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In section 76E(4) of the 1980 Act (which provides for enforcement, by default order, of requirements as to quality of water unless the Secretary of State is satisfied that failures complained of were of a trivial nature or that certain undertakings given are being complied with), in paragraph (a)—
(a)the words after “of”, where it first occurs, shall be sub-paragraph (i) of the paragraph; and
(b)after that sub-paragraph there shall be added— “; or
(ii)are not continuing and are unlikely to recur;”.
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