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| For other Amendment(s) see the following page(s):
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| Flood and Water Management Bill Committee 31-48 |
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| Flood and Water Management Bill |
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| Clause 9, page 7, line 16, at end insert— |
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| | ‘(10) | The Minister shall as soon as possible instigate, publish and have regard to a |
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| | review undertaken by a panel of independent persons pertaining to the costs |
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| | which will be incurred by local authorities in implementing the provisions of this |
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| | Clause before the Clause is commenced.’. |
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| Schedule 3, page 48, line 37, leave out ‘consult’ and insert ‘as soon as possible |
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| instigate, publish and have regard to a review undertaken by a panel of independent |
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| persons pertaining to the costs currently incurred by local authorties in maintaining |
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| private sewers before the Schedule is commenced and’. |
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| Schedule 3, page 55, line 39, at end insert— |
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| | ‘(8) | The Minister must consult persons who in the Minister’s opinion represent |
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| | interests likely to be affected by this Schedule and publish a report detailing how |
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| | the adoption and maintenance of drainage systems is to be funded before the |
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| Clause 9, page 7, line 1, leave out ‘must be consistent with’ and insert ‘must have |
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| Schedule 3, page 52, line 16, leave out ‘significantly’. |
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| Schedule 4, page 57, line 15, leave out ‘10,000’ and insert ‘15,000’. |
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| Clause 36, page 20, line 42, at end insert— |
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| | ‘(8) | In this section “private motor vehicle” means any mechanically propelled vehicle |
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| | intended or adapted for use on roads other than— |
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| | (a) | a public service vehicle within the meaning of the Public Passenger |
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| | Vehicles Act 1981(c.14); or |
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| | (b) | a goods vehicle within the meaning of the Road Traffic Act 1988 (c.52) |
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| | including any vehicle drawn by a private motor car.’. |
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| Clause 36, page 21, leave out lines 16 and 17. |
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| Clause 36, page 21, line 17, at end insert— |
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| | ‘(d) | set out the reduction in charges to be made under section 76(6).’. |
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| Clause 38, page 23, leave out lines 1 and 2 and insert— |
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| | ‘(3) | Condition 2 is that in carrying out the work the Agency— |
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| | (a) | has regard to the national flood and coastal erosion risk management |
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| | strategy under section 7, and |
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| | (b) | does not create or increase potential harmful consequences of a kind |
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| | listed in section 2(4)(a) to (d).’. |
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| Clause 42, page 26, line 42, leave out ‘may’ and insert ‘shall’. |
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| Clause 42, page 27, line 8, at end insert— |
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| | ‘(3A) | In determining which community groups qualify for concessionary charges, |
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| | undertakers shall include as a minimum the following groups— |
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| | (a) | places of religious worship, |
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| | (b) | properties owned by Scout and Guide Associations and similar youth |
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| | (c) | community amateur sports clubs and similar types of sports clubs, |
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| | (d) | village and community halls, community centres and similar buildings |
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| | owned, or leased by non profit making community associations.’. |
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| Clause 46, page 29, line 18, at end insert— |
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| | ‘(a) | Section 42 comes into effect not later than three months after Royal |
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| Clause 19, page 12, line 27, leave out ‘investigate’ and insert ‘take proportionate |
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| Clause 6, page 4, line 33, at end add— |
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| | ‘(14) | “English risk management authority” means— |
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| | (a) | the Environment Agency, |
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| | (b) | a risk management authority within subsection (13)(b), (c) or (f) for an |
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| | area that is wholly in England, |
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| | (c) | an internal drainage board for an internal drainage district that is wholly |
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| | or mainly in England, and |
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| | (d) | a water company that exercises functions in relation to an area in |
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| | (15) | “Welsh risk management authority” means— |
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| | (a) | the Environment Agency, |
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| | (b) | a risk management authority within subsection (13)(b), (c) or (f) for an |
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| | area that is wholly in Wales, |
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| | (c) | an internal drainage board for an internal drainage district that is wholly |
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| | (d) | a water company that exercises functions in relation to an area in Wales. |
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| | (16) | “Cross-border internal drainage board” means an internal drainage board for an |
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| | internal drainage district that is partly in England and partly in Wales.’. |
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| Clause 7, page 4, line 40, leave out ‘risk management authorities in England’ and |
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| insert ‘English risk management authorities’. |
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| Clause 7, page 5, line 15, leave out ‘risk management authorities in England’ and |
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| insert ‘the English risk management authorities’. |
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| Clause 7, page 5, line 23, leave out ‘risk management authorities in England’ and |
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| insert ‘English risk management authorities’. |
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| Clause 8, page 5, line 38, leave out ‘risk management authorities in Wales’ and |
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| insert ‘Welsh risk management authorities’. |
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| Clause 8, page 6, line 15, leave out ‘risk management authorities in Wales’ and |
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| insert ‘Welsh risk management authorities’. |
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| Clause 11, page 8, line 18, leave out subsection (1) and insert— |
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| | ‘(1) | In exercising its flood and coastal erosion risk management functions, an English |
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| | risk management authority must— |
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| | (a) | act in a manner which is consistent with the national strategy and |
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| | (b) | except in the case of a water company, act in a manner which is consistent |
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| | with the local strategies and guidance.’. |
