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40. In section 368L (suspension or restriction of service for inciting crime or disorder)(1)—
(a)in subsection (1), for paragraph (a) substitute—
“(a)that—
(i)the service has failed to comply with any requirement of section 368E(1) or (2) or sections 368F to 368H and that accordingly the provider has contravened section 368D(1), or
(ii)the provider has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively;”;
(b)in subsection (1)(b), after “due to” insert “, or has resulted in,”;
(c)in subsection (1)(c), after “contravention” insert “or failure”;
(d)in subsection (2), for paragraph (b) substitute—
“(b)give details about the matters which, in their opinion, constitute the contravention or failure in question;”.
Section 368L was inserted by S.I. 2009/2979.
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