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| | | “(d) | if affordable housing is not for the time being included as infrastructure |
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| | | in the list of infrastructure in section 216(2) the cost of providing |
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| | | affordable housing in accordance with the development plan”.’. |
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| | | |
| | Clause 94, page 64, line 19, at end insert ‘including on the provision of affordable |
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| | |
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| | Clause 94, page 66, line 25, at end insert— |
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| | | ‘(7A) | In section 220 (procedure) insert— |
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| | | “(1A) | CIL regulations must make provision for exceptions to the payment of |
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| | | CIL where that would prejudice the provision of affordable housing in |
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| | | accordance with the development plan”.’. |
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| | |
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| | | |
| | Schedule 9, page 288, line 34, at end insert ‘to whom a proposal for the making of |
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| | a neighbourhood development order has been made’. |
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| | |
| | | |
| | Schedule 9, page 288, line 35, after ‘order’ insert ‘to which the proposal relates’. |
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| | | |
| | Schedule 9, page 288, line 37, at end insert ‘those voting constitute at least 20 per |
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| | cent. of those eligible to vote in that referendum’. |
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| | |
| | | |
| | Schedule 9, page 290, line 9, leave out from ‘if’ to end of line 10 and insert— |
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| | | ‘(a) | the relevant authority has carried out a Community Governance Review |
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| | | |
| | | (b) | it is designated by a local planning authority as a neighbourhood forum |
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| | | |
| | | (c) | for the purposes of paragraph (a) a Community Governance Review is as |
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| | | defined in the Local Government and Public Involvement in Health Act |
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| | | 2007, Part 4, Chapter 3, section 79.’. |
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| | | |
| | Schedule 9, page 290, leave out lines 14 to 27 and insert— |
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| | | ‘(5) | A local planning authority may designate an organisation or body as a |
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| | | neighbourhood forum if the authority is reasonably satisfied that— |
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| | | (a) | it is established for the express purpose of furthering the social, economic |
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| | | and environmental well-being of individuals living, or wanting to live or |
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| | | |
| | | (b) | the membership of the organisation or body is open to individuals living, |
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| | | or wanting to live, or businesses registered, in the neighbourhood or area |
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| | | |
| | | (c) | it is competent to undertake the task of preparing a neighbourhood plan |
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| | | with appropriate professional support; and |
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| | | (d) | it is representative of different sections of the community. |
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| | | (6) | A local planning authority may set such conditions on the designation of a |
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| | | neighbourhood forum such as probity, transparency and any other conditions the |
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| | | local planning authority deems appropriate and set out in the document required |
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| | | under paragraph 1 of Schedule 4B.’. |
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| | Schedule 9, page 290, line 22, after ‘open’, insert ‘only’. |
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| | Schedule 9, page 290, line 25, leave out ‘3’ and insert ‘20’. |
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| | Schedule 9, page 290, line 26, at end insert— |
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| | | ‘(ca) | that at least one of the members within paragraph (c) is a councillor of the |
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| | | local authority for the electoral area in which the organisation or body is |
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| | | |
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| | Schedule 9, page 290, leave out lines 28 to 30. |
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| | Schedule 9, page 290, line 39, at end insert— |
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| | | ‘(d) | in considering a designation, must have regard to the existing local |
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| | | authority ward structure, local development plan, representativeness and |
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| | | viability of the suggested area, in which context it will make a decision |
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| | | as to whether to decline or approve the application.’. |
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| | Schedule 9, page 290, line 41, leave out ‘not’. |
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| | Schedule 9, page 290, line 41, at end insert ‘if the local planning authority are |
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| | satisfied that the neighbourhood forum is no longer fit for purpose after examining the |
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| | forum’s procedures and governance arrangements’. |
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| | |
| | | |
