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| | | ‘(3) | In section 20(5) of the Planning and Compulsory Purchase Act 2004 |
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| | | (development plan documents: purpose of independent examination) after |
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| | | paragraph (b) insert “; and |
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| | | (c) | whether the local planning authority complied with any duty |
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| | | imposed on the authority by section 33A in relation to its |
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| | Page 61, line 36 [Clause 90], at end insert— |
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| | | (a) | “marine plan” has the same meaning as in section 51 of the Marine and |
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| | | (b) | “marine plan authority” has the same meaning as in section 50 of the |
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| | | Marine and Coastal Access Act 2009; |
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| | | (c) | “sea” has the same meaning as in section 42 of the Marine and Coastal |
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| | | |
| | | (8) | The fulfilment of the duty in subsection (1) shall be regarded as a material |
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| | | consideration by an independent examiner carrying out functions under section |
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| | | 20(7) of the Planning and Compulsory Purchase Act 2004.’. |
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| | Page 62, line 29 [Clause 92], after ‘conclude’, insert ‘— |
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| | Page 62, line 30 [Clause 92], at end insert ‘and |
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| | | (ii) | that the local planning authority complied with any duty imposed |
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| | | on the authority by section 33A in relation to the document’s |
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| | Page 66, line 33 [Clause 95], leave out from ‘levy)’ to end of line 38 and insert ‘in |
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| | subsection (2), after second ‘ensure’, leave out to the end of the subsection and insert ‘that |
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| | owners and developers of land make a financial contribution to support communities in |
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| | the area in which their development is situated, including the provision of infrastructure |
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| | and the building, improvement and renovation of housing.’. |
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| | Page 288, line 11 [Schedule 9], leave out ‘section 61G’ and insert ‘sections 61G |
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| | Page 289 [Schedule 9], leave out lines 20 to 30 and insert— |
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| | | ‘(a) | it is established expressly for either or both of the following |
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| | | (i) | furthering the social, economic and environmental |
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| | | well-being of individuals living, or wanting to live, in |
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| | | an area that consists of or includes the neighbourhood |
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| | | |
| | | (ii) | promoting the carrying on of trades, professions or |
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| | | other businesses in such an area, |
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| | | (b) | its membership is open to— |
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| | | (i) | individuals who live in the neighbourhood area |
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| | | (ii) | individuals who work there (whether for businesses |
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| | | carried on there or otherwise), and |
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| | | (iii) | individuals who are elected members of a county |
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| | | council, district council or London borough council |
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| | | any of whose area falls within the neighbourhood area |
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| | | |
| | | (c) | its membership includes a minimum of 21 individuals each of |
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| | | (i) | lives in the neighbourhood area concerned, |
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| | | (ii) | works there (whether for a business carried on there |
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| | | (iii) | is an elected member of a county council, district |
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| | | council or London borough council any of whose area |
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| | | falls within the neighbourhood area concerned, |
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| | | (d) | it has a written constitution, and |
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| | | (e) | such other conditions as may be prescribed.’. |
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| | Page 289, line 23 [Schedule 9], after ‘live’, insert ‘, or businesses registered,’. |
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| | Page 289, line 26 [Schedule 9], after ‘live’, insert ‘, or businesses registered,’. |
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| | Page 289, line 27 [Schedule 9], at end insert— |
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| | | ‘(ba) | the organisation or body is competent to undertake the task of |
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| | | preparing a neighbourhood plan with appropriate professional |
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| | Page 289, line 27 [Schedule 9], at end insert— |
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| | | ‘(ba) | the organisation or body is representative of different sections of the |
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| | Page 289, line 28 [Schedule 9], leave out ‘3’ and insert ‘12’. |
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| | Page 289, line 34 [Schedule 9], at end insert— |
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| | | ‘(aa) | must, in determining under subsection (5) whether to |
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| | | designate an organisation or body as a neighbourhood forum |
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| | | for a neighbourhood area, have regard to the desirability of |
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| | | designating an organisation or body— |
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| | | (i) | which has secured (or taken reasonable steps to |
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| | | attempt to secure) that its membership includes at |
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| | | least one individual falling within each of sub- |
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| | | paragraphs (i) to (iii) of subsection (5)(b), |
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| | | (ii) | whose membership is drawn from different places in |
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| | | the neighbourhood area concerned and from different |
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| | | sections of the community in that area, and |
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| | | (iii) | whose purpose reflects (in general terms) the |
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| | | character of that area,’. |
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| | Page 290, line 28 [Schedule 9], at end insert— |
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| | | ‘(d) | requiring a local planning authority to have regard (in |
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| | | addition, where relevant, to the matters set out in subsection |
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| | | (7)(aa)) to prescribed matters in determining whether to |
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| | | designate an organisation or body as a neighbourhood |
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| | Page 292, line 2 [Schedule 9], at end insert— |
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| | | ‘61GA | Neighbourhood areas in areas of two or more local planning |
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| | | (1) | The power to designate an area as a neighbourhood area under section |
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| | | 61G is exercisable by two or more local planning authorities in |
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| | | England if the area falls within the areas of those authorities. |
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| | | (2) | Regulations may make provision in connection with— |
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| | | (a) | the operation of subsection (1), and |
