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121 | Dangerous offenders: terrorism offences (Northern Ireland) |
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(1) | Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/ |
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1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order) |
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is amended as mentioned in subsections (2) to (4). |
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(2) | After paragraph 25 insert— |
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“The Terrorism Act 2000 (c. 11) |
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section 54 (weapons training), |
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section 56 (directing terrorist organisation), |
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section 57 (possession of article for terrorist purposes), or |
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section 59 (inciting terrorism overseas).” |
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(3) | After paragraph 26 insert— |
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“The Anti-terrorism, Crime and Security Act 2001 (c. 24) |
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section 47 (use etc of nuclear weapons), |
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section 50 (assisting or inducing certain weapons-related acts |
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section 113 (use of noxious substance or thing to cause harm or |
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(4) | After paragraph 31 insert— |
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“The Terrorism Act 2006 (c. 11) |
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section 5 (preparation of terrorist acts), |
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section 6 (training for terrorism), |
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section 9 (making or possession of radioactive device or |
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section 10 (use of radioactive device or material for terrorist |
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section 11 (terrorist threats relating to radioactive devices etc).” |
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(5) | Part 1 of Schedule 2 to that Order (specified violent offences) is amended as |
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mentioned in subsections (6) to (8). |
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(6) | After paragraph 27 insert— |
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section 54 (weapons training), |
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section 56 (directing terrorist organisation), |
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section 57 (possession of article for terrorist purposes), or |
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section 59 (inciting terrorism overseas).” |
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(7) | After paragraph 28 insert— |
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“The Anti-terrorism, Crime and Security Act 2001 (c. 24) |
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section 47 (use etc of nuclear weapons), |
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section 50 (assisting or inducing certain weapons-related acts |
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section 113 (use of noxious substance or thing to cause harm or |
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(8) | After paragraph 31 insert— |
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“The Terrorism Act 2006 (c. 11) |
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section 5 (preparation of terrorist acts), |
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section 6 (training for terrorism), |
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section 9 (making or possession of radioactive device or |
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section 10 (use of radioactive device or material for terrorist |
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section 11 (terrorist threats relating to radioactive devices etc).” |
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Miscellaneous criminal justice provisions |
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122 | Commissioner for Victims and Witnesses |
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(1) | Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims |
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etc) is amended as follows. |
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(2) | In section 48 (the Commissioner for Victims and Witnesses)— |
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(a) | omit subsections (3) to (5) (establishment of corporation sole, no Crown |
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(b) | for subsection (6) substitute— |
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“(6) | The Secretary of State may pay to, or in respect of, the Commissioner |
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(a) | by way of remuneration, pensions, allowances or gratuities, or |
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(b) | by way of provision for any such benefits. |
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(7) | The Secretary of State may pay sums in respect of the expenses of the |
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(3) | In section 49 (general functions of Commissioner)— |
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(a) | omit subsection (2)(d) (carrying out of research), |
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(b) | omit subsection (3)(b) (laying of reports before Parliament), and |
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“(4) | The Commissioner must prepare in respect of each calendar |
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year a report on the carrying out of the functions of the |
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Commissioner during the year. |
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(5) | The Commissioner must send a copy of each report prepared |
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(a) | the Secretary of State for Justice, |
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(b) | the Attorney General, and |
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(c) | the Secretary of State for the Home Department. |
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(6) | Reports under subsection (2)(b) or (4) must be published by the |
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(7) | If section 48 comes into force after the beginning of a calendar |
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year, the first report under subsection (4) may relate to a period |
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beginning with the day on which that section comes into force |
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and ending with the end of the next calendar year.” |
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(4) | Omit section 50(2) (advice to authorities within Commissioner’s remit). |
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(5) | In section 55 (Victims’ Advisory Panel)— |
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(a) | after subsection (1), insert— |
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“(1A) | The persons appointed under subsection (1) must include the |
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(1B) | The Commissioner is to chair the Panel.”, |
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(b) | in subsection (2), in paragraph (a) for “a” substitute “any other”, and |
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(c) | in paragraph (b) of that subsection, for “a” substitute “such a”. |
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(6) | Omit Schedule 8 (supplementary provision about the Commissioner for |
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123 | Implementation of E-Commerce and Services directives: penalties |
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Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (c. 68) |
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(limitation on penalty which can be imposed for a criminal offence) does not |
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apply in relation to the exercise of the powers conferred by section 2(2) of that |