| | Schedule 9, page 290, leave out line 41 and insert— |
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| | | ‘(a) | may be withdrawn by a local planning authority if the neighbourhood |
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| | | forum does not comply with the reasonable conditions placed on its |
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| | | |
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| | | |
| | Schedule 9, page 295, line 2, at end insert ‘that they have made’. |
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| | |
| | | |
| | Schedule 9, page 295, line 6, after ‘order’ insert ‘that they have made’. |
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| | |
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| | Schedule 9, page 296, line 38, at end insert— |
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| | | ‘(4A) | The Equality Act 2010 is amended as follows. |
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| | | (4B) | Insert in Schedule 19, Part 1, under “Local Government”, “Neighbourhood |
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| | | Forums designated under section 61F of the Town and Country Planning Act |
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| | | |
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| | | |
| | Schedule 9, page 297, line 27, at end insert ‘to whom a proposal for the making of |
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| | a neighbourhood development plan has been made’. |
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| | |
| | | |
| | Schedule 9, page 297, line 28, after ‘plan’ insert ‘to which the proposal relates’. |
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| | | |
| | Schedule 9, page 297, line 30, after ‘order’, insert ‘and those voting constitute at |
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| | least 20 per cent. of those eligible to vote in that referendum’. |
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| | | |
| | Schedule 9, page 299, line 11, after ‘(1)(b)’, insert ‘except that for the purpose of |
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| | this definition the reference to “50 megawatts” in section 15(2)(c) of the Planning Act |
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| | 2008 is to be read as “100 megawatts”’. |
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| | |
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| | | |
| | Schedule 10, page 300, line 12, at end insert ‘by the authority in relation to a |
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| | neighbourhood area within the area of the authority’. |
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| | |
| | | |
| | Schedule 10, page 301, leave out lines 2 to 5 and insert— |
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| | | ‘(1) | A local planning authority must give advice or assistance to qualifying bodies. |
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| | | (1A) | The resourcing and sequencing of advice and assistance to qualifying bodies will |
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| | | be determined by the local planning authority in consultation with the local |
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| | | |
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| | Schedule 10, page 301, line 5, at end insert ‘in relation to neighbourhood areas |
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| | |
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| | Schedule 10, page 302, line 40, at end insert— |
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| | | ‘6A(1) | A local planning authority must decline to consider a proposal for a |
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| | | neighbourhood development order if it considers that— |
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| | | (a) | the specified development or class of development falls within Annex |
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| | | 2 to the EIA directive and is likely to have significant effects on the |
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| | | environment by virtue of factors such as its nature, size or location, or |
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| | | (b) | the specified development or class of development is likely to have |
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| | | significant effects on a qualifying European site (whether alone or in |
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| | | combination with other plans or projects) and is not directly connected |
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| | | with or necessary to the management of that site. |
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| | | (2) | In determining whether or not the specified development or class of |
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| | | development is within sub-paragraph (1)(a), the authority must take into |
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| | | account any relevant criteria mentioned in Annex 3 to the EIA directive. |
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| | |
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| |
| | | (3) | If the authority decline to consider the proposal as a result of sub-paragraph |
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| | | (1), they must notify the qualifying body making the proposal of that fact and |
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| | | of their reasons for declining to consider it. |
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| | | (4) | Regulations may make provision requiring the publication of any decisions |
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| | | made by a local planning authority under this paragraph. |
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| | | (5) | In this paragraph “the EIA directive” means Council Directive 85/337/EEC on |
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| | | the assessment of the effects of certain public and private projects on the |
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| | | environment (as amended from time to time), “qualifying European site” |
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| | | |
| | | (a) | a European offshore marine site within the meaning of the Offshore |
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| | | Marine Conservation (Natural Habitats, &c.) Regulations 2007, or |
