§ Sir Hector MonroI beg to move amendment No. 173, in page 62, line 39, leave out 'reference' and insert `references'.
The ChairmanWith this it will be convenient to take the following amendments: No. 174, in page 62, line 39, after 'subsection', insert 'and in subsection (4) below'.
§ No. 175, in page 62, line 40, leave out 'includes' and insert 'include'.
§
No. 176, in page 63, line 7, at end insert—
`(aa) the sale or offer or exposure for sale of things in, and as part of, a relevant public market;'.
§
No. 177, in page 63, line 27, at end insert
relevant public market" means a market or fair —
§ Sir Hector MonroWhen I was looking through the notes on clause 95, it occurred to me that some of the old historical rights such as the Dumfries rood fair and the Kirkcaldy links market were in jeopardy. Those who regularly attend the Scottish Showmen's Guild luncheon in London know how important, in Scotland, those historical meetings are, and I do not wish to feel that those rights may have been superseded by clause 95.
My amendments have been taken up by COSLA, which also believes that we should make some changes. I believe that the amendments would have the effect of permitting the old fairs to be held without question as well as of ensuring that, because of consultation with the highway authorities and the police, there would be some general coordination before the fairs took place. There has never been any real problem. The amendments would clarify the fact that the fairs could continue to be held but would ensure a greater degree of co-ordination. That would be to the benefit of all, without restricting the right to hold the old fairs which are so important to Scotland.
§ Mr. AncramComing from my part of the world, I agree with my hon. Friend that it is important to preserve the ancient charter rights of local authorities. I advise the Committee to accept the amendments.
§ Amendment agreed to.
§ Amendments made:
§ No. 174, in page 62, line 39, after 'subsection', insert `and in subsection (4) below'.
§ No. 175, in page 62, line 40, leave out 'includes' and insert 'include'.
§
No. 176, in page 63, line 7, at end insert—
`(aa) the sale or offer or exposure for sale of things in, and as part of, a relevant public market;'.
§
No. 177, in page 63, line 27, at end insert
relevant public market" means a market or fair—
§ Question proposed, That the clause, as amended, stand part of the Bill.
§ 12 midnight
§ Mr. DewarI should just like the Minister to clarify a matter—I am sure that he can do it in a few seconds. Under clause 95 we assume that the roads authority and the regional council must give permission for a stall from which a person can sell goods on
Clause 95(4) says that that does not apply in several circumstances, such as
- "(a) any part of a trunk or principal road; or
- (b)… within 15 metres of any part of any such road"
for the sale of newspapersor when someone haswith a street trader's licence".Will the Minister confirm that someone who wants to ply his trade will not have to get permission from the regional council and a licence from the district council under the Civic Government (Scotland) Act 1982 or similar legislation? We could probe the matter at great length but I should like a blanket assurance that there will be no such duplication.
§ Mr. AncramIt is my view that there is no duplication but if I might check that and write to the hon. Gentleman, that would be the safest thing to do in the circumstances.
§ Question put and agreed to.
§ Clause 95, as amended, ordered to stand part of the Bill.