HC Deb 22 October 1973 vol 861 cc927-32

Lords Amendment: No. 123, in page 251, line 21, at end insert: In section 11(2), after the word "the" there shall be inserted the words "area of the former".

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

It has the effect of maintaining the exemption in the Celluloid and Cinematograph Film Act 1922 under which the 1922 Act does not apply to Glasgow. The city has local Act powers first obtained in 1915 and subsequently consolidated in 1937.

Question put and agreed to.

Subsequent Lords amendments agreed to.

Lords Amendment: No. 128, in page 258, line 2, after "14(1)" insert "—(a)".

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With it we shall take Lords Amendment No. 129, in page 258, line 4, at end insert: (b) in the definition of "authorised person", in paragraph (b), for the words "local authority" there shall be substituted the words "islands or district council"; (c) in the definition of "local authority", for the words "county council and a town" there shall be substituted the words "regional, islands or district".

Mr. Younger

These are drafting amendments required to complete the replacement in the Protection of Birds Act 1954 of references to existing local authorities with references to the appropriate new local authorities.

Question put and agreed to.

Subsequent Lords amendment agreed to.

Lords Amendment: No. 130, in page 258, line 21, at end insert:

"The Crofters (Scotland) Act 1955

In section 37(1) (interpretation), in the definition of "crofting counties", after the word "the" there shall be inserted the word "former"."

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This is a drafting amendment to take account of the fact that the definition of the crofting counties in the 1955 Act relates to administrative areas replaced by this Bill.

Mr. Ross

Does this mean that there will be a re-definition of crofter counties? Crofter counties appear in some fairly important legislation in relation to grants. There are also crofter county road schemes and the rest. Now we are going to have a new definition of the Highland area and part of the right hon. Gentleman's constituency is, I believe, to be virtually included within the re-definition. Does this mean that the redefinition of the crofter counties administrative area will include areas which at present are not within crofter counties?

Mr. Gordon Campbell

The intention is simply drafting in order to translate the present situation into the terms of the Bill. But of course there may be questions about boundaries to be considered in future.

Mr. Ross

But presumably this provision does not make changes at the present time, in that the necessary changes in respect of the local authority administrative areas which may be new will be the only definition changes. Is it the case that there will be no other extension or the withdrawal of any area from former crofting counties?

Mr. Gordon Campbell

Yes. This is purely drafting and does not mean a change in boundaries and areas.

Question put and agreed to.

Lords Amendment: No. 131, in page 258, line 29, leave out "(4)" and insert "(2)".

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment corrects a printing error.

Question put and agreed to.

Lords Amendment: No. 132, in page 261, line 19, at end insert: In section 4 (saving for byelaws), for the words "subsection (5) of section 300 of the Local Government (Scotland) Act 1947" there shall be substituted the words "section 202(3) of the Local Government (Scotland) Act 1973".

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This is a drafting amendment to substitute in the Noise Abatement Act 1960 a reference to the provision in the Bill relating to byelaws which replaces Section 300(5) of the Local Government (Scotland) Act 1947.

Question put and agreed to.

Lords Amendment: No. 133, in page 267, line 21, at end insert:

"The Post Office Act 1969

. In section 86, in the definition of "local authority", in paragraph (b), for the words "county council or a town" there shall be substituted the words "regional, islands or district"."

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This provides a general definition of "local authority" in terms of the new structure for the purpose of the Post Office Act 1969.

Question put and agreed to.

Lords Amendment: No. 134, in page 267, line 35, at end insert: 'In section 26(b), for the word "County", in both places where it occurs, there shall be substituted the words "Islands Area".

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This is a drafting amendment to bring the specific reference to Orkney in the Agriculture Act 1970 into line with the new structure.

Question put and agreed to.

Lords Amendment: No. 135 in page 267, leave out lines 43 to 46.

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This removes from Schedule 27 a reference to the Chronically Sick and Disabled Persons Act 1970, which is duplicated in paragraph 81 of Schedule 14, where it more appropriately belongs.

Question put and agreed to.

Lords Amendment: No. 136, in page 268, line 9, at end insert:

"The Island of Rockall Act 1972

189A. In section 1, for the words from "District" to "Inverness" there shall be substituted the words "Western Isles"."

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

The House will recall that a short Act was passed in 1972 about the Island of Rockall. This is a minor amendment to substitute the name of the local authority area for the existing one within which Rockall falls.

Mr. Ross

I express great relief that the amendment is here. It was a source of some amusement when I raised this matter at an earlier stage and suggested that a change would have to be made. This is a very important change, and it will certainly seem so in 10 years' time, when we formally annexe the Island of Rockall to the County Council of Inverness.

Inverness being wiped out and becoming part, first of all, of the Highland Region in the White Paper, and eventually part of the Western Isles, which was most appropriate, I am very glad to see that notice was taken of the need for a change, but regret that the Government missed this important point at an earlier time, although their attention had been drawn to it.

Question put and agreed to.

Lords Amendment: No. 137, in page 268, line 19, at end insert: . In section 4(2) (authority to be informed about milk tests), for the words from "county council" to "situated" there shall be substituted the words "islands or district council in Scotland".

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment ensures that islands and district councils, which are to be responsible for the enforcement of milk legislation, will be notified of milk tests.

Question put and agreed to.

Lords Amendment, No. 138, in page 268, line 24, at end insert:

"The Independent Broadcasting Authority Act 1973

In section 11(6)(b), for the words from "council" to "small burgh" there shall be substituted the words "regional, islands or district council"."

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment redefines local authority for the purposes of Section 11 of the Independent Broadcasting Authority Act 1973.

Question put and agreed to.

Lords Amendment: No. 139, in page 268, line 24, at end insert:

"The Employment Agencies Act 1973

In section 13(1) (interpretation), the following amendments shall be made—

  1. (a) in the definition of "licensing authority", in paragraph (f), for the words from "a large burgh" onwards there shall be substituted the words "an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated";
  2. (b) in the definition of "local authority", for the words from "Scotland" onwards there shall be substituted the words "Scotland, means a regional, islands or district council"."

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment deals with a new local authority function which has been created by a statute, the Employment Agencies Act 1973, which has been enacted since the Bill was introduced. It confers on district and islands councils the function of licensing, inspecting and controlling employment agencies. The present local authorities on which the 1973 Act confers this function are the county and the large burgh.

Question put and agreed to.

Lords Amendment: No. 140, in page 268, line 24, at end insert:

"The Hallmarking Act 1973

193. In section 20 (local inquiries), in subsection (1)(b), for the words "subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947" there shall be substituted the words "subsections (2) to (8) of section 211 of the Local Government (Scotland) Act 1973"."

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment has been made necessary by the recently enacted Hallmarking Act 1973.

Question put and agreed to.

Lords Amendment: No. 141, in page page 268, line 24, at end insert:

"The Badgers Act 1973

. In section 11 (interpretation), in the definition of "local authority", in paragraph (c), for the words "a county or a burgh" there shall be substituted the words "an islands area or district"."

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment picks up a new reference to a local authority included in an Act of Parliament enacted since the Bill was introduced, and substitutes the appropriate new local authority for the present one.

Question put and agreed to.

Lords Amendment: No. 142, in page 268, line 24, at end insert:

"The Breeding of Dogs Act 1973

195. In section 5(2) (interpretation), in the definition of "local authority", for the words "the council of any county or burgh" there shall be substituted the words "an islands or district council"."

Mr. Gordon Campbell

I beg to move, That this House doth agree with the Lords in the said amendment.

This amendment gives the islands and district councils responsibility for registration in relation to commercial dog breeding establishments.

Question put and agreed to.

Forward to