Commons Journal 265

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[No. 123 Wednesday 21 October 2009 ]

The house met at 11.30 am.

PRAYERS.

1 Questions to (1) the Secretary of State for International Development

(2) the Prime Minister

2 Local Health Services and Democratic Involvement: Motion for leave to bring in a Bill (Standing Order No. 23)

Ordered, That leave be given to bring in a Bill to require Primary Care Trusts to obtain prior approval for their spending plans; to require Primary Care Trusts to present an annual spending plan to certain local authorities for approval; to provide resolution arrangements in the event of Primary Care Trusts failing to secure the consent of the relevant local authority; and for connected purposes;

That Dr John Pugh, Andrew George, Annette Brooke, Paul Holmes, Andrew Stunell, Mark Hunter, Mr Adrian Sanders and Mr David Heath present the Bill.

Dr John Pugh accordingly presented the Bill.

Bill read the first time; to be read a second time on Friday 23 October, and to be printed (Bill 152).

3 Speaker's Statement: Members' financial interests

4 Opposition Day: Leader of the second largest Opposition party (19th allotted day (Standing Order No. 14))

(1) Equitable Life

Motion made and Question proposed, That this House notes that the Parliamentary Ombudsman has taken the unusual step of using powers under the 1967 Act to present Parliament with a further and final report on Equitable Life; also notes that the Public Administration Select Committee's Sixth Report, Justice denied? The Government's response to the Ombudsman's report on Equitable Life, concluded that the Government response to the Parliamentary Ombudsman's report was inadequate as a remedy for injustice; recognises the vital role the Ombudsman plays in public life; reaffirms the duty of Parliament to support the office of the Ombudsman; believes the Government should accept the recommendations of the Ombudsman on compensating policyholders who have suffered loss; notes the outcome of the Judicial Review announced on 15 October extending the period for compensation claims back to 1991; welcomes the formation of the All-Party Group on Justice for Equitable Life Policyholders; and notes with regret its necessary formation and the fact that over 30,000 people have already died waiting for a just resolution to this saga._(Dr Vincent Cable.)

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Amendment moved, in line 3, to leave out from `Life;' to the end of the Question and add `also notes the Public Administration Select Committee's Sixth Report Justice denied? The Government's response to the Ombudsman's report on Equitable Life; recognises the vital role the Ombudsman plays in public life; reaffirms the duty of Parliament to support the office of the Ombudsman; recognises the Government's determination to introduce an ex gratia payment scheme that is administratively quicker and simpler to deliver than that envisaged by the Ombudsman; further welcomes the Government's decision announced to the House on 20 October 2009 to widen the ex gratia payment scheme to include trapped annuitants who took out policies after mid-1991; urges Sir John Chadwick to report as quickly and expeditiously as possible; and recognises the impact and significant distress that maladministration and injustice have caused in respect of Equitable Life.'._(Mr Liam Byrne.)

Question put, That the original words stand part of the Question (Standing Order No. 31(2)).

The House divided.

Division No. 228.

Ayes: 269 (Tellers: Dan Rogerson, John Hemming).

Noes: 294 (Tellers: Steve McCabe, Mr Bob Blizzard).

Question accordingly negatived.

Question, That the proposed words be there added, put forthwith (Standing Order No. 31).

Question agreed to.

Main Question, as amended, put and agreed to.

Resolved, That this House notes that the Parliamentary Ombudsman has taken the unusual step of using powers under the 1967 Act to present Parliament with a further and final report on Equitable Life; also notes the Public Administration Select Committee's Sixth Report Justice denied? The Government's response to the Ombudsman's report on Equitable Life; recognises the vital role the Ombudsman plays in public life; reaffirms the duty of Parliament to support the office of the Ombudsman; recognises the Government's determination to introduce an ex gratia payment scheme that is administratively quicker and simpler to deliver than that envisaged by the Ombudsman; further welcomes the Government's decision announced to the House on 20 October 2009 to widen the ex gratia payment scheme to include trapped annuitants who took out policies after mid-1991; urges Sir John Chadwick to report as quickly and expeditiously as possible; and recognises the impact and significant distress that maladministration and injustice have caused in respect of Equitable Life.

