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Lords Amendment: No. 10, in page 25 line 35, at end insert:
and the Secretary of State shall, when considering whether to give a direction in pursuance of regulations made by virtue of paragraph (b) of this subsection and when considering the terms of any such direction, have regard in particular to the duties imposed on the Authority by section 3 of this Act.
§ Mr. NobleI beg to move, That this House doth agree with the Lords in the said Amendment.
The imposition by the Amendment of a duty on the Secretary of State to have regard to these matters represents a significant step in underlining the Authority's independence. This is something which both Houses requested.
§ Mr. Bruce Millan (Glasgow, Craigton)I welcome the Amendment. The question of appeals was discussed at considerable length in Committee and in the other place. We were not in the least bit happy with the Clause as it was originally drafted. This is an improvement, although it does not go anything 1509 like as far as the improvement that which we on this side would have liked to have made. The cross-reference in the appeals section to the guidance and the duties imposed on the authority by Clause 3 represents a considerable improvement. I hope that in practice it will mean that appeals on licensing matters will not be as wide open as the Clause as at present drafted would seem to permit.
§ Question put and agreed to.