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| | Page 223, line 10 [Schedule 3], leave out sub-paragraph (6). |
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| | Page 224, line 21 [Schedule 3], leave out sub-paragraph (5). |
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| | Page 225, line 20 [Schedule 3], leave out ‘In section’ and insert— |
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| | Page 225, line 20 [Schedule 3], leave out ‘in’ and insert ‘is amended as follows. |
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| | Page 225, line 21 [Schedule 3], at end insert— |
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| | | ‘(3) | In subsection (3) in the definition of “area committee” for the words from |
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| | | “means—” to “in Wales,” substitute “means”. |
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| | | (4) | Omit subsections (4) and (5). |
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| | | (5) | In subsection (6) omit “in Wales”.’. |
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| | Page 226, line 23 [Schedule 3], at end insert— |
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| | | ‘(2A) | In subsection (2ZA) omit “in Wales”.’. |
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| | Page 226, line 25 [Schedule 3], leave out ‘, (b) and (e)’ and insert ‘and (b)’. |
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| | Page 226, line 26 [Schedule 3], leave out paragraph (b) and insert— |
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| | | ‘(b) | in paragraph (e) for the words from “committee—” to “a joint |
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| | | overview and scrutiny committee” substitute “committee”.’. |
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| | Page 226, line 28 [Schedule 3], leave out ‘sections’. |
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| | Page 226, line 28 [Schedule 3], leave out ‘section 21A’ and insert ‘21A and 21B’. |
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| | Page 226, line 33 [Schedule 3], at end insert— |
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| | | ‘(5A) | In subsection (10A) omit “in Wales”.’. |
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| | Page 226, line 34 [Schedule 3], leave out ‘omit paragraph (aa).’ and insert ‘— |
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| | | (a) | in paragraph (aa) omit the words from “by virtue of” to “England) or”, |
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| | | (b) | in paragraph (c) omit the words from the beginning to “in Wales”.’. |
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| | Page 226, line 35 [Schedule 3], leave out sub-paragraph (7). |
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| | Page 226, line 42 [Schedule 3], leave out sub-paragraphs (2) and (3) and insert— |
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| | | ‘(2) | In subsection (3) omit the words from “(in the case of a local authority in |
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| | | |
| | | (3) | In subsection (6)(a) omit the words from “section 236” to “2007 or”. |
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| | | (4) | Omit subsections (10) and (11). |
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| | | (5) | In subsection (12) omit “in Wales”.’. |
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| | Page 227, line 3 [Schedule 3], leave out paragraph 29. |
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| | Page 227, line 7 [Schedule 3], leave out ‘Omit section’ and insert— |
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| | Page 227, line 8 [Schedule 3], after ‘information)’, insert ‘is amended as follows. |
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| | | (2) | In subsection (1)(b) omit sub-paragraph (ii). |
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| | | (3) | In subsection (2) omit “or providing a copy of the document to a relevant |
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| | | (a) | in the definition of “exempt information”— |
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| | | (i) | omit “section 246 of the National Health Service Act 2006 |
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| | | (ii) | at the end insert “and”, and |
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| | | (b) | omit the definition of “relevant partner authority”.’. |
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| | Page 227, line 10 [Schedule 3], at end insert— |
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| | | ‘32A (1) | Section 21F (as inserted by the Local Government (Wales) Measure 2011) |
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| | | (Wales: notifying designated body of report or recommendations) is amended |
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| | | (2) | In the title for “Wales: notifying” substitute “Notifying”. |
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| | | (3) | In subsection (1) omit “in Wales”.’. |
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| | Page 227, line 11 [Schedule 3], after ‘21F’, insert ‘(as inserted by the Flood and |
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| | Water Management Act 2010)’. |
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| | Page 227, line 12 [Schedule 3], at end insert— |
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| | | ‘33A | In the title of section 21G (Wales: designated persons) for “Wales: designated” |
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| | | substitute “Designated”.’. |
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| | Page 227, line 16 [Schedule 3], leave out sub-paragraph (3) and insert— |
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| | | ‘(3) | In subsection (12A)— |
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| | | (a) | for the words from “Secretary” to “Wales),” substitute “Welsh |
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| | | (b) | in paragraph (a) omit the words from “, or under” to “section 21B,”.’. |
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| | Page 227, line 31 [Schedule 3], leave out paragraph 39. |
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| | Page 227, line 33 [Schedule 3], leave out paragraph 40. |
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| | Page 227, line 37 [Schedule 3], leave out paragraph 41 and insert— |
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| | | ‘41 | Omit section 31 (alternative arrangements).’. |
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| | Page 228, line 5 [Schedule 3], leave out paragraph 42 and insert— |
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| | | ‘42 | Omit section 32 (alternative arrangements).’. |
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| | Page 228, line 15 [Schedule 3], leave out paragraph 43. |
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| | Page 228, line 18 [Schedule 3], at end insert— |
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| | | ‘43A (1) | Section 33ZA (Wales: changing governance arrangements) is amended as |
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| | | (2) | In the heading for “Wales: changing” substitute “Changing”. |
