Proposed amendments
221 amendments across 37 provisions
Clause 1 19
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further the prevention of acts contravening the international law of armed conflict,
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promote the resolution of armed conflicts or the protection of civilians in conflict zones,
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prevent the violation of sanctions regulations made under this Act.”
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further the prevention of serious organised crime and trafficking, in the United Kingdom or elsewhere.”
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promote the resolution of armed conflicts or the protection of civilians in conflict zones,
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prevent the violation of sanctions regulations made under this Act.”
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further the prevention of serious organised crime and trafficking, in the United Kingdom or elsewhere.”
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Section (Additional requirements for regulations for a purpose within section 1(2)) contains additional requirements in relation to regulations stating a purpose within subsection (2) above.”
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Regulations under this section must be accompanied by the publication of a written memorandum by the appropriate Minister, and such a memorandum must set out—
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Regulations under this section must be accompanied by the publication of a written memorandum by the appropriate Minister, and such a memorandum must set out—
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Regulations under this section must be accompanied by the publication of a humanitarian impact assessment, and such an assessment must be conducted—
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Regulations under this section must be accompanied by the publication of a humanitarian impact assessment, and such an assessment must be conducted—
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Before making regulations under this section, the appropriate Minister must carry out an impact assessment in consultation with the relevant stakeholders.
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“Additional requirements for regulations for a purpose within section 1(2)
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Clause 2 24
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striking off from the register of companies a designated person, or a person (other than an individual) owned or controlled by a designated person;
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striking off from the register of companies a designated person, or a person (other than an individual) owned or controlled by a designated person;
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Clause 5 3
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“unless an aircraft is providing legitimate travel to a person recognised as a refugee under the UN Convention Relating to the Status of Refugees”
Clause 6 2
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“unless the ship belongs to a person, or the ship provides legitimate travel to a person, recognised as a refugee under the UN Convention Relating to the Status of Refugees”
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Clause 7 1
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Clause 9 8
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Notification under subsection (3) means that a person designated under regulations must be informed of their designation, once the relevant regulations have been made, and such notification must include—
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Regulations under section 1 which contain a designation power must provide that where an appropriate Minister—
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Notification under subsection (3) means that a person designated under regulations must be informed of their designation, once the relevant regulations have been made, and such notification must include—
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The Regulations under subsection (3) must, in particular, provide that—
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Clause 10 10
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The decision to designate that person must be proportionate in all the circumstances, determined according to whether—
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considers that the designation of that person is appropriate, having regard to—
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The regulations must make provision for the notification of persons designated as “an involved person” under subsection (3)(a).
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The regulations must, in relation to any case where the Minister designates a person by name, require the information given under the provision made under section 9(3) to include a statement of reasons.
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The regulations must make provision for the notification of persons designated under subsection (3)(b) to (d), and such notifications must state, to the fullest possible extent consistent with the purpose of the regulations—
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Clause 11 7
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The regulations must contain provision which prohibits the exercise of that power except where conditions A to C are met.
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The decision to designate must be proportionate in all the circumstances, determined according to whether—
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considers that the designation of persons of the specified description is appropriate, having regard to—
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The regulations must, in relation to any case where the Minister provides that persons of a specified description are designated persons, require the information given under the provision made under section 9(3) to include a statement of reasons.
Clause 12 2
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“Proportionality
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Clause 13 1
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Clause 14 9
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provide for the procedure to be followed for an application for an exception or licence.”
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provide for a system which authorises the use of licences from other jurisdictions where more than one jurisdiction is involved.”
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Regulations must include provision for the establishment of a fast-track process for dealing with requests for exceptions and licences for humanitarian purposes.”
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Regulations must include provision for the establishment of a fast-track process for dealing with requests for exceptions and licences for humanitarian purposes.”
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The Secretary of State must, within the period of six months of the date on which this Act comes into force, undertake a consultation on measures to establish an overarching framework for exceptions and licences to be granted for the purposes of subsections (2) and (3).”
