HC Deb 29 March 1983 vol 40 cc219-20
Mr. Kenneth Baker

I beg to move amendment No. 14, in page 18, line 39, leave out from 'shall' to 'notice' in line 41 and insert 'give'.

Mr. Deputy Speaker

With this it will be convenient to take Government amendments Nos. 15 to 19.

Mr. Baker

Clause 15 empowers the Director General to make an order to require a licensee to conform with the conditions of his licence. The director must first send a note of his intentions to the licensee and take account of his views.

The director can enforce the order himself, but in addition subsection (6) of the clause brings into play a provision in the Fair Trading Act which permits an aggrieved person to take action in the courts to enforce the order made by the director. Since the director is not obliged to publish his intention to issue an order, or the order itself, it would be difficult for a person to take court action.

I therefore propose to amend the Bill so as to require the director to publish his intention to issue an order and to state its terms, as well as sending a copy to the licensee. If an order is made, it too must be published. This will make feasible court action by a third party to enforce the order. It will have the additional advantage of making the actions of the director and breaches of a condition of a licence by a licensee more transparent.

I commend the proposal to the House.

Amendment agreed to.

Amendments made: No. 15, in page 18, line 42, leave out from 'order' to end of line 42 and insert 'and setting out its effect'.

No. 16, in page 19, line 5, leave out 'the service' and insert 'publication'.

No. 17, in page 19, line 6, leave out 'draft' and insert 'proposed'.

No. 18, page 19, line 9, at end insert— '(2A) A notice under subsection (2) above shall be given by publication in such manner as the Director considers appropriate and by sending a copy of the notice to the person against whom the order is proposed to be made (in this section and section 16 below referred to as "the operator"):

No. 19, in page 19, line 24, after 'shall', insert 'publish the order in such manner as he considers appropriate and'.—[Mr. Kenneth Baker.]

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