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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Borders, Citizenship and Immigration Bill [Lords]
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| | The Amendments have been arranged according to the Order of the Committee |
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| To move the following Clause:— |
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| | ‘(1) | In section 1(3) of the Immigration Act 1971 (c. 77) (general principles: the |
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| | common travel area), for the words from the beginning to “a person” substitute |
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| | “A person who arrives in the United Kingdom on a local journey from any of the |
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| | Islands or the Republic of Ireland shall not”. |
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| | (2) | In section 11(2) of that Act (meaning of disembark and embark), in paragraphs |
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| | (a) and (b), omit “or elsewhere in the common travel area”.’. |
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| | Member’s explanatory statement
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| | This amendment reinstates the clause as introduced. It removes provision in the Immigration Act |
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| | 1971 stating that persons arriving in/departing from the UK from/to another part of the CTA are |
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| | not subject to control and changes the definition of disembark and embark in relation to the CTA. |
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| | Transfer of immigration or nationality judicial review applications |
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| To move the following Clause:— |
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| | ‘(1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
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| | transfer from the High Court to the Upper Tribunal)— |
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| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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| | (2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern |
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| | Ireland: transfer from the High Court to the Upper Tribunal)— |
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| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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| | (3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
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| | (Scotland: transfer from the Court of Session to the Upper Tribunal)— |
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| | (a) | in subsection (1)(a), for “, 2 and 4” substitute “and 2”, |
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| | (b) | in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and |
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| | (c) | omit subsection (5).’. |
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| | Member’s explanatory statement
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| | This amendment reinstates the clause as introduced. It removes restrictions on transferring judi |
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| | cial review applications, with the effect that, subject to the other specified restrictions, judicial re |
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| | view applications relating to immigration or nationality decisions can be transferred to the Upper |
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| To move the following Clause:— |
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| | ‘In section 6 of the British Overseas Territories Act 2002 (c. 8) (The Ilois: |
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| | citizenship) omit subsection (2).’. |
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| | Establishment of UK Border Police Force |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a body corporate to be known as the UK Border Police Force. |
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| | (2) | The UK Border Police Force shall have the functions of— |
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| | (a) | detecting and removing illegal overstayers; |
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| | (b) | protecting UK borders; |
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| | (c) | investigating suspected employers of illegal immigrants; |
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| | (d) | preventing and detecting human trafficking; and |
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| | (e) | such other functions as the Secretary of State may by order determine. |
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| | (3) | Before making an order under subsection (2)(e), the Secretary of State shall— |
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| | (b) | consult members of the public and stakeholders; and |
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| | (c) | lay a draft before each House of Parliament. |
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| | (4) | Bodies to be consulted under subsection (3)(b) shall include— |
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| | (a) | the Metropolitan Police Commissioner; |
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| | (b) | representatives of the Association of Chief Police Officers; |
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| | (c) | the Director General of the Immigration and Nationality Directorate; |
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| | (d) | representatives of the Serious Organised Crime Agency; |
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| | (e) | representatives of the Association of Police Authorities; and |
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| | (f) | such other people as the Secretary of State may determine.’. |
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| | Amendment of the immigration rules relating to Gurkhas |
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| To move the following Clause:— |
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| | ‘(1) | The Immigration Rules, as laid before Parliament under section (3)(2) of the |
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| | Immigration Act 1971 (c.77), are amended as follows— |
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| | “(2) | In Rule 276F (requirements for indefinite leave to enter the United |
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| | Kingdom as a Gurkha discharged from the British Army) omit |
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| | paragraphs (ii) and (iii). |
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| | (3) | In Rule 276I (requirements for indefinite leave to remain in the United |
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| | Kingdom as a Gurkha discharged from the British Army) omit |
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| | paragraphs (ii) and (iii). |
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| | Stateless children of British nationals |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 2 to the British Nationality Act 1981 (c. 61) (amendments to |
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| | Immigration Act 1971) is amended as follows. |
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| | (2) | In paragraph 4, omit sub-paragraph (1)(c). |
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| | (3) | In paragraph 4, for sub-paragraphs (2)(a) and (2)(b) substitute “shall be registered |
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| | (b) | in the case of a child whose mother or father is, or would have been but |
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| | for their death, a British overseas territories citizen, as a British overseas |
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| | (4) | In sub-paragraph (4) of paragraph 4, for “sub-paragraphs (1) to (3)” substitute |
