HC Deb 18 July 1974 vol 877 cc839-42

Lords amendment: No. 55, after Schedule 3, in page 91, line 16, at end insert new Schedule "A"—

Provisions applied and Modifications

1. Section 13(1) (various powers)

  1. (a) Paragraph (b) shall be omitted;
  2. (b) references to the Commission or the Secretary of State shall be read as references to the appropriate Agricultural Minister, so 840 however that references to the Commission's functions shall be read as references to the functions of that Minister under the relevant statutory provisions in relation to matters relating exclusively to the relevant agricultural purposes.

2. Section 14 (power to direct investigations and inquiries).

  1. (a) References to the Commission shall be read as references to the appropriate Agriculture Minister;
  2. (b) in subsection (1), the reference to the general purposes of Part I shall be read as a reference to the relevant agricultural purposes;
  3. (c) in subsection (2), for the words from "direct" to "other" in paragraph (a) there shall be substituted the words "authorise any", the words "with the consent of the Secretary of State" shall be omitted, and for the words from "only matters" to the end of the subsection there shall be substituted the words "matters relating exclusively to the relevant agricultural purposes";

3. Section 16 (approval of codes of practice). (d) in subsection (6), eferences to the Secretary of State shall be read as references to the appropriate Agriculture Minister.

  1. (a) In subsection (I), the words from "and except" to "agricultural operations" shall be omitted, but so that the section shall confer power to approve or issue codes of practice for any provision mentioned in section 16(1) only for the purposes of the application for that provision to matters relating exclusively to the relevant agricultural purposes;
  2. (b) a code of practice may either be approved for Great Britain and be so approved by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or be approved for England and Wales only and be so approved by that Minister or be approved for Scotland only and be so approved by the Secretary of State, and the references to the Commission shall accordingly be read as references to the Agriculture Ministers or the said Minister or the Secretary of State as the case may require:
  3. (c) for subsection (2) there shall be sub-stituted—

"(2) Before approving a code of practice under subsection (1) above the Minister or Ministers proposing to do so shall consult the Commission and any other body that appears to him or them to be appropriate.";

4. Section 17(3) (use of approved codes in criminal proceedings). (d) for subsection (5) there shall be sub-stituted—

(5) The authority by whom a code of practice has been approved under this section may at any time withdraw approval from that code, but before doing so shall consult the same bodies as the authority would be required to consult under subsection (2) above if the authority were proposing to approved the Code." The reference to the Commission shall be read as a reference to the Agriculture Ministers or either of them.

  1. (a) References to the Commission or the Executive shall be read as references to the appropriate Agriculture Minister, so however that references to the Commission's functions shall be read as references to the functions of that Minister under the relevant statutory provisions in relation to matters relating exclusively to the relevant agricultural purposes;
  2. (b) references to an enforcing authority's functions shall be read as references to an enforcing authority's functions under the relevant statutory provisions in relation to matters relating exclusively to the relevant agricultural purposes;
  3. (c) in subsection (1), the words "with the consent of the Secretary of State" shall be omitted;
  4. (d) in subsection (2)(b), the reference to the Secretary of State shall be read as a reference to the appropriate Agriculture Minister, and the words "and the recipient of the information" shall be omitted.

Read a Second time.

Question accordingly agreed to.

Amendment to the proposed Amendment made: In paragraph 3(a), after "In subsection (1)" insert— the reference to health and safety regulations shall be read as a reference to agricultural health and safety regulations and "—[Mr. Harold Walker.]

Lords amendment, as amended, agreed to.

Remaining Lords amendments agreed to.