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Act (implementation of EU obligations etc) for the purpose of implementing— |
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(a) | Directive 2000/31/EC of the European Parliament and of the Council |
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of 8 June 2000 on certain legal aspects of information society services in |
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particular electronic commerce in the Internal Market (Directive on |
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(b) | Directive 2006/123/EC of the European Parliament and of Council of |
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12 December 2006 on services in the internal market. |
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124 | Treatment of convictions in other member States etc |
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(a) | amendments relating to the treatment of criminal convictions imposed |
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by courts outside England and Wales, and |
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(b) | amendments relating to the treatment of criminal convictions imposed |
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by courts outside Northern Ireland. |
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125 | Retention of knives surrendered or seized (England and Wales) |
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(1) | The Courts Act 2003 (c. 39) is amended as follows. |
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(2) | In section 55 (powers to retain articles surrendered or seized), after subsection |
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“(4) | This section is subject to section 55A.” |
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(3) | After section 55 insert— |
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“55A | Retention of knives surrendered or seized |
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(1) | This section applies where a knife is surrendered to a court security |
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officer in response to a request under section 54(1) or seized by a court |
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security officer under section 54(2). |
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(2) | Section 55 does not apply. |
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(3) | The knife must be retained in accordance with regulations under |
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subsection (5), unless returned or disposed of in accordance with those |
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regulations or regulations made under section 56. |
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(4) | If a court security officer reasonably believes that a retained knife may |
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be evidence of, or in relation to, an offence, nothing in subsection (3) |
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prevents the officer retaining the knife for so long as necessary to enable |
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the court security officer to draw it to the attention of a constable. |
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(5) | Without prejudice to the generality of section 56, the Lord Chancellor |
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must by regulations make provision as to— |
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(a) | the procedure to be followed when a knife is retained under this |
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(b) | the making of requests by eligible persons for the return of |
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(c) | the procedure to be followed when returning a knife pursuant |
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to a request made in accordance with the regulations. |
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(6) | For the purposes of this section— |
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“eligible person”, in relation to a knife retained under this section, |
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(a) | the person who has surrendered the knife under section |
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54(1) or from whom the knife has been seized under |
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(b) | any other person specified in regulations made under |
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(b) | any other article which— |
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(i) | has a blade or is sharply pointed, and |
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(ii) | is made or adapted for use for causing injury to |
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(4) | In section 56(2)(a), after “section 55” insert “or section 55A”. |
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126 | Retention of knives surrendered or seized (Northern Ireland) |
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(1) | Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is |
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(2) | In paragraph 5 (power to retain articles surrendered or seized), after sub- |
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“(4) | This paragraph is subject to paragraph 5A.” |
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(3) | After paragraph 5 insert— |
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“5A | Retention of knives surrendered or seized |
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(1) | This paragraph applies where a knife is surrendered to a court security |
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officer in response to a request under paragraph 4(1) or seized by a |
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court security officer under paragraph 4(2). |
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(2) | Paragraph 5 does not apply. |
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(3) | The knife must be retained in accordance with regulations under sub- |
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paragraph (5), unless returned or disposed of in accordance with those |
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regulations or regulations made under paragraph 6. |
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(4) | If a court security officer reasonably believes that a retained knife may |
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be evidence of, or in relation to, an offence, nothing in sub-paragraph |
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(3) prevents the officer retaining the knife for so long as necessary to |
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enable the court security officer to draw it to the attention of a |
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(5) | Without prejudice to the generality of paragraph 6, the Lord Chancellor |
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must by regulations make provision as to— |
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(a) | the procedure to be followed when a knife is retained under this |
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(b) | the making of requests by eligible persons for the return of |
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(c) | the procedure to be followed when returning a knife pursuant |
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to a request made in accordance with the regulations. |
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(6) | For the purposes of this paragraph— |
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“eligible person”, in relation to a knife retained under this |
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(a) | the person who has surrendered the knife under |
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paragraph 4(1) or from whom the knife has been seized |
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(b) | any other person specified in regulations made under |
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(b) | any other article which— |
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(i) | has a blade or which is sharply pointed, and |
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(ii) | is made or adapted for use for causing injury to |