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| | | (b) | a European site within the meaning of the Conservation of Habitats |
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| | | and Species Regulations 2010, and “specified” means specified in the |
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| | | neighbourhood development order.’. |
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| | |
| | | |
| | Schedule 10, page 303, leave out lines 17 and 18. |
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| | |
| | |
| | |
| | | |
| | Schedule 10, page 303, leave out lines 34 to 36 and insert— |
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| | | ‘(a) | the making of the order is compatible with national objectives, policies |
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| | | and principles and advice contained in guidance issued by the |
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| | | |
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| | |
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| | | |
| | Schedule 10, page 303, line 36, at end insert— |
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| | | ‘(ab) | the making of the order would be compatible with the objectives and |
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| | | policies contained in any strategic development plan documents that |
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| | | apply to the neighbourhood area to which the draft order relates;’. |
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| | |
| | |
| | |
| | | |
| | Schedule 10, page 303, line 37, leave out ‘general conformity with the strategic |
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| | policies’ and insert ‘conformity with the objectives and policies’. |
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| | |
| | |
| | |
| | | |
| | Schedule 10, page 303, line 39, at end insert— |
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| | | ‘(ba) | the making of the order is compatible with any neighbourhood |
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| | | development orders made or neighbourhood development plans |
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| | | adopted in respect of any areas adjoining or impacted by the |
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| | | neighbourhood area to which the draft order relates;’. |
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| | |
| | | |
| | Schedule 10, page 303, line 40, after ‘order’, insert ‘, where possible, assists the |
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| | implementation and delivery, but at the very least’. |
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| | |
| | |
| | |
| | | |
| | Schedule 10, page 303, line 47, at end insert— |
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| | | |
| | | (a) | The examiner must exercise the functions in this Schedule with the |
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| | | objective of achieving sustainable development. |
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| | | (b) | For the purpose of subsection (4)(a), the independent examiner must act |
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| | | in accordance with any guidance issued by the Secretary of State.’. |
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| | |
| | |
| | | |
| | Schedule 11, page 313, line 8, leave out ‘neighbourhood development’ and insert |
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| | ‘community right to build’. |
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| | |
| | |
| | |
| | |
| | | |
| | Schedule 12, page 317, line 31, leave out paragraphs 22 to 24. |
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| | |
| | |
| | |
| | |
| | | |
| | Clause 102, page 72, line 34, at end insert— |
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| | | ‘(8) | Any persons carrying out pre-application consultation under subsection (1) must |
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| | | provide the Local Planning Authority and any specified persons with an |
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| | | independent examination of the economic and social impact of the proposed |
|
| | | |
| | | (9) | In order to comply with the requirements of subsection (8) any person carrying |
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| | | out pre-application consultation must agree the scope of the examination with the |
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| | | Local Planning Authority.’. |
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| | |
| | | |
| | Clause 102, page 72, line 34, at end add ‘and the advice (if any) given by a local |
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|
| |
| | |
| | |
| |
| | |
| | | (8) | In subsection (7) “local design review panel” means a panel appointed by the |
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| | | local planning authority to examine and advise on the design of the proposed |
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| | | |
| | |
| | |
| | | |
| | Schedule 13, page 327, line 30, leave out ‘(8)’ and insert ‘(9)’. |
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| | |
| | |
| | |
| | |
| | | |
| | Clause 108, page 90, line 2, at end insert— |
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| | | ‘(2A) | In making a direction about the handling of an application or proposed |
|
| | | application of a kind described in subsection (1)(a) or (b) the Secretary of State |
|
| | | must ensure that, so far as possible, it is not necessary after the abolition date to |
|
| | | take any step that is the same, or substantially the same, as a step taken in relation |
|
| | | to the application or proposed application before that date.’. |
|
| | |
| | |
| | | |
| | Clause 124, page 110, line 35, after ‘(c)’ insert ‘in a case which is not a restricted |
|
| | |
| | |
| | | |
| | Clause 124, page 110, line 36, leave out first ‘the’ and insert ‘a local housing’. |
|
| | |
| | |
| | | |
| | Clause 125, page 111, line 33, at end insert ‘, and |
|
| | | (b) | in subsection (4B) for “(3A) to” substitute “(4) and”.’. |
|
| | |
| | | |
| | Clause 125, page 112, leave out lines 25 to 30 and insert— |
|
| | | ‘(6) | Subsection (1) or (3) does not apply to a re-application by an applicant for |
|
| | | accommodation, or for assistance in obtaining accommodation, if the |
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|
