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| |
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| | (b) | references to section 14 of that Act were references to subsection |
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| | |
| | (c) | references to the Minister were references to the Secretary of |
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| | |
| | (4) | Provision under section 98C(2) may be included in a draft order laid |
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| | under subsection (2) and, if it is, the explanatory document laid with the |
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| | draft order must also explain the proposals under section 98C(2) and give |
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| | details of any consultation undertaken under section 98C(5) with respect |
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| | |
| | (5) | Section 98C(6) does not apply to an order under section 9C(3) or (4) |
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| | which is made only for the purposes of amending an earlier such order— |
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| | (a) | so as to extend the earlier order, or any provision of the earlier |
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| | order, to a particular authority or to authorities of a particular |
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| | |
| | (b) | so that the earlier order, or any provision of the earlier order, |
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| | ceases to apply to a particular authority or to authorities of a |
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| | |
| | 98E | Limits on charging in exercise of general power |
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| | (1) | Subsection (2) applies where— |
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| | (a) | an ITA provides a service to a person otherwise than for a |
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| | |
| | (b) | its providing the service to the person is done, or could be done, |
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| | in exercise of the general power. |
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| | (2) | The general power confers power to charge the person for providing the |
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| | service to the person only if— |
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| | (a) | the service is not one that a statutory provision requires the |
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| | authority to provide to the person, |
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| | (b) | the person has agreed to its being provided, and |
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| | (c) | the authority does not have power to charge for providing the |
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| | |
| | (3) | The general power is subject to a duty to secure that, taking one financial |
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| | year with another, the income from charges allowed by subsection (2) |
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| | does not exceed the costs of provision. |
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| | (4) | The duty under subsection (3) applies separately in relation to each kind |
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| | |
| | (b) | Omit Chapter 3 of Part 5 of the Act. |
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| | (2) | In section 9A of the Transport Act 1968, before subsection (3), insert— |
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| | “(2A) | Chapter 2A of Part 5 of the Local Transport Act 2008 applies to the |
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| | Executive of each integrated transport area as it applies to the Authority. |
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| | (2B) | The powers exercisable by an Executive by virtue of subsection (2A) are |
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| | exercisable by the Executive in its own capacity.”. |
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| | (3) | In section 1(4) of the Local Authorities (Goods and Services) Act 1970, after “and |
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| | any joint authority established by Part IV of the Local Government Act 1985”, |
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| | insert “ and any passenger transport executive established under section 9 of the |
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| | |
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| | Compensation for compulsory purchase - assumptions as to planning permission |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Land Compensation Act 1961 is amended as follows. |
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| | (2) | For sections 14, 15 and 16 substitute— |
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| | “14 | Planning permissions - actual and assumed |
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| | (1) | For the purpose of assessing compensation in respect of any compulsory |
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| | acquisition, the matters to be taken into account in ascertaining the value |
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| | of the relevant interest shall include— |
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| | (a) | any planning permission for development on the relevant land or |
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| | any other land which is in force at the valuation date; |
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| | (b) | the prospect, in the circumstances known to the market at the |
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| | valuation date, of any other such planning permission being |
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| | granted in the future; and |
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| | (c) | the value attributable to development on the relevant land by |
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| | itself or together with other land for which planning permission |
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| | could reasonably have been expected to be granted where the |
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| | assumptions mentioned in subsection (3) are made (“appropriate |
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| | alternative development”). |
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| | (2) | In determining the value attributable to appropriate alternative |
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| | development for the purpose of subsection (1)(c) account shall be taken |
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| | |