(2) Political Response in the UK to Climate Change

Motion made and Question proposed, That this House believes that it is vital that the UK demonstrates political leadership at all levels in response to the climate crisis, and that this is particularly important ahead of the United Nations Climate Change summit in Copenhagen if there is to be an international agreement which will avert the worst effects of catastrophic climate change; further believes that immediate practical responses to the crisis should include a massive expansion of renewable energy and energy efficiency and a commitment for all homes in Britain to be warm homes within 10 years; acknowledges that action taken now to tackle the climate crisis will cost less than action taken in the future; notes the declared support of Labour and Conservative frontbenchers to the objective of the 10:10 campaign which calls for 10 per cent. greenhouse gas emission reductions by the end of 2010; agrees that the House will sign up to the 10:10 campaign; calls on Her Majesty's Government and all public sector bodies now to make it their policy to achieve a 10 per cent. reduction in greenhouse gas emissions by the end of 2010; and further calls on the Government to bring a delivery plan before this House by the end of 2009 on how these objectives will be achieved._(Simon Hughes.)

Amendment moved, in line 1, to leave out from `House' to the end of the Question and add `welcomes the 10:10 campaign as a motivator of public action to cut carbon dioxide emissions through individual and collective behaviour change; recognises the value of such campaigns to build public support for action by governments to agree an ambitious, effective and fair deal at Copenhagen; further recognises the significant effort made by individuals and organisations to cut their emissions through the 10:10 campaign; supports the Climate Change Act introduced by this Government, the first such legislation in the world, and the system of carbon budgets that enables Britain to set itself on a low carbon pathway; notes that carbon budgets ensure active policies by Whitehall departments and the public sector that deliver long-term sustained emissions reductions not just in 2010 but through to 2022 and beyond; further supports the efforts of local councils to move towards local carbon budgets by signing up to the 10:10 campaign; further welcomes the allocation of up to #20 million for central Government departments to enable them to reduce further and faster carbon dioxide emissions from their operations, estate and transport; and further welcomes the cross-cutting Public Value Programme review of the low carbon potential of the public sector, which will focus on how the sector can achieve transformational financial savings through value-for-money carbon reductions.'._(Joan Ruddock.)

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Question proposed, That the original words stand part of the Question (Standing Order No. 31(2)).

David Howarth claimed to move the closure (Standing Order No. 36).

Question put, That the Question be now put.

Question agreed to.

Question accordingly put, That the original words stand part of the Question (Standing Order No. 31(2)).

The House divided.

Division No. 229.

Ayes: 226 (Tellers: Dan Rogerson, John Hemming).

Noes: 297 (Tellers: Helen Jones, Mary Creagh).

Question accordingly negatived.

Question, That the proposed words be there added, put forthwith (Standing Order No. 31).

Question accordingly agreed to.

The Deputy Speaker declared the Main Question, as amended, agreed to (Standing Order No.31(2)).

Resolved, That this House welcomes the 10:10 campaign as a motivator of public action to cut carbon dioxide emissions through individual and collective behaviour change; recognises the value of such campaigns to build public support for action by governments to agree an ambitious, effective and fair deal at Copenhagen; further recognises the significant effort made by individuals and organisations to cut their emissions through the 10:10 campaign; supports the Climate Change Act introduced by this Government, the first such legislation in the world, and the system of carbon budgets that enables Britain to set itself on a low carbon pathway; notes that carbon budgets ensure active policies by Whitehall departments and the public sector that deliver long-term sustained emissions reductions not just in 2010 but through to 2022 and beyond; further supports the efforts of local councils to move towards local carbon budgets by signing up to the 10:10 campaign; further welcomes the allocation of up to #20 million for central Government departments to enable them to reduce further and faster carbon dioxide emissions from their operations, estate and transport; and further welcomes the cross-cutting Public Value Programme review of the low carbon potential of the public sector, which will focus on how the sector can achieve transformational financial savings through value-for-money carbon reductions.