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| | | (b) | the operation of other provisions relating to neighbourhood |
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| | | development orders (including sections 61F and 61G) in cases |
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| | | where an area is designated as a neighbourhood area as a |
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| | | result of that subsection. |
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| | | (3) | The regulations may in particular make provision— |
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| | | (a) | modifying or supplementing the application of, or |
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| | | disapplying, any of the provisions mentioned in subsection |
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| | | (b) | applying (with or without modifications) any provision of Part |
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| | | 6 of the Local Government Act 1972 (discharge of functions) |
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| | | in cases where the provision would not otherwise apply, |
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| | | (c) | requiring local planning authorities to exercise, or not to |
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| | | exercise, any power conferred by any provision of that Part |
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| | | (including as applied by virtue of paragraph (b)), and |
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| | | (d) | conferring powers or imposing duties on local planning |
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| | Page 292, line 25 [Schedule 9], at end insert ‘except for the winning and working of |
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| | minerals in, on or under land by surface working and any associated activity.’. |
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| | Page 293, line 31 [Schedule 9], leave out ‘commences’ and insert ‘begins’. |
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| | Page 293, line 41 [Schedule 9], leave out ‘commenced’ and insert ‘begun’. |
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| | Page 296, line 11 [Schedule 9], at end insert— |
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| | | ‘(ba) | in subsection (5), for “to be adopted, approved or published (as the |
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| | | case may be)” substitute “to become part of the development plan”,’. |
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| | Page 297, line 39 [Schedule 9], leave out ‘section 61G’ and insert ‘sections 61G |
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| | Page 298, line 6 [Schedule 9], at end insert— |
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| | | ‘(1A) | Only one neighbourhood development plan may be made for each |
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| | Page 298, line 6 [Schedule 9], at end insert— |
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| | | ‘(1A) | A neighbourhood development plan must include policies to— |
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| | | (a) | achieve reductions of greenhouse gas emissions in line with the carbon |
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| | | budgets set under the Climate Change Act 2008; |
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| | | (b) | meet current national policy objectives on assessing the risk of and |
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| | | adapting to climate change, in relation to that area.’. |
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| | Page 298, line 26 [Schedule 9], at end insert— |
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| | | ‘(ab) | section 61GA(2) and (3) (neighbourhood areas in areas of two |
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| | | or more local planning authorities),’. |
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| | Page 299, line 2 [Schedule 9], at end insert— |
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| | | ‘(d) | paragraph 8 is to have effect as if sub-paragraphs (2)(aa) and |
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| | | (ab) and (2A) to (2C) were omitted.’. |
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| | Page 300, line 38 [Schedule 10], |
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| | | ‘(h) | imposing a duty to conduct an equalities impact assessment in line |
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| | | with the Equality Act 2010.’. |
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| | Page 302 [Schedule 10], leave out lines 27 and 28. |
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| | Page 302, line 31 [Schedule 10], at end insert— |
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| | | ‘(7) | The Secretary of State or another local planning authority may enter |
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| | | into arrangements with the authority for the provision of the |
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| | | services of any of their employees as examiners. |
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| | | (8) | Those arrangements may include— |
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| | | (a) | provision requiring payments to be made by the authority |
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| | | to the Secretary of State or other local planning authority, |
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| | | (b) | other provision in relation to those payments and other |
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| | Page 302, line 46 [Schedule 10], at end insert— |
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| | | ‘(aa) | having special regard to the desirability of preserving any |
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| | | listed building or its setting or any features of special |
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| | | architectural or historic interest that it possesses, it is |
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| | | appropriate to make the order, |
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| | | (ab) | having special regard to the desirability of preserving or |
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| | | enhancing the character or appearance of any conservation |
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| | | area, it is appropriate to make the order,’. |
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| | Page 303, line 8 [Schedule 10], at end insert— |
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| | | ‘(2A) | Sub-paragraph (2)(aa) applies in relation to a listed building only in |
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| | | so far as the order grants planning permission for development that |
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| | | affects the building or its setting. |
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| | | (2B) | Sub-paragraph (2)(ab) applies in relation to a conservation area |
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| | | only in so far as the order grants planning permission for |
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| | | development in relation to buildings or other land in the area. |
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| | | (2C) | In this paragraph “listed building” has the same meaning as in the |
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| | | Planning (Listed Buildings and Conservation Areas) Act 1990.’. |
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| | Page 303, line 14 [Schedule 10], at end insert— |
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| | | ‘(1A) | Any person who makes written representations seeking to change a |
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| | | neighbourhood development order must (if he or she so requests) be given the |
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| | | opportunity to appear before and be heard by the person carrying out the |
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| | Page 312, line 31 [Schedule 11], at end insert— |
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| | | ‘(6) | Any reference in this Act or any other enactment to paragraph 12 of |
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| | | Schedule 4B includes a reference to that paragraph as modified in |
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| | | accordance with this paragraph.’. |
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| | Page 313, line 10 [Schedule 11], leave out ‘by a community organisation’. |
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| | Page 71, line 15 [Clause 100], leave out from ‘may’ to end of line 16 and insert ‘do |
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| | anything that the Secretary of State considers appropriate—’. |
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| | Page 71, line 20 [Clause 100], leave out from ‘of’ to ‘anything’ in line 21 and insert |
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| | ‘giving advice or assistance to anyone in relation to the making of proposals for such |
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| | orders or plans or the doing of’. |
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|
