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| Page 96, line 20 [Clause 143], leave out ‘or authorised officer’. |
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| Page 96, line 26 [Clause 143], leave out ‘constable’ and insert ‘senior police |
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| Page 96, line 26 [Clause 143], leave out ‘or authorised officer’. |
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| Page 96, line 40, leave out Clause 144. |
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| Page 96, line 40, leave out Clause 144 and insert— |
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| | ‘144 | Applications for injunctions under section 142 |
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| | (1) | An application for an injunction under section 142 may be made by the |
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| | Commissioner of Police of the Metropolis to the High Court. |
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| | (2) | Notice of any application under subsection (1) must be served on the respondent |
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| | in accordance with the rules of the court. |
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| | (3) | The court must give the respondent an opportunity to make representations in |
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| | proceedings before it about the making of an injunction.’. |
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| Page 96, line 41 [Clause 144], leave out ‘constable’ and insert ‘senior police |
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| Page 96, line 41 [Clause 144], leave out ‘or authorised officer’. |
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| Page 96, line 43 [Clause 144], leave out ‘constable’ and insert ‘senior police |
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| Page 96, line 43 [Clause 144], leave out ‘or officer’. |
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| Page 97, line 1 [Clause 144], leave out ‘constable’ and insert ‘senior police |
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| Page 97, line 6 [Clause 144], leave out ‘The constable or authorised officer’ and |
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| Page 97, line 6 [Clause 144], leave out ‘constable’ and insert ‘senior police |
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| Page 97, line 6 [Clause 144], leave out ‘or authorised officer’. |
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| Page 97, line 7 [Clause 144], leave out from ‘under’ to end of line 8 and insert ‘this |
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| Page 97, line 7 [Clause 144], leave out ‘constable’ and insert ‘senior police |
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| Page 97, line 28, leave out Clause 145. |
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| Page 97, line 28, leave out Clause 145 and insert— |
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| | ‘145 | Breach of injunction |
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| | (1) | The court may impose a fine not exceeding level 3 on the standard scale where— |
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| | (a) | an injunction under section 142 is granted against a person, and |
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| | (b) | on an application made by the Commissioner of Police of the Metropolis, |
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| | the court is satisfied beyond reasonable doubt that the person is in breach |
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| | of the injunction without reasonable excuse. |
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| | (2) | For the avoidance of doubt, subsection (1) grants the only powers available to the |
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| | court where it finds that an injunction under section 142 has been breached.’. |
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| Page 97, line 28, leave out Clause 145 and insert— |
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| | ‘145 | Power of court on conviction |
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| | (1) | The court may, following the conviction of a person under section 141, make an |
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| | order requiring the person not to enter the controlled area of Parliament Square |
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| | for such period as may be specified in the order which may not exceed seven days. |
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| | (2) | Power of the court to make an order under this section is in addition to the court’s |
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| | power to impose a fine under section 142(8).’. |
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| Page 98, line 1, leave out Clause 146. |
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| Page 98, line 1, leave out Clause 146 and insert— |
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| | ‘146 | Discharge of injunction |
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| | (1) | The court may discharge an injunction if an application to discharge the |
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| | (2) | An application to discharge the injunction may be made by |
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| | (a) | Commissioner of Police of the Metropolis who applied for the injunction; |
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| | (3) | Before applying for the discharge of an injunction, the applicant mentioned in |
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| | subsection (2) must notify the other.’. |
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| Page 98, line 34 [Clause 147], leave out ‘authorised officer and’. |
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| Page 98, line 36 [Clause 147], leave out subsection (2). |
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| Page 98, line 34, leave out Clause 147. |
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| Page 99, line 4, leave out Clause 148. |
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| Page 99, line 25, leave out Clause 149. |
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| Page 100, line 8 [Clause 151], after ‘appropriate’, insert ‘and insert the words “and |
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| shall include a number of persons comprising at least a third of the membership with wide |
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| and recent experience of relevant areas of science or medicine.”.’. |
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| Page 102, line 24 [Clause 156], at end insert— |
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| | ‘(2A) | Commencement of Part 1 of this Act is subject to Clause [Commencement of Part |
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| Page 102 [Clause 156], leave out line 27. |
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| Page 215, line 26 [Schedule 17], after first ‘that’, insert ‘— |
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| | (a) | the Secretary of State has consulted in accordance with section 2B and |
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| | has determined that the order should be made, or |
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| | (b) | the Secretary of State has received a recommendation under that section |
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| | that the order should be made. |
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| | (3A) | The Secretary of State may make the determination mentioned in subsection |
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| Page 216, line 6 [Schedule 17], at end insert— |
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| | ‘(6A) | The power of the Secretary of State to make an order under this section is subject |
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| Page 216, line 10 [Schedule 17], at end insert— |
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| | ‘2B | Orders under section 2A: role of Advisory Council etc |
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| | (1) | Before making an order under section 2A the Secretary of State— |
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| | (a) | must consult as mentioned in subsection (2), or |
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| | (b) | must have received a recommendation from the Advisory |
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| | Council to make the order. |
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| | (2) | The Secretary of State must consult— |
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| | (a) | the Advisory Council, or |
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| | (b) | if the order is to be made under section 2A(1) and the urgency |
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| | condition applies, the person mentioned in subsection (3). |
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| | (3) | The person referred to in subsection (2)(b) is— |
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| | (a) | the person who is for the time being the chairman of the |
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| | Advisory Council appointed under paragraph 1(3) of |
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| | (b) | if that person has delegated the function of responding to |
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| | consultation under subsection (1)(a) to another member of the |
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| | Advisory Council, that other member. |
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| | (4) | The “urgency condition” applies if it appears to the Secretary of State |
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| | that the misuse of the substance or product to be specified in the order |
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| | as a drug subject to temporary control, or the likelihood of its misuse, |
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| | poses an urgent and significant threat to public safety or health. |
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| | (5) | The duty of the Advisory Council or any other person consulted under |
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| | subsection (1)(a) is limited to giving to the Secretary of State that |
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| | person’s opinion as to whether the order in question should be made. |
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| | (6) | A recommendation under subsection (1)(b) that a temporary class drug |
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| | order should be made may be given by the Advisory Council only if it |
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| | appears to the Council that— |
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| | (a) | the substance or product is a drug that is being, or is likely to |
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| | (b) | that misuse is having, or is capable of having, harmful |
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| Page 219, line 24 [Schedule 17], after ‘2A,’ insert ‘2B,’. |
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| Title, line 3, after ‘alcohol’, insert ‘, and for the repeal of provisions about alcohol |
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| | Bill read the third time on division, and passed. |
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