5 Business of the House

Motion made and Question put forthwith (Standing Order No. 15), That, at this day's sitting, the Second Reading of the Perpetuities and Accumulations Bill [Lords] may be proceeded with, though opposed, until any hour._(Mr Bob Blizzard.)

Question agreed to.

6 Perpetuities and Accumulations Bill [Lords]: Second Reading

Motion made and Question put forthwith, That the Bill be read a second time (Standing Order Nos. 59(3) and 90(5)).

Question agreed to.

Bill accordingly read a second time and stood committed to a public bill committee (Standing Order No. 63).

7 Statutory Instruments: Motions for Approval

(1) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Caribbean Development Bank (Seventh Replenishment of the Unified Special Development Fund) Order 2009, which was laid before this House on 17 June, be approved._(Mr Bob Blizzard.)

Question agreed to.

(2) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Statistics and Registration Service Act 2007 (Disclosure of Higher Education Student Information) Regulations 2009, which were laid before this House on 17 June, be approved._(Mr Bob Blizzard.)

Question agreed to.

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(3) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft ACAS Code of Practice: Time Off for Trade Union Duties and Activities, which was laid before this House on 24 June, be approved._(Mr Bob Blizzard.)

Question agreed to.

(4) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Crime and Disorder Act 1998 (Youth Conditional Cautions: Code of Practice) Order 2009, which was laid before this House on 8 July, be approved._(Mr Bob Blizzard.)

Question agreed to.

(5) Motion made and Question put forthwith (Standing Order No. 118(6)), That the draft Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2009, which was laid before this House on 8 July, be approved._(Mr Bob Blizzard.)

Question agreed to.

8 Family Proceedings

Ordered, That the Family Proceedings Fees (Amendment) Order 2009 (S.I., 2009, No. 1499), dated 10 June 2009, be referred to a Delegated Legislation Committee._(Mr Bob Blizzard.)

9 Supreme Court of England and Wales

Ordered, That the Civil Proceedings Fees (Amendment) Order 2009 (S.I., 2009, No. 1498), dated 10 June 2009, be referred to a Delegated Legislation Committee._(Mr Bob Blizzard.)

10 Magistrates' Courts

Ordered, That the Magistrates' Courts Fees (Amendment) Order 2009 (S.I., 2009, No. 1496), dated 10 June 2009, be referred to a Delegated Legislation Committee._(Mr Bob Blizzard.)

11 Business of the House

Ordered, That, at the sitting on Tuesday 27 October, paragraph (2) of Standing Order No. 31 (Questions on amendments) shall apply to the Motion in the name of Mr Peter Robinson as if the day were an Opposition Day; proceedings on the Motion may continue for three hours or until Ten o'clock, whichever is the earlier, and shall then lapse if not previously disposed of; and Standing Order No. 41A (Deferred divisions) shall not apply._(Mr Bob Blizzard.)

12 Changes to membership of select committees

(1) Ordered, That Sir George Young be discharged from the Select Committee on Reform of the House of Commons and Mr Peter Atkinson be added._(Mr Bob Blizzard.)

(2) Motion made, That Dr Richard Taylor be a member of the West Midlands Regional Select Committee._(Mr Bob Blizzard.)

Objection taken (Standing Order No. 9(6)).

(3) Motion made, That Mary Creagh be discharged from the Yorkshire and the Humber Regional Select Committee and Mr Austin Mitchell be added._(Mr Bob Blizzard.)

Objection taken (Standing Order No. 9(6)).

(4) Motion made, That Linda Gilroy be discharged from the South West Regional Select Committee and Roger Berry be added._(Mr Bob Blizzard.)

Objection taken (Standing Order No. 9(6)).

13 Public Petition

A Public Petition from residents of Brighton and others, relating to Gaza was presented and read by David Lepper.

14 Adjournment

Subject: War memorial protection, conservation and restoration (Shona McIsaac).

Resolved, That this House do now adjourn._(Mr Bob Blizzard.)