| | (a) | any planning permission for appropriate alternative development |
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| | which could reasonably have been expected to be granted on an |
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| | application considered on the valuation date where the |
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| | assumptions mentioned in subsection (3) are made; and |
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| | (b) | the prospect, on the assumptions mentioned in subsection (3), |
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| | but otherwise in the circumstances known to the market at the |
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| | valuation date, of planning permission for other development |
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| | being granted in the future. |
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| | (3) | The assumptions referred to in subsections (1) and (2) are that the |
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| | circumstances at the date of determination of the application are the same |
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| | as exist at the valuation date except that— |
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| | (a) | the statutory project had been cancelled on whichever of the |
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| | following dates shall apply— |
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| | (i) | the date of first publication of notice of the making of the |
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| | compulsory purchase order as required under the |
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| | Acquisition of Land Act 1981; |
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| | (ii) | the date of first publication of notice of the application |
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| | for compulsory purchase powers contained in any order |
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| | to be made by the Secretary of State under any |
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| | |
| | (iii) | the date of first publication of notice of the deposit in |
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| | Parliament of the Bill containing the power to purchase |
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| | |
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| |
| |
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| | (b) | no action has been taken (including acquisition of any land, and |
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| | any development or works) by the acquiring authority, wholly or |
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| | mainly for the purpose of the statutory project; and |
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| | (c) | there is no prospect of the same project, or any other project to |
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| | meet the same or substantially the same need, being carried out |
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| | in the exercise of a statutory function, or by the exercise of |
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| | compulsory purchase powers. |
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| | (4) | In this section “the statutory project” means the project, for which the |
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| | authority has been authorised to acquire the relevant land, for a purpose |
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| | to be carried out in the exercise of a statutory function. |
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| | (5) | In cases of dispute, the area of the statutory project shall be determined |
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| | by the Upper Tribunal as a question of fact subject to the following |
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| | |
| | (a) | the statutory project shall be taken to be the area of |
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| | implementation of the authorised purposes within the area of the |
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| | compulsory purchase instrument, save to the extent that it is |
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| | shown (by either party) that it is part of a larger project; and |
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| | (b) | save by agreement or in special circumstances, the Upper |
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| | Tribunal shall not permit the authority to advance evidence of a |
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| | larger project, other than one defined in the compulsory purchase |
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| | instrument or the documents published with it.”. |
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| | (3) | For section 17 substitute— |
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| | “17 | Alternative development certificate |
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| | (1) | For the purpose of determining the permission or permissions to be taken |
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| | into account under section 14(2)(a), either of the parties directly |
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| | concerned may, at any time after the date of first publication of a notice |
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| | mentioned in section 14(3)(a), apply to the local planning authority for |
|
| | an alternative development certificate. |
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| | (2) | An “alternative development certificate” is a certificate stating— |
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| | (a) | the opinion of the local planning authority as to the appropriate |
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| | alternative development (if any) for which permission is to be |
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| | taken into account under section 14(2)(a); and |
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| | (b) | a general indication of any conditions, obligations or |
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| | requirements to which the permission would reasonably have |
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| | been expected to be subject. |
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| | (3) | Subject to any appeal made under section 18 of this Act, or any direction |
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| | of the Upper Tribunal given following such an appeal, an alternative |
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| | development certificate shall be conclusive of the matters stated in it for |