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| Clause 11, page 8, line 28, leave out from ‘exercising’ to ‘must’ and insert ‘a flood |
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| or coastal erosion risk management function in relation to an area in England, a water |
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| Clause 11, page 8, line 29, leave out paragraph (a). |
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| Clause 11, page 8, line 33, leave out ‘a risk management authority for an area in |
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| England’ and insert ‘an English risk management authority’. |
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| Clause 11, page 8, line 34, at end insert— |
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| | ‘(4A) | A cross-border internal drainage board for an internal drainage district that is |
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| | (a) | act in a manner which is consistent with the local strategies and guidance, |
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| | (b) | have regard to the national strategy and guidance. |
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| | (4B) | Subsection (4A) does not affect the duties of a cross-border internal drainage |
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| | board under section 12.’. |
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| Clause 12, page 9, line 6, leave out subsection (1) and insert— |
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| | ‘(1) | In exercising its flood and coastal erosion risk management functions, a Welsh |
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| | risk management authority must— |
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| | (a) | act in a manner which is consistent with the national strategy and |
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| | (b) | except in the case of a water company, act in a manner which is consistent |
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| | with the local strategies and guidance.’. |
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| Clause 12, page 9, line 11, leave out from ‘exercising’ to ‘must’ and insert ‘a flood |
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| or coastal erosion risk management function in relation to an area in England, a water |
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| Clause 12, page 9, line 12, leave out paragraph (a). |
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| Clause 12, page 9, line 16, leave out ‘risk management authority for an area in |
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| Wales’ and insert ‘Welsh risk management authority’. |
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| Clause 12, page 9, line 17, at end insert— |
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| | ‘(3A) | A cross-border internal drainage board for an internal drainage district that is |
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| | (a) | act in a manner which is consistent with the local strategies and guidance, |
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| | (b) | have regard to the national strategy and guidance. |
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| | (3B) | Subsection (3A) does not affect the duties of a cross-border internal drainage |
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| | board under section 11.’. |
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| Clause 27, page 15, line 32, leave out ‘flood and coastal erosion risk management |
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| in England’ and insert ‘English authorities’. |
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| Clause 27, page 15, line 34, leave out ‘flood and coastal erosion risk management |
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| in Wales’ and insert ‘Welsh authorities’. |
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| Clause 27, page 15, line 35, at end add— |
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| | ‘(6) | For the purposes of subsection (5)— |
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| | (a) | an “English authority” is— |
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| | (i) | a lead local flood authority, district council or highway authority |
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| | for an area in England, and |
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| | (ii) | an internal drainage board for an internal drainage district that is |
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| | wholly or mainly in England; |
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| | (b) | a “Welsh authority” is— |
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| | (i) | a lead local flood authority or highway authority for an area in |
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| | (ii) | an internal drainage board for an internal drainage district that is |
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| | wholly or mainly in Wales.’. |
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| Clause 39, page 24, line 39, leave out ‘under’ and insert ‘carried out in reliance on’. |
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| Clause 41, page 26, line 8, after ‘Schedule 3’ insert ‘to the Flood and Water |
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| Schedule 2, page 40, line 10, leave out ‘Conditions 1 and 3 are satisfied’ and |
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| | ‘(a) | Conditions 1 and 3 are satisfied, or |
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| | (b) | Conditions 1 and 4 are satisfied.’. |
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| Schedule 2, page 40, line 23, leave out ‘carrying out’. |
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| Schedule 2, page 40, line 25, leave out paragraph (a). |
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| Schedule 2, page 40, line 29, at end insert— |
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| | ‘(7A) | Condition 4 is that the purpose of the work is to manage a flood risk in the |
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| | authority’s area from the sea and either— |
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| | (a) | the work is within subsection (8)(a), (b) or (f), or |
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| | (b) | the Environment Agency has consented to the work.’. |
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| Schedule 3, page 51, line 28, after ‘applicant’ insert ‘or, in the case of a combined |
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| application, the planning authority,’. |
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| Schedule 3, page 54, line 19, at beginning insert ‘Subsections (3A) and (3B) |
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| Schedule 3, page 54, line 20, after ‘adopted’ insert— |
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| Schedule 3, page 54, line 24, at end insert— |
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| | ‘(3B) | The maintaining authority must designate the road under section 63 of the New |
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| | Roads and Street Works Act 1991 (streets with special engineering difficulties).’. |
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| Schedule 3, page 54, line 27, at end insert ‘(and a reference to a road includes a |
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| reference to part of a road).’. |
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| Schedule 3, page 55, line 34, leave out ‘and’. |
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| Schedule 3, page 55, line 37, at end insert ‘, and |
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| | (i) | designate under section 63 of the New Roads and Street Works |
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| | Act 1991 (streets with special engineering difficulties) any |
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| | adopted part of the drainage system that is a street within the |
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| | meaning of section 48 of that Act.’. |
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| Schedule 3, page 56, line 38, at end insert— |
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| | ‘(2A) | At the end of section 59 add— |
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| | “(7) | Schedule 3 to the Flood and Water Management Act 2010 extends the |
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| | power under subsection (1)(c) of this section to sustainable drainage |
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| | systems as defined in regulations under that Schedule.”’. |
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| Schedule 3, page 56, line 40, leave out ‘omit’ and insert ‘for’. |
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| Schedule 3, page 56, line 40, at end insert ‘substitute “(having regard both to the |
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| need to remove water from the court, yard or passage and also to the need to dispose of it |
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| satisfactorily in the course of or after its removal)”.’. |
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| Schedule 3, page 56, line 40, at end insert— |
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