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| Schedule 20, page 206, line 37, at end insert— |
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| | ‘Investigation by former coroner |
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| | (a) | was appointed as a coroner under section 1 of the 1988 Act, and |
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| | (b) | ceased to hold office as such before the coming into force of the repeal |
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| | by this Act of that section, |
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| | | is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having |
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| | held office as a senior coroner.’. |
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| | Coroner for treasure and assistant coroners for treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor may appoint a coroner, to be known as the Coroner for |
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| | (2) | The Chief Coroner may designate one or more assistant coroners to act as |
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| | Assistant Coroners for Treasure. |
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| | (3) | The Lord Chancellor may by regulation make provision in relation to the Coroner |
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| | for Treasure and Assistant Coroners for Treasure.’. |
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| | Investigations in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Coroner for Treasure must conduct an investigation in relation to an object |
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| | in respect of which notification is given under section 8(1) or 8A(1) of the |
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| | Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to |
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| | (2) | The Coroner for Treasure may conduct an investigation in relation to an object |
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| | which he has reason to suspect is treasure and in respect of which notification has |
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| | not been given under section 8(1) or 8A(1) of that Act (but this is subject to |
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| | (3) | The purpose of an investigation in relation to an object under this section is to |
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| | (a) | whether the object is treasure, and |
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| | (b) | if it is treasure, who found it, where it was found and when it was found. |
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| | (4) | Senior coroners, area coroners and assistant coroners are to have no functions in |
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| | relation to objects which are or may be treasure (but this is subject to paragraph |
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| | 11 of Schedule 2 which enables an assistant coroner acting as an Assistant |
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| | Coroner for Treasure to perform functions of the Coroner for Treasure).’. |
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| | Inquests in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Coroner for Treasure may, as part of an investigation in relation to an object |
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| | under section [Investigations in relation to treasure], hold an inquest in relation |
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| | (2) | Such an inquest must be held without a jury.’. |
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| | Outcome of investigations in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | After considering the evidence in the case of an investigation in relation to an |
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| | object under section [Investigations in relation to treasure] which is conducted |
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| | without an inquest, the Coroner for Treasure must make a determination as to the |
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| | matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that |
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| | (2) | After hearing the evidence in the case of an investigation in relation to an object |
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| | under section [Investigations in relation to treasure] which is conducted with an |
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| | inquest, the Coroner for Treasure must make a determination as to the matters |
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| | mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.’. |
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| | Exception to duty to investigate |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where— |
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| | (a) | the Coroner for Treasure is conducting, or proposes to conduct, an |
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| | investigation in relation to an object under section [Investigations in |
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| | relation to treasure], and |
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| | (b) | if the object were in fact treasure, it would vest in the Crown by virtue of |
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| | section 4(1)(b) of the Treasure Act 1996 (c. 24). |
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| | (2) | The Secretary of State may give notice in writing to the Coroner for Treasure that |
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| | he would not wish the object, if it were in fact treasure, to vest in the Crown. |
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| | (3) | Such a notice may be given only before the making of a determination under |
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| | section [Outcome of investigations in relation to treasure]. |
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| | (4) | Where such a notice is given— |
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| | (a) | it is to be treated as disclaiming any title that the Crown may have to the |
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| | (b) | the object is to be treated as not having vested in the Crown under the |
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| | (c) | the Coroner for Treasure may not conduct an investigation in relation to |
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| | the object under section [Investigations in relation to treasure] or (as the |
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| | case may be) continue with such an investigation, and |
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| | (d) | without prejudice to the interests or rights of others, the object may be |
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| | delivered to any person in accordance with a code of practice published |
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| | under section 11 of the Treasure Act 1996.’. |
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| | Codes of practice under the Treasure Act 1996 |
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| To move the following Clause:— |
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| | ‘(1) | A code of practice under section 11 of the Treasure Act 1996 may make provision |
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| | in relation to objects in respect of which notice is given under section [Exception |
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| | to duty to investigate](2). |
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| | (2) | No civil liability on the part of the Coroner for Treasure arises where he delivers |
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| | any object, or takes any other action, in accordance with a code of practice under |
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| | section 11 of that Act.’. |
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| | Amendments of the Treasure Act 1996 |
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| To move the following Clause:— |
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| | ‘The Lord Chancellor may by regulations make amendments to the Treasure Act |
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| | 1996 in connection with investigations etc.’. |
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| | Transfer of the office of coroner of the Queen’s household |
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| To move the following Clause:— |
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| | ‘The office of coroner of the Queen’s household will, at the retirement of the |
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| | present incumbent, be transferred to the Chief Coroner.’. |
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| To move the following Clause:— |