[Adjourned at 7.47 pm until tomorrow. ]

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Other proceedings

General Committees: Reports

15 Seventh Delegated Legislation Committee

Mr Joe Benton (Chairman) reported the draft Groundwater (England and Wales) Regulations 2009.

16 Eighth Delegated Legislation Committee

Miss Anne Begg (Chairman) reported the draft District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2009 and the draft Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2009.

General Committees: Appointments

The Speaker appoints the Chairman of General Committees and allocates Statutory Instruments to Delegated Legislation Committees.

The Committee of Selection nominates Members to serve on General Committees (and certain Members to serve on Grand Committees).

17 Perpetuities and Accumulations Bill [Lords] Committee

(1) Chairman: Mr Roger Gale

(2) Members: Mr Michael Ancram, Mr Adrian Bailey, Tony Baldry, Mr Henry Bellingham, Barry Gardiner, Mr Mike Hall, Mr David Heath, David Howarth, Mrs Sia®n C. James, Mr Brian Jenkins, Helen Jones, David Lepper, Bridget Prentice, Mr Ken Purchase, Sir Peter Viggers and Jeremy Wright.

18 First Delegated Legislation Committee (Landfill Tax (Prescribed Landfill Site Activities) Order 2009 (S.I., 2009, No. 1929))

Chairman: Mr George Howarth

Members: Hilary Armstrong, Mr Brian Binley, Mr Tim Boswell, Mr Jeremy Browne, Dr Vincent Cable, Ann Clwyd, Mr Greg Hands, Beverley Hughes, Sarah McCarthy-Fry, Mr Alan Meale, Mr George Mudie, Mr Paul Murphy, Mr Brooks Newmark, Richard Ottaway, Martin Salter and Mr Paul Truswell.

19 Second Delegated Legislation Committee (Draft Offshore Funds (Tax) Regulations 2009)

(1) Chairman: Mr Graham Brady

(2) Members: Hazel Blears, Peter Bottomley, Mr Jeremy Browne, Dr Vincent Cable, Frank Dobson, Bill Etherington, Mr Mark Hoban, Mr Bob Laxton, Sarah McCarthy-Fry, Mr Alan Milburn, Mr Brooks Newmark, Dr Howard Stoate, Mark Tami, Mr Don Touhig, Mr Charles Walker and Mr Robert Walter.

20 Fourth Delegated Legislation Committee (Financial Restrictions (Iran) Order 2009 (S.I., 2009, No. 2725))

(1) Chairman: Mr Jim Hood

(2) Members: Mr Colin Breed, Mr Parmjit Dhanda, Mr Stephen Dorrell, Paul Farrelly, Stephen Hesford, Mr Mark Hoban, Kate Hoey, Mr Geoffrey Hoon, Mr Peter Lilley, Sarah McCarthy-Fry, Mr George Mudie, Dr Doug Naysmith, Mr Brooks Newmark, Dr John Pugh, Mr Andrew Smith and Mr Ian Taylor.

21 Fifth Delegated Legislation Committee (Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2009 (S.I., 2009, No. 2615) and the draft Company, Limited Liability Partnership and Business Names (Public Authorities) Regulations 2009)

(1) Chairman: Sir Nicholas Winterton

(2) Members: John Austin, Des Browne, Lorely Burt, Mr Richard Caborn, Philip Davies, Mr John Heppell, Ms Patricia Hewitt, Ian Lucas, Andrew Mackinlay, Mr Gordon Marsden, Meg Munn, John Penrose, Hon Nicholas Soames, John Thurso, David Tredinnick and Jeremy Wright.

22 Sixth Delegated Legislation Committee (Social Security (Incapacity Benefit Work-focused Interviews) (Amendment) Regulations 2009 (S.I., 2009, No. 1541))

(1) Chairman: Mr Eric Martlew

(2) Members: Mr Richard Bacon, Jeremy Corbyn, Mr David Curry, Mr Mark Harper, Mrs Sharon Hodgson, Glenda Jackson, Alan Keen, Martin Linton, Siobhain McDonagh, Mr Tony McNulty, Paul Rowen, Jonathan Shaw, Mr Andrew Tyrie, Steve Webb, Malcolm Wicks and Jeremy Wright.