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The Secretary of State must, within the period of six months of the date on which this Act comes into force, undertake a consultation on measures to establish an overarching framework for exceptions and licences to be granted for the purposes of subsections (2) and (3).”
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humanitarian, development, reconstruction and peace-building agencies engaging with sanctioned individuals and entities in order to safely and effectively carry out their activities.”
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“Exceptions and licences for government funded humanitarian programmes
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“Reports on the use of humanitarian exemptions and licensing
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Clause 15 3
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Regulations under section 1 may not authorise the disclosure of information or the production of documents which are subject to legal professional privilege or in Scotland the obligation of confidentiality.”
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Clause 16 13
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for the Secretary of State, on the basis of relevant information, to wind up companies associated with designated persons if it is expedient and in the public interest to do so;
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for the Secretary of State, on the basis of relevant information, to wind up companies associated with designated persons if it is expedient and in the public interest to do so;
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In subsection (4)(a) “the maximum permitted period” means—
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The appropriate Minister must, in consultation with the Crown Prosecution Service, publish guidance for non-governmental organisations, banks and businesses about the prosecution of breaches of the sanctions regulations by such bodies.”
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An appropriate Minister must publish guidance from the Crown Prosecution Service on when it is in the public interest for a breach of a sanctions regulation to be prosecuted.”
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An appropriate Minister must publish guidance from the Crown Prosecution Service on when it is in the public interest for a breach of a sanctions regulation to be prosecuted.”
Clause 17 1
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For the purposes of subsection (2)(b), a body incorporated or constituted under the law of any part of the United Kingdom includes a body incorporated or constituted under the law of the following—
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Clause 18 2
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Clause 19 4
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Subsection (2) does not apply to designated persons who have not been notified of the reasons for their designation.”
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Clause 20 3
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Clause 26 3
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“Review by appropriate Minister of regulations under section 1
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No later than six months from the date of completion of a review under subsection (1), the appropriate Minister must lay the findings of the review before Parliament.”
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“Publication of an annual report
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Clause 27 2
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Regulations made under this section in relation to a request under section 19 , 21 , 23 or 25 must require—
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The appropriate Minister must by regulations make provision in respect of all such requests and reviews to ensure that the designated person is told, as soon as reasonably practicable after designation, why he has been so designated and the evidence on which such designation is based.
Clause 29 4
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considers that it is appropriate to give the direction, having regard to—
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Regulations made under subsection (7) must, in relation to any case where a direction under section 28 has been given, require the appropriate Minister who gave the direction (“the Minister”) to take without delay such steps as are reasonably practicable—
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Clause 30 2
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Regulations made under subsection (5) in relation to a request under this section or section 31 must require—
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Clause 32 2
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For the avoidance of doubt, in relation to a decision under subsection (1)(c) above, the court has power to set aside the designation if satisfied that it is in breach of the principles applicable on an application for judicial review.”
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In relation to a decision under subsection (1)(c) concerned with the designation of a person by reason of an obligation of the United Kingdom under a UN Security Council Resolution, the court must proceed in the following manner—
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Clause 35 2
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Regulations under this section may be renewed after a period of 12 months, but the relevant requirements of regulations under section 1 may not be suspended for a period in excess of three years except by regulations to which section 45(5) applies.”
Clause 36 2
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Where regulations under section 1 make provision as to the meaning of any reference in the regulations to a person “owned” or “controlled” by another person pursuant to section 50(3), the appropriate Minister must issue guidance.”
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reporting obligations;
Clause 38 8
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The condition referred to in subsection (1)(b) is that the appropriate Minister making the new regulations—
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Regulations under section 1, which are made by virtue of this section for the purposes of revoking or substantially reducing the effects of sanctions regulations, must be accompanied by the publication of a written memorandum by the appropriate Minister, and such a memorandum must set out—
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Where the purpose stated under section 1(3) in any regulations under section 1 is or includes compliance with a specified UN obligation or other international obligation, regulations made by virtue of this section may amend that purpose so as to—
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Regulations under section 1 may only be revoked by further regulations to which section 45(5) applies.”