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| | Page 228, line 19 [Schedule 3], leave out from ‘arrangements)’ to end of line 21. |
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| | Page 231, line 37 [Schedule 3], leave out sub-paragraph (5). |
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| | Page 16, line 18 [Clause 16], leave out ‘may’ and insert ‘must’. |
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| | Page 16, line 19 [Clause 16], leave out ‘any manner that it considers appropriate’ |
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| | and insert ‘such manner as it considers is likely to bring the adoption, revision or |
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| | withdrawal of the code of conduct to the attention of persons who live in its area’. |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies to a local or public authority which has been given a notice |
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| | | under section 32 in respect of an EU financial sanction which is or includes a |
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| | | (2) | Before imposing a requirement on a local or public authority to which this section |
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| | | applies to make a further payment under this Part, a Minister of the Crown must |
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| | | give a further warning notice to the authority and follow the procedures set out in |
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| | | that notice (subject to any changes to those procedures made under subsection |
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| | | |
| | | (3) | A further warning notice is a notice stating that the Minister believes— |
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| | | (a) | that acts of that authority may have caused or contributed to the |
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| | | continuing infraction of EU law for which the EU financial sanction in |
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| | | question was imposed; and |
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| | | (b) | that, if acts of that authority did cause or contribute to that continuing |
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| | | infraction of EU law, it would be appropriate to consider requiring the |
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| | | authority to make a further payment under this Part in respect of any |
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| | | relevant periodic payments. |
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| | | (4) | In this section “relevant periodic payments” means periodic payments falling due |
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| | | from the United Kingdom as part of the EU financial sanction in question |
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| | | (a) | have not already been the subject of an EU financial sanction notice |
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| | | given to the authority; and |
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| | | (b) | fall due before a date specified in the further warning notice. |
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| | | (5) | The date so specified must not be later than the day on which the further warning |
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| | | notice is given to the authority in question. |
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| | | (6) | The warning notice must also— |
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| | | (a) | set out the Minister’s reasons for making the statements mentioned in |
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| | | (b) | if the Minister thinks it appropriate to do so, specify the amount of the |
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| | | payment the Minister considers the authority would be required to pay on |
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| | | the assumption that the relevant circumstances have not changed since |
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| | | the most recent EU financial sanction notice was given to the authority; |
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| | | (c) | set out the procedures for determining— |
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| | | (i) | whether the authority should be required to make a payment in |
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| | | respect of any relevant periodic payments, and |
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| | | (ii) | the amount of any payment the authority is to be required to |
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| | | (d) | invite the authority to make representations to the Minister about— |
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| | | (i) | any change of circumstances since the most recent EU financial |
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| | | (ii) | anything else that may be relevant to the determination of the |
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| | | matters mentioned in paragraph (c)(i) and (ii). |
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| | | (7) | The further warning notice may contain such other information as the Minister |
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| | | considers appropriate (including, in particular, anything of a description |
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| | | mentioned in section 31(3)(b) to (e)). |
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| | | (8) | The Minister may, before the matters mentioned in subsection (6)(c)(i) and (ii) |
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| | | are determined, give the authority a notice stating any changes that the Minister |
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| | | has decided to make to any procedures or other information set out in the further |
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| | | |
| | | (9) | A further warning notice given to a local or public authority may be withdrawn |
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| | | at any time before the matters mentioned in subsection (6)(c)(i) and (ii) are |
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| | | determined, but this does not prevent another further warning notice being given |
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| | | |
| | | Further EU financial sanction notices |
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| | To move the following Clause:— |
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| | | ‘(1) | A Minister of the Crown may give a further EU financial sanction notice to a local |
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| | | or public authority to which section [Further warning notices] applies in respect |
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| | | of any relevant periodic payments (within the meaning of that section). |
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| | | (2) | A further EU financial sanction notice may be given only if the Minister is |
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| | | satisfied that acts of that authority have caused or contributed to the continuing |
