HC Deb 31 March 2003 vol 402 cc714-5

'In this Act "enactment" includes—

  1. (a) an Act of the Scottish Parliament,
  2. (b) an instrument made under an Act of the Scottish Parliament, and
  3. (c) Northern Ireland legislation:.—[Mr. Spellar.]

Brought up, and read the First time.

Mr. Spellar

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Sir Alan Haselhurst)

With this it will be convenient to discuss Government amendments Nos. 20, 27, 21, 22, 23 and 26.

Mr. Spellar

The amendments ensure that the Bill recognises legislation made in Scotland and Northern Ireland. Some of the provisions that refer to the word "enactment" already provide that it shall include an Act of the Scottish Parliament or Northern Ireland legislation. One example is clause 106(6), which concerns shipping legislation. Others, however, such as clause 29(4), concerning the powers of the BTP, do not. The amendments will ensure that the same meaning applies to the word "enactment" wherever it appears in the Bill.

New clause 8 provides that references to the word "enactment" in the Bill will include Acts of the Scottish Parliament and secondary legislation made under such Acts, as well as Northern Ireland legislation. Amendments Nos. 21 to 23 are a necessary consequence of the new clause, as they will remove existing specific references to Scottish and/or Northern Ireland legislation in clauses 88, 99 and 106. Those will be rendered superfluous by the broader provision in the new clause.

Government amendment No. 26 will repeal paragraphs 7 to 10 of schedule 18 to the Transport Act 2000. The repeal of paragraph 9 is already provided for, but the other paragraphs were overlooked. Those paragraphs amend sections 132 and 133 and schedule 10 of the Railways Act 1993, which provide for the organisation, terms and conditions of employment of the British Transport Police. As those provisions will be repealed by schedule 7 to this Bill, the relevant paragraphs of schedule 18 to the Transport Act which amend them should also be repealed. This is, in effect, a tidying exercise.

Amendments Nos. 20 and 27 require very little explanation. Clause 73 provides an index of the terms and expressions used in this part. The index identifies where the definitions of those terms can be found. The index would be improved if the terms "Railway property" and "Railway vehicle" were added. The amendments achieve that and should assist those who use the Bill at a later stage. I commend the new clause to the House.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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