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39.—(1) Section 11 (notification of assistance from Welsh Assembly for freight services) is amended as follows.
(2) In the heading for “Assembly” substitute “Ministers”.
(3) In subsection (1) for “the National Assembly for Wales makes or modifies a scheme setting out how it proposes to exercise its powers” substitute “the Welsh Ministers make or modify a scheme setting out how they propose to exercise their powers”.
(4) For subsection (2) substitute—
“(2) This section also applies if the Welsh Ministers make or modify a determination of the criteria that they will apply in exercising their functions under such a scheme.”
(5) In subsection (3), for “The National Assembly for Wales” substitute “The Welsh Ministers”.
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