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| | | ‘(6A) | The offender is liable to be detained, on return, in any place in which the |
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| | | offender could have been detained pursuant to the sentence before the |
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| | | (6B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (6A). |
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| | | (6C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (6D) | In calculating a period of 5 days for the purposes of subsection (6C) 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) | 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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| | Page 82, line 8 [Clause 69], at end insert— |
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| | | ‘(7A) | The powers conferred on a constable by subsection (6B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 83, line 1 [Clause 70], leave out from ‘time,’ to end of line 3 and insert |
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| | ‘subsections (6A) to (6D) apply in relation to the person (“the offender”).’. |
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| | Page 83, line 3 [Clause 70], at end insert— |
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| | | ‘(6A) | The offender is liable to be detained, on return, in any place in which the |
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| | | offender could have been detained pursuant to the sentence before the |
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| | | (6B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (6A). |
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| | | (6C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (6D) | In calculating a period of 5 days for the purposes of subsection (6C) no |
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| | | account is to be taken of any day mentioned in any of paragraphs (a) to |
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| | Page 83, line 18 [Clause 70], at end insert— |
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| | | ‘(7A) | The powers conferred on a constable by subsection (6B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 85, line 4 [Clause 71], leave out from ‘time,’ to end of line 6 and insert |
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| | ‘subsections (4A) to (4D) apply in relation to the person (“the offender”).’. |
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| | Page 85, line 6 [Clause 71], at end insert— |
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| | | ‘(4A) | The offender is liable to be detained, on return to the United Kingdom, in |
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| | | any place in which the offender could have been detained pursuant to the |
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| | | sentence before the time of return to the territory. |
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| | | (4B) | A constable or immigration officer may— |
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| | | (a) | take the offender into custody, and |
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| | | (b) | convey the offender to the place mentioned in subsection (4A). |
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| | | (4C) | The offender must be released on licence within the period of 5 days |
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| | | beginning when the offender is taken (or retaken) into custody under this |
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| | | (4D) | In calculating a period of 5 days for the purposes of subsection (4C) no |
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| | | account is to be taken of any day mentioned in any of paragraphs (a) to |
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| | | (4E) | The powers conferred on a constable by subsection (4B) are exercisable |
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| | | in any part of the United Kingdom.’. |
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| | Page 86, line 19 [Clause 71], leave out from first ‘the’ to ‘compatible’ in line 20 |
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| | and insert ‘return is not’. |
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| Page 86, line 19 [Clause 71], leave out ‘Secretary of State is not satisfied that the |
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| | return’ and insert ‘the return is not’. |
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| | | Page 86, line 19 [Clause 71], after ‘not’ insert ‘reasonably’. |
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| | Page 86, line 20 [Clause 71], after ‘with’, insert ‘human rights, including’. |
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| | | Page 86, line 21 [Clause 71], leave out ‘1998’ and insert ‘1998 or any other |
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| | international treaty which the United Kingdom is a party to or would be contrary to the |
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| | Page 86, line 21 [Clause 71], at end insert ‘, the Refugee Convention and the |
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| | International Covenant on Civil and Political Rights’. |
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| | Page 86, line 21 [Clause 71], at end insert ‘or with the United Kingdom’s |
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| | obligations under the Refugee Convention.’. |
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| | | Page 86, line 21 [Clause 71], at end insert ‘, the Refugee Convention and the |
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| | International Covenant on Civil and Political Rights’. |
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| | | Page 86, line 21 [Clause 71], at end insert— |
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| | | ‘(1A) | In furtherance of subsection (1) the Secretary of State must ensure that the person, |
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| | | or a representative acting on their behalf is, |
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| | | (a) | informed of the requested undertaking, |
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| | | (b) | given an opportunity to make representations in writing to the Secretary |
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| | | (c) | informed of the decision expeditiously;’. |
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| | Page 86 [Clause 71], leave out lines 22 to 27. |
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| | Page 86, line 27 [Clause 71], after ‘sheriff.’, insert— |
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| | | ‘(3) | The reference in subsection (1) to the Refugee Convention is to the |
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| | | Convention relating to the Status of Refugees done at Geneva on 28 July |
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| | | 1951 and the Protocol to the Convention.’. |
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| | | Page 86, line 27 [Clause 71], at end insert— |
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| | | ‘(2A) | If subsection (1) applies— |
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| | | (a) | an undertaking to return a person to a territory given under section 153A |
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| | | or 153C is of no effect, and |
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| | | (b) | any power given under section 153A and 153C by reference to the |
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| | | undertaking is of no effect.’. |
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| | Page 87, line 30, leave out Clause 74. |
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| | Page 116, line 16, leave out Clause 95. |
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| | Page 117, line 29 [Clause 95], at end insert— |
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| | | ‘(4) | Before laying such a draft before Parliament, the Secretary of State must |
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| | | (a) | the Association of Police Authorities, |
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| | | (b) | the Association of Chief Police Officers of England, Wales and |
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| | | (c) | the General Council of the Bar, |
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| | | (d) | the Law Society of England and Wales, |
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| | | (e) | the Institute of Legal Executives, and |
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| | | (f) | such other persons as the Secretary of State thinks fit.’. |
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| | Page 117, line 32, leave out Clause 96. |
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| | Page 118, line 3, leave out Clause 97. |
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| | Page 119, line 5 [Clause 97], at end insert— |
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| | | ‘(10A) | Before making regulations under this Article, the Secretary of State must |
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| | | publish a draft of the regulations and consider any representations made |
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| | | to the Secretary of State about them.’. |
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| | Page 130, line 4 [Clause 115], at end insert— |
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| | | ‘(za) | section [Prohibition on unauthorised police entry to Member of |
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| | | Parliament’s office in House of Commons],’. |
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| | Page 134, line 22 [Schedule 1], after ‘practicable’, insert ‘and in any event within |
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| | 24 hours after the offender’s arrest,’. |
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| | Page 138, line 23 [Schedule 2], at end insert ‘, and |
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| | | (c) | that any persons identified under paragraph (b) have been consulted.’. |
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| | Page 138, line 27 [Schedule 2], at end insert— |
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| | | ‘(8A) | In authorising the issue of a closure notice, the authorising officer must have |
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| | | regard to the views of any persons consulted under subsection (7)(c).’. |
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| | Page 140, line 17 [Schedule 2], at end insert ‘, and that no other measures will |
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| | prevent the premises from being used for such activities.’. |
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| | Page 140, line 21 [Schedule 2], at end insert— |
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| | | ‘(10A) | In making a closure order, the court must consider the effect of making the order |
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| | | on the human rights of any person who owns or resides in the premises, and |
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| | | anyone else likely to be affected by the order. |
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| | | (10B) | In this section, “human rights” mean the Convention rights set out in the Schedule |
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| | | to the Human Rights Act 1998 (c. 42).’. |
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| | Page 147 [Schedule 2], leave out lines 13 to 20. |
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| | Page 149, line 3 [Schedule 3], leave out paragraphs 1 and 2. |
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| | Page 150, line 25 [Schedule 4], at end insert— |
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| | | ‘(1A) | The first order under subsection (1) must be to the effect that the sale of all alcohol |
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| | | in all establishments must be set as a minimum price per unit of alcohol sold. |
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| | | (1B) | A unit of alcohol for the purposes of subsection (1A) shall be defined as each ten |
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| | | millilitres of ethanol per whole beverage. |
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| | | (1C) | The minimum price per unit of alcohol sold to which subsection (1A) refers shall |
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| | | be determined by an independent board of experts. |
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