§ Mr. Cecil Franks (Barrow and Furness)I beg to move amendment No. 1, in page 2, line 27, leave out 'British Telecommunications' and insert
'the operator of a telecommunications code system (as defined by paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984)'.The amendment stems from the passing of the Telecommunications Act 1984. It extends the defence that is given in clause 2(2) for the use of motor vehicles on cycle tracks when operators of a telecommunications code system, under the 1984 Act, are carrying out any works in relation to any apparatus belonging to them or used by them for the purposes of their undertaking. As it is highly unlikely that the appointed day under the Telecommunications Act will precede the coming into force of this measure, I have not included transitional provisions in favour of British Telecommunications, which will eventually become the operator of a telecommunications code system under the Telecommunications Act.
§ The Minister of State, Department of Transport (Mrs. Lynda Chalker)As those who were present in Committee will recall, I said that I thought it would be necessary to amend clause 2 so that there would be no doubt about where the various responsibilities lay. My hon. Friend the Member for Barrow and Furness (Mr. Franks) has gone into the issue thoroughly and checked back with my Department and I find the amendment wholly acceptable. I do not see any need for there to be transitional measures, especially because of the timing of the Telecommunications Act 1984 and the timing of the Bill. It is our hope that the Bill will become an Act during this Session.
The amendment extends the defence provided in clause 2(2) for the use of motor vehicles on cycle tracks to telecommunications code system operators. We fully realise that until the Telecommunications Act is under way we may not see the full extent of the problems, but I believe that my hon. Friend has succeeded in framing an 1002 amendment that will cover most of the eventualities that we have been able to foresee. That is the advice that have been given.
I hope that hon. Members, who may have read the report of our proceedings in Committee on 11 April, will feel able to accept the amendment. I think that it sorts out what would otherwise be an unacceptable gap between old legislation and this measure.
§ Amendment agreed to.