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(4) | In paragraph 6(2)(a), after “paragraph 5” insert “or paragraph 5A”. |
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127 | Security in tribunal buildings |
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(1) | The Lord Chancellor may, by order— |
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(a) | authorise or require the Lord Chancellor, or such other person as may |
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be specified, to designate persons as security officers in relation to a |
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specified description of tribunal buildings; |
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(b) | provide that Part 4 (other than section 51(1)) of the Courts Act 2003 |
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(c. 39) (provisions relating to court security) applies in relation to a |
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specified description of tribunal buildings and security officers |
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designated in relation to tribunal buildings of that description as it |
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applies to court buildings and court security officers, subject to such |
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modifications as may be specified. |
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(2) | The provision which may be included in an order under subsection (1) by |
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virtue of section 155 (power to make consequential provision etc) includes |
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provision modifying any provision made by or under an Act (whenever |
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“court building” has the meaning given by section 52(3) of the Courts Act |
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“modify” includes amend, add to, repeal or revoke (and modification is to |
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be construed accordingly); |
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“specified” means specified by an order under subsection (1); |
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“tribunal buildings” means any building, or part of a building, to which |
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the public have access (other than a court building)— |
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(a) | where the business of any tribunal mentioned in section 39(1) of |
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the Tribunals, Courts and Enforcement Act 2007 (c. 15) is |
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(b) | where the business of any other tribunal designated by the Lord |
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Chancellor, by order, is carried on. |
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128 | Community Legal Service: pilot schemes |
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(1) | The Access to Justice Act 1999 (c. 22) is amended as follows. |
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(2) | In section 6 (services which may be funded), after subsection (8) insert— |
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“(8A) | The circumstances specified in a direction or authorisation under |
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subsection (8) may be circumstances described by reference to— |
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(a) | one or more areas or localities; |
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(b) | one or more descriptions of court or tribunal. |
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(8B) | A direction or authorisation under subsection (8) may provide that it |
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requires or authorises the Commission to fund the provision of services |
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(a) | one or more specified classes of person; |
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(i) | by reference to specified criteria; or |
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(ii) | on a sampling basis.” |
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(3) | After section 8 insert— |
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“8A | Funding code: pilot provisions |
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(1) | The code may contain provisions (“pilot provisions”) which are to have |
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effect for a specified period not exceeding 3 years. |
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(2) | Pilot provisions may be expressed so as to apply only in relation to— |
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(a) | one or more specified areas or localities; |
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(b) | one or more specified descriptions of court or tribunal; |
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(c) | one or more specified descriptions of service that may be |
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provided as part of the Community Legal Service; |
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(d) | one or more specified classes of person; |
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(i) | by reference to specified criteria; or |
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(ii) | on a sampling basis. |
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(3) | Pilot provisions may disapply any other provision of the code in |
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relation to any of the matters mentioned in paragraphs (a) to (e) of |
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(4) | The period for the time being specified in relation to pilot provisions |
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(a) | if the period is one of less than 3 years, so that it becomes a |
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longer period not exceeding 3 years; |
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(b) | so that it becomes a period which exceeds 3 years by such |
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amount as the Commission thinks necessary for the purpose of |
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securing that the pilot provisions remain in operation until the |
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coming into force of a revised code that contains similar |
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provisions that will have effect— |
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(ii) | for purposes wider than those for which the pilot |
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(5) | If the code contains pilot provisions, the code may also contain |
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consequential or transitional provision with respect to the cessation of |
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the pilot provisions on the expiry of the specified period (or that period |
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as revised under subsection (4)).” |
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(4) | In section 9(5) (procedure relating to funding code) after “code”, in second |
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place it occurs, insert “or changes made in pursuance of section 8A”. |
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(5) | After section 11 insert— |
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(1) | This section applies to the following instruments— |
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(a) | any order under section 6(4) or 8(9), |
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(b) | any regulations under section 6(7), 7, 10 or 11, and |
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(c) | any regulations under section 22(5) having effect in relation to |
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the Community Legal Service. |
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(2) | Any instrument to which this section applies may be made so as to have |
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effect for a specified period not exceeding 3 years. |
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(3) | In the following provisions of this section— |
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