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| | | infraction of EU law for which the EU financial sanction in question was |
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| | | |
| | | (3) | Section 32(2) and (3) to (5) apply to a further EU financial sanction notice as they |
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| | | apply to an EU financial sanction notice under section 32. |
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| | | (4) | In the application of those provisions to a further EU financial sanction notice, |
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| | | references to the total amount of the sanction are to be read as referring to the total |
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| | | amount of the relevant periodic payments that are the subject of the notice.’. |
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| | Page 22, line 7 [Clause 30], leave out ‘260’ and insert ‘260(2)’. |
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| | Page 22, line 14 [Clause 30], at end insert ‘; or |
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| | | (b) | in the case of an EU financial sanction that is or includes a penalty |
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| | | payment, by a further EU financial sanction notice under section [Further |
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| | | EU financial sanction notices] given by the Minister to that authority |
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| | | after complying with the requirements of section [Further warning |
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| | Page 23, line 29 [Clause 31], at end insert— |
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| | | ‘(3A) | If the EU financial sanction to which the warning notice relates is or includes a |
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| | | penalty payment, the sanction is to be treated for the purposes of the warning |
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| | | notice as excluding any periodic payment which falls due from the United |
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| | | Kingdom on or after a date specified in the warning notice. |
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| | | (3B) | The date so specified must not be later than the day on which the warning notice |
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| | | is given to the authority in question.’. |
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| | Page 23, line 39 [Clause 31], leave out ‘a further’ and insert ‘another’. |
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| | Page 24, line 1 [Clause 32], at end insert ‘and the total amount of that sanction,’. |
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| | Page 24, line 10 [Clause 32], at end insert— |
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| | | ‘(2A) | If the EU financial sanction to which the notice relates is or includes a penalty |
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| | | payment, the sanction is to be treated for the purposes of the notice as excluding |
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| | | any periodic payment which falls due from the United Kingdom on or after the |
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| | | date specified under section 31(3A) in the warning notice given to the authority.’. |
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| | Page 24, line 11 [Clause 32], leave out ‘specified in the notice’ and insert ‘required |
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| | to be paid by the authority’. |
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| | |
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| | Page 24, line 33 [Clause 33], at end insert— |
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| | | ‘(d) | the Council of the Isles of Scilly.’. |
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| | Page 24, line 37 [Clause 33], at end insert— |
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| | | ‘(4) | The following may not be designated under subsection (3)— |
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| | | (a) | either House of Parliament, a Minister of the Crown or a United Kingdom |
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| | | |
| | | (b) | a court or tribunal.’. |
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| | Page 24, line 41 [Clause 34], at end insert ‘or section [Further EU financial |
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| | Page 25, line 3 [Clause 34], leave out ‘an obligation under the EU treaties’ and |
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| | insert ‘a judgment of the Court of Justice of the European Union made under Article |
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| | 260(1) of the Treaty on the Functioning of the European Union’. |
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| | Page 25, line 6 [Clause 34], at end insert— |
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| | | ‘(2) | For the purposes of this Part— |
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| | | (a) | references to a periodic payment, in relation to an EU financial sanction |
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| | | that is or includes a penalty payment, are to a payment due under the |
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| | | terms of the penalty payment; and |
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| | | (b) | a periodic payment is to be regarded as the subject of an EU financial |
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| | | sanction notice given to a local or public authority if it is included in the |
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| | | sum specified in such a notice as the total amount of the EU financial |
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| | | sanction to which the notice relates; |
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| | | | and it is immaterial for the purposes of paragraph (b) whether the EU financial |
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| | | sanction notice in question is given under section 32 or section (Further EU |
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| | | financial sanction notice).’. |
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| | |
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| | Page 61, line 4 [Clause 90], after ‘authority,’, insert— |
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| | | ‘(aa) | a county council in England that is not a local planning authority,’. |
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| | Page 61, line 7 [Clause 90], after ‘(a)’, insert ‘, (aa)’. |
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| | Page 61, line 8 [Clause 90], after ‘(b)’, insert ‘or subsection (7)’. |
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| | |
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| | Page 61, line 11 [Clause 90], after ‘person’, insert ‘— |
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| | Page 61, line 13 [Clause 90], at end insert ‘, and |
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