HC Deb 16 May 1975 vol 892 cc915-7

Amendment made: No. 9, in page 2, line 15, at beginning insert— '() Regulations may be made—

  1. (a) enabling a local authority to revoke a licence and, on the application of the 916 licence holder, to vary the conditions (other than the prescribed conditions) of the licence;
  2. (b) enabling appeals to be made to a magistrates' court or, in Scotland, a sheriff court against—
    1. (i) refusal to grant the licence;
    2. (ii) the conditions (other than the prescribed conditions) of the licence;
    3. (iii) refusal to vary the conditions;
    4. (iv) revocation of the licence;
  3. (c) requiring the payment of the prescribed fee to be made to a local authority on inspection by the authority of premises in respect of which an application for a licence has been made;
  4. (d) providing for the continuance or transfer of the licence where an appeal is made, and on the death of the licence holder.
(2) Any power to make regulations under this Act—
  1. (a) may be exercised so as to make different provisions for different cases or different classes of cases;
  2. (b) includes power to make such incidental or supplemental provision in the regulations as the Secretary of State considers appropriate.
 (3)'.—[Mr. Doig.]

Mr. Grocott

I beg to move Amendment No. 10, in page 2, line 15, leave out 'may' and insert 'shall'.

Mr. Deputy Speaker (Sir Myer Galpern)

With this we are to take Amendment No. 11, in page 2, line 15, leave out 'may be made by the Secretary of State' and insert 'shall be made'.

Mr. Grocott

The object of the amendment is to make it mandatory upon the Secretary of State to make regulations. Perhaps my hon. Friend the Member for Dundee, West (Mr. Doig) will deal with this amendment.

Dr. Summerskill

I am not clear about the intention behind the amendment. The effect would be to require instead of to permit the Secretary of State to make regulations. Such a requirement would be contrary to normal practice in Acts of Parliament and is in any event unnecessary because the licence provisions could not be brought into force effectively without the support of regulations. The general principle is to prescribe in the legislation the framework within which the Secretary of State is authorised to make regulations but not to bind him absolutely to do everything that Parliament in its wisdom thought it might be useful for him to have the power to do. Perhaps the hon. Member for Lichfield and Tamworth (Mr. Grocott) will clarify the amendment.

Mr. Grocott

I am simply moving the amendment formally on behalf of my hon. Friend the Member for Erith and Cray-ford (Mr. Wellbeloved). The objective of Amendment No. 11 is similar to that of Amendment No. 10—that is, to place a mandatory obligation on the Secretary of State to do what the Act prescribes. I shall be interested to hear what my hon. Friend the Member for Dundee, West (Mr. Doig) has to say.

1.30 p.m.

Mr. Doig

I do not think we need Amendment No. 10. We certainly need Amendment No. 11. Amendment No. 11 is a drafting amendment, and the new provisions about licensing introduce a number of references to regulations. It is convenient, therefore, to define "regulations" as regulations made by the Secretary of State". This is done by Amendment No. 15 to Clause 5. Accordingly, Amendment No. 11 takes out the reference in Clause 4 to the Secretary of State because it becomes unnecessary.

Mr. Grocott

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 11, in page 2, line 15, leave out 'may be made by the Secretary of State' and insert 'shall be made'.—[Mr. Doig.]

Back to
Forward to