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23 Seventh Delegated Legislation Committee (Draft Groundwater (England and Wales) Regulations 2009)

Members: Hilary Armstrong, Mr David S. Borrow, Jim Dowd and Huw Irranca-Davies discharged and David Cairns, Mr Jim Cunningham, Jessica Morden and Dan Norris nominated in substitution.

24 Seventh Delegated Legislation Committee (Motion in the name of Secretary Jim Murphy relating to Rule 56(1) of the Parliamentary Election Rules)

(1) Chairman: Mr Joe Benton

(2) Members: Mr Russell Brown, Mr Alistair Carmichael, Mr Tom Clarke, Mr Ian Davidson, Nigel Griffiths, Mr John Heppell, Mr Adam Holloway, Mr Adam Ingram, Mr Michael Jack, Ann McKechin, Mr Michael Mates, Sandra Osborne, Dr Gavin Strang, Jo Swinson, Mr Ben Wallace and Angela Watkinson.

25 Eighth Delegated Legislation Committee (Draft District Electoral Areas Commissioner (Northern Ireland) (Amendment) Order 2009 and the draft Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2009)

Members: Ben Chapman, Jim Dobbin and Alison Seabeck discharged and Rosie Cooper, Tom Levitt and Mr Nick Raynsford nominated in substitution.

26 Yorkshire and the Humber Regional Grand Committee in respect of its meeting on 29 October

Chairman: Mr Clive Betts.

27 European Committee A in respect of European Union Document No. 8977/09, relating to Reform of the Common Fisheries Policy

Members: Mr Richard Benyon, Mr David S. Borrow, Mr Alistair Carmichael, Andrew George, Mr Robert Goodwill, Huw Irranca-Davies, Lynne Jones, Dr Ashok Kumar, Mr Angus MacNeil, Mr Chris Mullin, Mr John Spellar, Dr Desmond Turner and Angela Watkinson.

28 European Committee B in respect of European Union Document No. 11060/09 on the EU's Justice and Home Affairs Programme for the Next 5 Years (The Stockholm Programme)

Chairman: Mr Roger Gale.

European Union Documents Referred

29 European Committee A

European Union Document No. 13183/09, relating to stepping up international climate finance: a European blueprint for the Copenhagen deal.

30 European Committee B

European Union Document No. 13732/09, relating to an operational framework for the EU to promote aid effectiveness.

Reports from Select Committees

31 Children, Schools and Families Committee

(1) Public expenditure: Evidence, to be printed (HC 1043-i);

(2) 21st Century Schools White Paper: Evidence, to be printed (HC 1044)

(Mr Barry Sheerman).

32 Energy and Climate Change Committee

Low carbon technologies in a green economy: Evidence, to be printed (HC 648-v) (Paddy Tipping).

33 Environment, Food and Rural Affairs Committee

Dairy Farmers of Britain: Evidence taken before the Sub-Committee, to be printed (>HC 971-iii)> (Mr Michael Jack).

34 European Scrutiny Committee

(1) Thirtieth Report, to be printed, with the Formal Minutes relating to the Report (HC >19-xxviii);>

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(2) Ministerial Correspondence: Written evidence, to be published

(Michael Connarty).

35 Foreign Affairs Committee

Pre-appointment Hearing with Rt Hon The Baroness Amos, prospective High Commissioner to Australia: Evidence, to be printed (HC 1052-i) (Sir John Stanley).

36 Northern Ireland Affairs Committee

Consultative Group on the Past: Written evidence, to be published (Stephen Pound).

37 Public Accounts (Committee of)

Financial Management in the Foreign and Commonwealth Office: Evidence, to be printed (HC 1051-i) (Mr Edward Leigh).

38 Science and Technology Committee

(1) Putting Science and Engineering at the Heart of Government Policy: Government Response to the Innovation, Universities, Science and Skills Committee's Eighth Report of Session 2008^09: Ninth Special Report, to be printed (HC 1036);

(2) Evidence check: Government responses to questions from the Innovation, Universities, Science and Skills Committee: Written evidence, to be published

(Mr Phil Willis).