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“Report where regulations for a purpose within section 1(2) are amended
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Clause 39 3
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which are not for the time being authorised by Chapter 1 (ignoring section 7), but
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For the avoidance of doubt, regulations under this section may not add to or amend the purposes mentioned in section 1(1) or amend section 1(2).”
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Clause 41 22
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“Money laundering
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“Public register of beneficial ownership of UK property by companies and other legal entities registered outside the UK
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“Money laundering exemptions
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“Failure to prevent money laundering
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“Disqualification
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“Consultation on reform of the law on corporate liability for money laundering and terrorist financing etc
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“Money laundering: technical amendment
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“Money laundering: standards and designations
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“Public registers of beneficial ownership of companies in the British overseas territories
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“Trust or company service providers
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“UK bank accounts
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“Due diligence
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“Companies House: due diligence and resources
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Regulations under subsection (1) may not make provisions that create new criminal offences.”
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Regulations under Part 2, Schedule 2 or section 44(3) may not make provisions that—
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“Public registers of beneficial ownership of companies in the British overseas territories
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“Failure to prevent money laundering
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“Public register of beneficial ownership of UK property by companies and other legal entities registered outside the UK
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“Registration of companies: anti-money laundering checks
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Clause 43 4
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enabling or facilitating the detection or investigation of money laundering, or preventing money laundering;
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“Reports on progress towards register of beneficial owners of overseas entities
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Clause 44 4
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Clause 45 8
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non-UN regulations under section 1 (see subsection (7)),”
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regulations under section 35,
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regulations under section 16,”
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A statutory instrument containing regulations under section 1 that repeals, revokes or amends—
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A statutory instrument containing regulations under section 41 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament, in accordance with the super-affirmative procedure as set out in section (Super-affirmative procedure for regulations under section 41).”
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“Super-affirmative procedure for regulations under section 41
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Clause 47 1
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Clause 50 7
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““company” means means a company registered under the Companies Act 2006 in the United Kingdom or a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies);”
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““overseas company” means a company incorporated or formed outside the United Kingdom;”
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““company” means means a company registered under the Companies Act 2006 in the United Kingdom or a company that may be wound up under Part 5 of the Insolvency Act 1986 (unregistered companies);”
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““overseas company” means a company incorporated or formed outside the United Kingdom;”
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Any reference in this Act to a person named “for the purposes of” a UN Security Council Resolution so far as it provides for the taking of particular measures includes any person who, by virtue of—
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Clause 51 3
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The Secretary of State must, no later than 12 months from the date on which this Act comes into force, lay before Parliament a report on the implementation and enforcement of the relevant legislation, to the extent that it applies to sanctions and money laundering, in each Crown Dependency and British overseas territory and the scope of such a report must include—
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Clause 52 2
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“Expiry of Act
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“Expiry of Act
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Clause 54 1
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section (Reports on progress towards register of beneficial owners of overseas entities);”
Schedule 2 27
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Require—
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Require any person carrying on relevant business who is of a description prescribed for the purposes of this paragraph (“a relevant person”) to have policies, controls and procedures which—
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““relevant business” means business of a kind which entails risks relating to money laundering, terrorist financing or other threats to the integrity of the financial system;”
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Authorise the Financial Conduct Authority and the Commissioners for Her Majesty’s Revenue and Customs to impose civil monetary penalties in relation to the contravention of prescribed requirements.”
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impose civil monetary penalties, and
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Regulations under section 41 may provide for the creation of a criminal offence only if the regulations also provide for either or both of the following in relation to the offence—
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““relevant person” means a person on whom requirements are imposed under paragraph 3;”
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Schedule 3 2
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“Insolvency Act 1986 (c. 45)
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“Insolvency Act 1986 (c. 45)