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| | ‘(1) | The following provisions shall have effect in connection with the investigation of |
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| | deaths of British subjects occuring abroad. |
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| | (2) | When the body is returned to a coroner’s area, the senior coroner must conduct |
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| | an investigation, when one is appropriate, under the Coroners Act. |
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| | (3) | When there is no body, or when the body has been buried or cremated outside |
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| | England or Wales, the relatives of the deceased may, within six months of the |
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| | death (or the presumed date of the death), apply to the Chief Coroner for an |
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| | investigation to be held. |
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| | (4) | It shall be the duty of the UK consular authorities for the country where the death |
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| | occurred to draw the attention of anyone reporting the death to them to the |
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| | arrangements for investigation, and to liaise with local public agencies to ensure |
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| | that all material facts connected with the death are ascertained and |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may apply to the High Court for a certificate ordering that |
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| | an inquest be held in camera. |
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| | (2) | The Secretary of State may only apply for a certificate if he is satisfied that it |
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| | would be necessary to prevent material or information being disclosed whose |
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| | disclosure would be seriously detrimental to national security. |
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| | (3) | The court may only grant the certificate if it is satisfied— |
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| | (a) | that granting the certificate is necessary to prevent material or |
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| | information being disclosed whose disclosure would be seriously |
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| | detrimental to national security; and |
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| | (b) | that other measures short of granting a certificate would not be adequate |
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| | to prevent such disclosure. |
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| | (4) | Where the court grants a certificate, the following provisions apply— |
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| | (a) | Chapter 2 of Part 3 of this Act (witness anonymity orders) shall apply as |
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| | if a coroner’s court were a court for the purposes of that Chapter, as if the |
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| | proceedings at an inquest were criminal proceedings for the purpose of |
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| | that Chapter, and as if references to the prosecutor in that Chapter |
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| | included a reference to the Secretary of State; |
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| | (b) | the Lord Chief Justice may appoint a judge of the High Court to act as |
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| | coroner for the case, and a judge so appointed shall have the same |
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| | functions and powers in relation to the body and the investigation as |
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| | would be the case if he or she were the senior coroner in whose area the |
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| | (c) | the jury may be subject to checking in accordance with the Attorney |
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| | General’s Guidelines on Jury Checks. |
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| | (5) | If a just has already been summoned when a certificate is issued, that jury must |
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| | be discharged and a new jury summoned. |
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| | (6) | The certificate may require that part of the inquest be held in camera and part in |
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| | public, and the court must only issue a certificate requiring the whole of an |
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| | inquest to be held in camera if that is necessary to prevent material or information |
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| | being disclosed whose disclosure would be seriously detrimental to national |
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| | (7) | Where a certificate has been issued under this section, the coroner or judge may |
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| | at any time, taking into account whether any witness anonymity orders have been |
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| | made, admit to the proceedings any interested person he may specify, provided |
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| | that he is satisfied that doing so will not lead to material or information being |
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| | disclosed whose disclosure would be seriously detrimental to national security. |
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| | (8) | Where a decision made by a judge conducting an investigation by virtue of this |
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| | section gives rise to an appeal under section 30, that section has effect as if |
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| | references in it to the Chief Coroner were references to a judge of the Court of |
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| | Appeal nominated by the Lord Chief Justice. |
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| | (9) | A reference in this section or section 12 to conducting an investigation, in the case |
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| | of an investigation that has already begun, is to be read as a reference to |
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| | continuing to conduct it.’. |
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| | Order of the House [26 January 2009] |
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| | That the following provisions shall apply to the Coroners and Justice 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 Thursday 5 March 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 |
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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 [3 February 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 3 February; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 5 February; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 10 February; |
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| | (d) | at 10.30 am and 4.00 pm on Tuesday 24 February; |
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| | (e) | at 9.00 am and 1.00 pm on Thursday 26 February; |
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| | (f) | at 10.30 am and 4.00 pm on Tuesday 3 March; |
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| | (g) | at 9.00 am and 1.00 pm on Thursday 5 March; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clauses 1 to 14; Schedule 1; Clauses 15 to 21; Schedule 2; |
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| | Clause 22; Schedule 3; Clauses 23 and 24; Schedule 4; Clause 25; Schedule |
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| | 5; Clause 26; Schedule 6; Clause 27; Schedule 7; Clauses 28 to 31; Schedule |
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| | 8; Clauses 32 to 38; Schedule 9; Clauses 151 to 154; Schedule 18; Clauses 39 |
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| | to 48; Schedule 10; Clauses 49 to 55; Schedule 11; Clauses 56 to 82; |
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| | Schedule 12; Clauses 83 to 100; Schedule 13; Clauses 101 to 119; Schedule |
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| | 14; Clauses 120 to 124; Schedule 15; Clauses 125 to 131; Schedule 16; |
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| | Clauses 132 to 147; Schedule 17; Clauses 148 to 150; Clauses 155 and 156; |
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| | Schedules 19 and 20; Clause 157; Schedule 21; Clauses 158 to 162; 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 4.00 pm on Thursday 5 March. |
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