39 Scottish Affairs Committee

(1) Credit Unions in Scotland: Government Response to the Committee's Second Report: Second Special Report, to be printed (HC 982);

(2) Crisis in the Scottish Press Industry: Government Response to the Committee's Fourth Report: Third Special Report, to be printed (HC 981);

(3) Banking in Scotland: Written evidence, to be published

(Mr Mohammad Sarwar).

40 Statutory Instruments (Joint Committee on)

Twenty-second Report, to be printed (HC 3-xxii) (David Maclean).

41 Treasury Committee

Administration and expenditure of the Chancellor's departments, 2008^09: Evidence taken before the Sub-Committee, to be printed (HC 1046-i) (John McFall).

42 Work and Pensions Committee

Workplace health and safety: follow-up report: Government Response to the Committee's Fourth Report of Session 2008^09: Fifth Special Report, to be printed (HC 975) (Mr Terry Rooney).

[WH, No. 78]  

Sitting in Westminster Hall

The sitting began at 9.30 am.

Subjects:

Local regulation of private landlords (Graham Stringer).

Conservation areas and character appraisal (Ms Gisela Stuart).

Effects of English libel law on the reporting of parliamentary proceedings (Dr Evan Harris).

Government support for the textile industry (Mr Michael Moore).

Ofsted's supervision of fostering services (Mr James Plaskitt).

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Resolved, That the sitting be now adjourned._(Mr Ian Austin.)

[Adjourned at 5.06 pm until tomorrow. ]

APPENDIX

Papers presented or laid upon the Table:

Draft Legislative Reform Order:

1 Regulatory Reform

Draft Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2009 (by Act), with an Impact Assessment (by Command) and an Explanatory Document recommending the affirmative resolution procedure (Secretary Jack Straw).

Papers subject to Affirmative Resolution:

2 European Communities

Draft European Communities (Definition of Treaties) (Stabilisation and Association Agreement) (Republic of Montenegro) Order 2009 (by Act), with an Explanatory Memorandum (by Command) (Secretary David Miliband).

Papers subject to Negative Resolution:

3 Income Tax

(1) Manufactured Interest (Tax) (Amendment) Regulations 2009 (S.I., 2009, No. 2810), dated 21 October 2009 (by Act), with an Explanatory Memorandum (by Command) (Stephen Timms); and

(2) Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009 (S.I., 2009, No. 2811), dated 21 October 2009 (by Act), with an Explanatory Memorandum (by Command) (Stephen Timms).

4 Intellectual Property

Artist's Resale Right (Amendment) Regulations 2009 (S.I., 2009, No. 2792), dated 19 October 2009 (by Act), with an Explanatory Memorandum and an Impact Assessment (by Command) (Mr Pat McFadden).

Papers subject to Negative Resolution and also in part to Affirmative Resolution:

5 Census

Draft Census (England and Wales) Order 2009 (by Act), with an Explanatory Memorandum (by Command) (Tessa Jowell).

Other Papers:

6 Government Annuities

Account of the Government Annuities Investment Fund for 2008 (by Act) (Sarah McCarthy-Fry).

7 National Audit

Report by the Comptroller and Auditor General on Complying with Regulation: Business Perceptions Survey 2009 (by Act); to be printed (HC 1028) (Clerk of the House).

8 Social Security Administration

Accounts of the National Insurance Fund Investment Account for 2008^09 (by Act) (Sarah McCarthy-Fry).

9 Terms and Conditions of Employment

Explanatory Memorandum to the Working Time (Amendment) (No. 2) Regulations 2009 (S.I. 2009, No. 2766) (by Command) (Secretary Andy Burnham).

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Withdrawn Papers:

10 Terms and Conditions of Employment

Explanatory Memorandum to the Working Time (Amendment) (No. 2) Regulations 2009 (S.I. 2009, No. 2766) (by Command) (laid 15 October 2009).

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