§ POWER OF LOCAL AUTHORITIES TO INSURE VOLUNTARY ASSISTANTS
§ Mr. MacfarlaneI beg to move amendment No. 67, in page 35, line 29, after 'state', insert—
`local authority" includes a board reconstituted in pursuance of Schedule 17 to this Act;'.As boards reconstituted in pursuance of Schedule 17 to the Local Government Act 1972, the two planning boards 481 administer national park and planning functions in the respective areas of the national parks concerned but are not local authorities. That contrasts with the position obtaining in the other national parks where such functions are administered by committees of the local authorities concerned. The amendment will thus have the effect of putting the two boards on an equal footing with such authorities with regard to the exercise of powers under clause 28.A provision corresponding to clause 28 appears in the Cumbria Bill at present before Parliament, extending powers to the Lake District special planning board. Like amendment No. 69, the amendment extends particular powers in the Bill—in this case, those in clause 28—to the Lake District special planning board and the Peak Park joint planning board. Both boards requested such an extension and in considering the matter it was thought that they could do with the advantage of those powers.
§ Amendment agreed to.
| New Schedule |
| 'SEX ESTABLISHMENTS |
| Meaning of "sex establishment" |
| 1. In this Schedule "sex establishment" means a sex cinema or a sex shop. |
| Meaning of "sex cinema" |
| 2.—(1) In this Schedule "sex cinema" means any premises, vehicle or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which— |
| (a) are concerned primarily with the portrayal of, or primarily deal with or relate to, or are intended to stimulate or encourage— |
| (i) sexual activity; or |
| (ii) acts of force, restraint, violence orcruelty which are associated with sexual activity: or |
| (b) are concerned primarily, with the portrayal of, or primarily deal with or relate to, genital organs or urinary or excretary functions; |
| but does not include a dwelling house to which the public is not admitted. |
| (2) No premises shall be treated as a sex cinema by reason only— |
| (a) if they are licensed under the Cinematograph Act 1909, of their use for a purpose for which a licence under that Act is required; or |
| (b) of their use for an exempted exhibition as defined in section 5 of the Cinematograph Act 1952 (which relates to exemptions from the requirements of that Act for non-commercial organisations) by an exempted organisation within the meaning of section 5(4) of that Act. Meaning of "sex shop" and "sex article" |
| 3.—(1) In this Schedule "sex shop" means any premises, vehicle or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating— |
| (a) sex articles; or |
| (b) other things intended for use in connection with, or for the purpose of stimulating or encouraging— |
| (i) sexual activity; or |
| (ii) acts of force,restraint, violenceor cruelty which are associatedwith sexual activity. |
| (2) No premises shall be treated as a sex shop by reason only of their use for the exhibition of moving pictures by whatever means produced. |
| (3) In this Schedule "sex article" means— |
| (a) anything made for use in connection with, or for the purpose of stimulating or encouraging— |
| (i) sexual activity; or |
| (ii) acts of force, restraint, violence or cruelty which are associated with sexual activity; and |
| (b) anything to which sub-paragraph (4) below applies. |
| (4) This sub-paragraph applies— |
| (a) to any article containing or embodying matter to be read or looked at or anything intended to be used, either alone or as one of a set, for the reproduction or manufacture of any such article; and |
| (b) to any recording of vision or sound, which— |
| (i) is concerned primarily with the portrayal of, or primarily deals with or relates to, or is intended to stimulate or encourage, sexual activity or acts of force, restraint, violence or cruelty which are associated with sexual activity; or |