |
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| | |
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| | (a) | to allow an appeal (or review) out of time, or |
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| | (b) | to extend the time for applying for leave to appeal, |
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| Schedule 6, page 142, line 26, at end insert— |
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| | | ‘In section 233 (proceedings: Northern Ireland) for subsection (7) substitute— |
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| | “(7) | Any power to extend the time for giving notice of application for leave |
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| | to appeal, or for applying for leave to appeal, must be ignored for the |
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| | purposes of subsection (6).” |
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| | | In section 235(2) (definition of confiscation order subject to appeal: Northern |
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| | Ireland) omit the words from “; and for” to the end. |
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| | | After section 235 insert— |
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| | “235A | No further possibility of appeal |
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| | (1) | The following rule applies for the purposes of construing any |
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| | provision of this Part which refers to there being no further possibility |
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| | |
| | (a) | an appeal against a decision of a court, or |
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| | (b) | an appeal on which an order of a court could be varied or |
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| | |
| | (2) | Any power to extend the time for giving notice of application for leave |
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| | to appeal, or for applying for leave to appeal, must be ignored.”’. |
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| | Permitted temporary activities |
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| To move the following Clause:— |
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| | ‘Schedule 4A (which makes provision about permitted temporary activities) has |
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| To move the following Schedule:— |
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| | permitted temporary activities |
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| | 1 | Part 5 of the Licensing Act 2003 (permitted temporary activities) has effect |
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| | subject to the following amendments. |
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| | 2 | In the cross-heading before section 104 (objection to notice by police) omit |
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| | 3 | In section 104(2) omit “(an ‘objection notice’)”. |
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| | 4 | After section 104 (Police objections) insert— |
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| | “104A | Objection to notice by local authority officers |
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| | (1) | Where an officer of a local authority which, in its capacity as a |
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| | licensing authority, receives a temporary event notice under this Part |
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| | is satisfied that allowing the premises to be used in accordance with |
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| | the notice would undermine any of the four licensing objectives, he |
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| | may give a notice stating the reasons why he is so satisfied— |
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| | (a) | to the relevant licensing authority, and |
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| | (b) | to the premises user. |
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| | (2) | The objection notice must be given no later than two clear working |
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| | days after the licensing authority receives the temporary event notice |
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| | |
| | (3) | Subsection (2) does not apply at any time after the relevant licensing |
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| | authority has received a copy of a counter notice under section 107 in |
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| | respect of the temporary event notice. |
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| | 104B | Objection to notice by members of licensing authority |
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| | (1) | Where an elected member of a licensing authority which receives a |
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| | temporary event notice under this Part is satisfied that allowing the |
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| | premises to be used in accordance with the notice would undermine |
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| | any of the licensing objectives, he may give a notice stating the |
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| | reasons why he is so satisfied— |
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| | (a) | to the relevant licensing authority, and |
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| | (b) | to the premises user. |
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| | (2) | The objection notice must be given no later than two clear working |
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| | days after the licensing authority receives the temporary event notice |
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| | |
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| |
| |
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| | (3) | Subsection (2) does not apply at any time after the relevant licensing |
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| | authority has received a copy of a counter notice under section 107 in |
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| | respect of the temporary event notice.”. |
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| | 5 | In the heading of section 105 (Counter notice following police objection) omit |
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| | |
| | |
| | (a) | in subsection (2)(a) for “the chief officer of police who gave the |
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| | objection notice” substitute “all persons who gave an objection |
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| | |
| | (b) | in subsection (2)(b) for “the crime prevention objective” substitute |
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| | “the licensing objective in question”; |
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| | (c) | for subsection (7) substitute— |
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| | |
| | ‘objection notice’ means a notice served by— |
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| | (a) | a chief officer of police under section 104(2), |
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| | (b) | an officer of a local authority under section 104A(1), |
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| | (c) | an elected member of a licensing authority under |
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| | |
| | | “relevant chief officer of police” has the same meaning as in |
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| | |
| | 7 | In the heading of section 106 (Modification of notice following police |
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| | objection) omit “police”. |
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| | |
| | (a) | in subsection (1) after “chief officer of police” insert “or an officer of |
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| | a local authority or an elected member of a licensing authority”, |
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| | (b) | in subsection (2) after “chief officer of police” insert “or the officer or |
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| | |
| | (c) | in subsection (3)(a) after “objection notice” insert “in question”, |
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| | (d) | in subsection (3)(b) leave out “that time” and insert “the time when all |
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| | objection notices in respect of the temporary notice are treated as |
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| | |
| | (e) | in subsection (4) after “chief officer of police” insert “or the officer or |
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| | |
| | (f) | in subsection (7) for “section 104(2)” substitute “section 105(7)”.’. |
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| Clause 29, page 22, line 35, at end insert ‘and in doing so is in breach of a current |
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| Acceptable Behaviour Contract which has been signed by that person.’. |
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| Page 23, line 22, leave out Clause 30. |
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| Schedule 4, page 123, line 17, leave out paragraph 2. |
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| Schedule 4, page 124, line 17, leave out ‘permitted’. |
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| Clause 15, page 14, line 31, leave out ‘two’ and insert ‘three’. |
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| Clause 15, page 14, line 32, leave out ‘three months’ and insert ‘one year’. |
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| Schedule 1, page 107, line 21, after ‘practicable’, insert ‘and in any event within 24 |
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| |
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| Schedule 2, page 112, line 43, leave out ‘two’ and insert ‘three’. |
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| |
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| Schedule 2, page 113, line 21, at end insert— |
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| | ‘(10A) | The third condition is that the court is satisfied that the authorising officer has |
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| | satisfied himself of the identity of the interested parties and effected service on |
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| Schedule 2, page 110, leave out lines 4 to 7. |
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| |
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