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| | (5) | In sub-paragraph (4) of paragraph 4, after “British Overseas Citizen”, insert |
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| | “British National Overseas”.’. |
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| To move the following Clause:— |
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| | ‘(1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
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| | (2) | After section 4C insert— |
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| | “4D | Acquisition by registration: legitimacy |
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| | (1) | A person is entitled to be registered as a British citizen if— |
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| | (a) | he applies for registration under this section; and |
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| | (b) | he satisfies each of the following conditions. |
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| | (2) | The first condition is that the person was born before 1 July 2006. |
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| | (3) | The second condition is that the person is not already a British citizen. |
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| | (4) | The third condition is that the father of the child satisfies any |
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| | requirements as to proof of paternity prescribed under section 50(9B) of |
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| | (5) | The fourth condition is that the person would have been a British citizen |
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| | had his father been married to his mother at the time of his birth.”’. |
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| | Member’s explanatory statement
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| | This amendment makes provision for those born before 1 July 2006 to British fathers not married |
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| | to their mothers to register by entitlement as British citizens. |
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| | Probationary citizenship leave: homelessness assistance |
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| To move the following Clause:— |
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| | ‘(1) | The Immigration and Asylum Act 1999 (c. 33) is amended as follows. |
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| | (2) | After subsection (6) of section 118 (housing authority accommodation) insert— |
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| | “(6A) | For the purposes of this section a person subject to immigration control |
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| | does not include a person who has probationary citizenship leave.”. |
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| | (3) | After subsection (4) of section 119 (homelessness: Scotland and Northern |
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| | “(5) | For the purposes of this section a person subject to immigration control |
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| | does not include a person who has probationary citizenship leave.”.’. |
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| | Qualifying period to provide education and health protection |
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| To move the following Clause:— |
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| | ‘(1) | A person under the qualifying period shall be treated as a person settled in the |
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| | United Kingdom for the purposes of all regulations made under— |
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| | (a) | the Health Services and Public Health Act 1968 (c. 46); |
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| | (b) | the Education (Fees and Awards) Act 1983 (c. 40); |
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| | (c) | the Education and Libraries (Northern Ireland) Order 1986 (S.I., 1986/ |
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| | (d) | the National Health Service (Charges to Overseas Visitors) Regulations |
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| | (e) | the Teaching and Higher Education Act 1998 (c. 30); |
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| | (f) | the Education (Student Support) Regulations (Northern Ireland) 1998; |
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| | (g) | the Learning and Skills Act 2000 (c. 21); |
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| | (h) | the Higher Education Act 2004 (c. 8); and |
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| | (i) | the Higher Education (Northern Ireland) Order 2005 (S.I., 2005/1116 |
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| | (2) | In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from |
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| | benefits), in subsection (9) after “EEA state”, insert “or a person with |
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| | probationary citizenship leave”.’. |
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| | Restriction on studies: further definition |
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| To move the following Clause:— |
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| | ‘(1) | The Company and Business Names Regulations 1981 (S.I. 1981/1685) are |
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| | amended by inserting “College” in column (1) of the Schedule. |
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| | (2) | Section 2(1)(b) of the Business Names Act 1985 (c.7) does not apply to the |
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| | carrying on of the business under a name which includes the word “college” by a |
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| | (a) | to whom the business is transferred on or after the date on which section |
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| | (b) | who carries on the business under the name which was its lawful business |
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| | name and immediately before that transfer, |
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| | | during the twelve months beginning with the date of the transfer. |
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| | (3) | Section 2(1)(b) of the Business Names Act 1985 (c.7) shall not apply to the |
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| | carrying on of the business under a name which includes a word “college” by a |
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| | (a) | carried on that business immediately before the date on which section 52 |
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| | (b) | continues to carry it on under the name which immediately before that |
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| | date was its lawful name.’. |
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| | That certain written evidence already reported to the House be appended to the |
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| | proceedings of the Committee. |
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| | Order of the House [2 JUNE 2009] |
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| | That the following provisions shall apply to the Borders, Citizenship and Immigration |
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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 18 June 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 any message from the Lords) may be programmed. |
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| | Order of the Committee [9 JUNE 2009 AND AS AMENDED 16 JUNE 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 9 June; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 11 June; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 16 June; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 18 June; |
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| | (2) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 5.00 pm on Thursday 18 June. |
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