HL Deb 16 October 1969 vol 304 cc1597-600

5.57 p.m.

THE CHAIRMAN OF COMMITTEES (THE EARL OF LISTOWEL)

My Lords, in moving the Third Reading of the first of these three Private Bills I think I should point out to the House that I shall subsequently be proposing an unusually large number of Third Reading Amendments to each of them. These Amendments are set out on the Paper, which is of course available to Members of the House. I think it would be for the convenience of the House if I briefly outlined at this stage how I propose to deal with these Amendments. The bulk of them are, as usual, consequential or drafting Amendments, but there are also several Amendments of substance, which I will move separately, and when I do so I will endeavour to explain their purpose to the House.

The Amendments of substance are the first of the Amendments set out on the Paper to each Bill, and the last Amendment on the second page of the Paper in respect of the West Bromwich Corporation Bill. The remaining Amendments to each Bill are consequential or drafting, and, with the leave of the House, I propose to move these Amend merits en bloc. My Lords, I beg to move.

Moved, That the Bill be now read 3a.—(The Earl of Listowel.)

On Question, Bill read 3a, with the Amendments.

THE EARL OF LISTOWEL moved Amendment No. 1:

Page 3, line 19, before ("This") insert ("(1)") and at end insert: ("(2) The following provisions of this Act shall be deemed to have come into operation on the 30th September, 1969:—

  1. (a) Part IV (Transport) and Schedule 1;
  2. (b) so much of section 213 (Repeal) and of Schedule 4 as provides for the repeal of enactments relating to the transport undertaking; and
  3. (c) so much of any other provision in this Act as relates to matters referred to in paragraphs (a) and (b) of this subsection.
Provided that no proceedings shall be taken in respect of any offences created by or under the said provisions committed before the passing of this Act.")

The noble Earl said: My Lords, the first Amendment I am proposing to this Bill is an Amendment of substance and therefore demands some explanation, and this explanation will also apply to the similar Amendments which I shall be moving to each of the other two Bills. This Amendment is consequential on the coming into operation on October 1, 1969, of the West Midlands Passenger Transport Area (Transfer of Undertakings) Order 1969. On that day the functions of the three borough councils relating to their road passenger transport undertakings were transferred to the Passenger Transport Executive constituted by the Transport Act 1968.

The effect of the Order is, therefore, that from October 1 the statutory provisions relating to road passenger transport undertakings which the Bills repeal are amended so as to apply to the Passenger Transport Executive as before October 1 they applied to the borough councils. If the Bills were left unamended, and were to receive the Royal Assent in their present form, they would contain a Part IV which had been overtaken by events. This is because this Part would purport to preserve the powers of the borough councils in respect of passenger transport of which they were deprived by the Order which came into effect on October 1.

The Bills will also, if unamended, repeal provisions now in force in favour of the Passenger Transport Executive, without replacing them. I think it will be appreciated by your Lordships that some amendment is therefore necessary. Should any noble Lord wish for a justification of these Amendments, that of course would not be my duty. I understand that the noble Lord, Lord Hughes, is at present on the Government Front Bench and would be prepared to reply on behalf of the Ministry of Transport. I beg to move.

THE EARL OF LISTOWEL

My Lords, all the remaining Amendments to this Bill are consequential on the coming into operation of the Post Office Act 1969 on October 1. Therefore, with the leave of the House, I will move them en bloc. I beg to move.

Amendments moved—

Page 7, line 38, leave out ("Postmaster General") and insert ("Post Office")

Page 11, line 28, leave out from ("1888") to ("shall") in line 32 and insert: ("those provisions of the Electricity (Supply) Acts 1882 to 1936, as amended by the Electricity Act 1947, and in the Schedule to the Electric Lighting (Clauses) Act 1899, which, as applied by the Post Office Act 1969, afford protection to the Post Office and its telegraphic lines,").

Page 17, line 16, leave out ("Postmaster General") and insert ("Post Office").

Page 17, line 41, leave out ("Postmaster General") and insert ("Post Office").

Page 30, line 16, leave out ("Postmaster General") and insert ("Post Office").

Page 30, line 27, leave out ("Postmaster General") and insert ("Post Office").

Page 30, line 34, leave out ("Postmaster General") and insert ("Post Office").

Page 30, line 37, leave out ("Postmaster General") and insert ("Post Office").

Page 30, line 42, leave out ("Postmaster General") and insert ("Post Office").

Page 31, line 4, leave out ("Postmaster General") and insert ("Post Office").

Page 31, line 7, leave out ("Postmaster General") and insert ("Post Office").

Page 31, line 12, leave out ("Posmaster General") and insert ("Post Office").

Page 31, line 13, leave out ("Postmaster General") and insert ("Post Office").

Page 31, lines 15 and 16, leave out ("Postmaster General" and insert ("Post Office")

Page 31, line 18, leave out ("Postmaster General") and insert ("Post Office").

Page 31, line 20, leave out ("he") and insert ("it").

Page 31, line 31, leave out ("Postmaster General") and insert ("Post Office").

Page 31, lines 32 and 33, leave out ("Postmaster General") and insert ("Post Office").

Page 32, line 7, leave out ("Postmaster General") and insert ("Post Office").

Page 32, line 12, leave out ("11").

Page 32, line 22, leave out ("Postmaster General") and insert ("Post Office").

Page 33, line 29, leave out ("Postmaster General") and insert ("Post Office").

Page 38, line 11, leave out ("Postmaster General") and insert ("Post Office").

Page 38, line 12, leave out ("his") and insert ("its").

Page 78, leave out lines 22 to 24 and insert: ("(2) Nothing in this section shall authorise the doing of anything constituting an infringement of the exclusive privilege with respect to telecommunication conferred on the Post Office by the Post Office Act 1969").

Page 79, line 37, after ("a") insert ("Post Office").

Page 79, line 37, leave out ("provided") and leave out ("by the").

Page 79, line 38, leave out ("Postmaster General").

Page 80, line 7, at end insert ("and") and leave out lines 8 to 10.—(The Earl of Listowel.)

Bill passed, and returned to the Commons.