HC Deb 25 May 1993 vol 225 cc849-50

Amendment made: No. 126, in page 41, line 48, at end insert— 'and shall be under a duty during the interim period to secure the operation of the network or, as the case may be, the part of the network to which the proposed closure relates.'.—[Mr. Norris.]

Mr. Norris

I beg to move amendment No. 127, in page 42, line 4, at end insert— '(6A) Without prejudice to any subsequent application of this section in relation to the network or the part of the network in question—

  1. (a) if the final decision on the closure question is that the proposed closure will not be allowed to take effect, the Franchising Director shall be under a duty to secure the operation of the network or, as the case may be, the part of the network after the interim period; and
  2. (b) if the final decision on the closure question is that the proposed closure will be allowed to take effect subject to compliance with conditions, the Franchising Director shall be under a duty to comply with those conditions or to secure that they are complied with.'.

Madam Speaker

With this it will be convenient to discuss also Government amendments Nos. 129, 128, 131 to 138, 144, 139 to 143, 145, 152, 146, 147, 149 to 151, 159, 154 to 158, 161 and 163.

Mr. Norris

This is a miscellany of amendments to clauses 32 to 41, which provide for the new closure procedures. They either fulfil commitments that were given in Standing Committee or are drafting inconsequentials.

To deal with the amendments that fulfil the commitments given in Committee, it was suggested that the requirement in clause 36 that the consultative committees must act in accordance with any directions given by the regulator was inappropriate. The House knows that it was never our intention that the regulator should be able to prevent a consultative committee from holding a public hearing when investigating a proposed closure. However, I can understand how clause 36(4)(b) might be interpreted in that way. To rectify that concern, amendment No. 134 deals with that requirement.

Amendment No. 138, which amends clause 39, ensures that any revocation or variation of a condition to a closure consent is published. It is sensible that any decision to vary or revoke conditions attached to a closure should be communicated to all those who received notification of the original decision and it should be displayed in all the stations in the area affected.

The other amendments deal with the experimental services provided for in clause 41. The House is aware that they are, effectively, technical and consequential. The key amendments are amendments Nos. 151 and 155. In the interests of time, I will not go into detail on those unless the House wishes me to do so. I hope that I have assured the House that the amendments are consequential and technical.

Amendment agreed to.

Amendment made: No. 129, in page 42, line 7, at end insert— the final decision on the closure question" means—

  1. (a) in a case where the decision of the Regulator under section 36(7) below with respect to the proposed closure is not referred to the Secretary of State under section 37 below, that decision; or
  2. (b) in a case where that decision is referred to the Secretary of State under section 37 below, the disposal of that reference by the Secretary of State;
the interim period" means the period beginning with the date mentioned in subsection (5)(b) above and ending four weeks after the date of the final decision on the closure question;'.—[Mr. Norris.]

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