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| | the purposes of assessing compensatation.”. |
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| | (4) | For section 18 substitute— |
|
| | “18 | Appeals against alternative development certificates |
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| | (1) | Where the local planning authority has issued an alternative development |
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| | certificate under section 17 of this Act in respect of an interest in land— |
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| | (a) | any person entitled to claim compensation in respect of the |
|
| | compulsory acquisition of that interest, or |
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| | (b) | any authority possessing compulsory purchase powers and by |
|
| | whom that interest is proposed to be acquired, |
|
| | | may appeal to the Upper Tribunal against that certificate. |
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|
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| |
| |
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| | (2) | In relation to any appeal made under this section the Upper Tribunal |
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| | |
| | (a) | determine the timing and scope of the hearing of the appeal, |
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| | having regard to any related compensation reference; |
|
| | (b) | direct that the appeal be determined on its own, or at the same |
|
| | time as a reference relating to the determination of compensation |
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| | for which the certificate is required; and |
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| | (c) | direct that the hearing of the appeal should take the form of a |
|
| | local inquiry before a planning inspector appointed by the |
|
| | Secretary of State, and that the inspector be given delegated |
|
| | power to determine the appeal on behalf of the Tribunal.”. |
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| | (5) | For section 19 substitute— |
|
| | “19 | Application of certificate procedure in special cases |
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| | (1) | Subsection (2) applies where— |
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| | (a) | the person entitled to an interest in land which is proposed to be |
|
| | acquired by an authority possessing compulsory purchase |
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| | powers is absent from the Unitee Kingdom or cannot be found; |
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| | |
| | (b) | the compensation payable in respect of the interest falls to be |
|
| | determined by the valuation of a surveyor under section 58 of the |
|
| | Land Clauses Consolidation Act 1845. |
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| | (2) | A surveyor appointed for the purpose described in subsection (1) may |
|
| | apply to the local planning authority for an alternative development |
|
| | certificate under section 17 before valuing the interest. |
|
| | (3) | Sections 17 and 18 shall apply to an application made under this section. |
|
| | (4) | An application made under this section shall be accompanied by a |
|
| | statement specifying the date on which a copy of the application has been |
|
| | or will be served on each of the parties directly concerned. |
|
| | (5) | Where the local planning authority issued a certificate to a surveyor |
|
| | following an application under this section, the authority shall serve |
|
| | copies of the certificate on both the parties directly concerned.”. |
|
| | (6) | For sections 20 and 21 substitute— |
|
| | “20 | Power to prescibe matters relevant to Part III |
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| | (1) | The provisions which may be made by a development order shall include |
|
| | provisions for regulating the manner in which applications under section |
|
| | 17 and 19 and appeals under section 18 are to be made and dealt with |
|
| | respectively, and in particular— |
|
| | (a) | for prescribing the time within which an alternative development |
|
| | certificate is required to be issued; |
|
| | (b) | for prescribing the manner in which notices of appeals under |
|
| | section 18 are to be given, and the time for giving any such |
|
| | |
| | (c) | for requiring local planning authorities to provide the Secretary |
|
| | of State and such other persons (if any) as may be prescribed by |
|
|
|
| |
| |
|
| | or under the order with such information relating to the |
|
| | application as may be prescribed.”’. |
|
| |
| | |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In section 11 of the Local Government Act 2003, omit subsections (2)(b), (3) and |
|
| | |
| | (2) | Any regulation made under section 11(2)(b) of the Local Government Act 2003 |
|
| | shall cease to have effect from 1 April 2012.’. |
|
| |
| | Powers of Secretary of State |
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| |
| | |
| To move the following Clause:— |
|
| | ‘If the Secretary of State thinks that a statutory provision (whenever passed or |
|
| | made) requires a local authority to fund a service from which its residents do not |
|
| | benefit the Secretary of State may by order amend, repeal, revoke or disapply that |
|
| | |
| |
| |
| | |
| Clause 201, page 166, line 17, leave out ‘primary’. |
|
| | Clause, as amended, Agreed to. |
|
| | Clauses 202 and 203 Agreed to. |
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| | |
| | |
| |
|
|
| |
| |
|
| |
| | |
| Clause 205, page 168, line 21, leave out from ‘202(1)’ to ‘, and’ in line 22. |
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| |
| | |
| Clause 205, page 168, line 24, leave out ‘The following provisions extend’ and |
|
| insert ‘Section 108 extends’. |
|
| |
| | |
| Clause 205, page 168, leave out lines 27 to 29. |
|
| |
| | |
| Clause 205, page 168, line 29, at end insert— |
|
| | ‘(3A) | Sections 201, 202 and 204, this section and sections 206 and 207 extend also to |
|
| | |
| | Clause, as amended, Agreed to. |
|
| |
| |
| | |
| Clause 206, page 169, line 11, leave out ‘The following provisions’ and insert |
|
| ‘Subject to subsections (1) and (3) to (6), provisions of this Act’. |
|
| |
| | |
| Clause 206, page 169, leave out lines 13 to 43. |
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| |
| | |
| Clause 206, page 169, line 44, leave out from ‘provisions’ to ‘on’ in line 45 and |
|
| insert ‘so far as relating to Wales come into force’. |
|
| |
| | |
| Clause 206, page 169, line 46, at end insert— |
|
| | ‘(za) | Chapter 6 of Part 1,’. |
|
| |
| | |
| Clause 206, page 170, line 7, leave out subsection (4). |
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| |
| | |
| Clause 206, page 170, line 27, at end insert— |
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| | |