HL Deb 18 January 1972 vol 327 cc14-8

3.0 p.m.

LORD STRABOLGI

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Strabolgi.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF LISTOWEL in the Chair.]

Clause 1 agreed to.

Clause 2 [Appeals]:

LORD STRABOLGI moved Amendment No. 1: Page 1, line 14, leave out (" subsections (1) and (2)") and insert (" subsection (1)").

The noble Lord said: As I mentioned on Second Reading, the clause as it is drafted at present does not take into account the changes made by the Courts Act 1971, which repealed Section 6(2) of the Cinematograph Act 1952, so that the procedure for appeal to the new court is now dealt with in the 1971 Crown Court rules. The Amendment, which is purely a drafting Amendment, therefore brings this Bill into line by deleting the reference to the subsection of the 1952 Act which has been repealed. I beg to move.

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3 agreed to.

Clause 4 [Repeal]:

LORD STRABOLGI moved Amendment No. 2: Page 2, line 25, leave out (" provisions of the Act of 1932 ") and insert (" enactments ").

The noble Lord said: I beg to move Amendment No. 2. I should like, with the permission of the Committee, to speak also on Amendments Nos. 3, 4 and 5, as these are all linked with it. These four Amendments are all paving Amendments which are necessary in view of Amendment No. 8, which replaces the present Schedule. The effect, therefore, of Amendments Nos. 2 to 5 is that Clause 4, as amended, would read as follows: The enactments mentioned in columns 1 and 2 of the Schedule to this Act are hereby repealed to the extent specified in column 3 of that Schedule. I beg to move.

LORD WINDLESHAM

When this Bill received a Second Reading without dissent, I said that there were some minor defects that needed tidying up, but that this could easily be done in Committee. This Amendment, which has been clearly and concisely moved by the noble Lord, Lord Strabolgi, seems to us to be a desirable improvement. It may save the time of the Committee if I say now that in the view of the Government all the remaining Amendments which the noble Lord, Lord Strabolgi, will be moving this afternoon are useful changes which should help to clarify the Bill and to remove any ambiguities; and therefore, within the limits of the attitude of benevolent neutrality which I expressed on Second Reading, particularly as regards Government time in another place, I can say that we see no objection to any of the Amendments on the Marshalled List.

LORD STRABOLGI

I am grateful to the noble Lord, Lord Windlesham, the Minister, for his help and for his kind remarks, and I am glad to know that this and the other Amendments meet with his agreement.

On Question, Amendment agreed to.

LORD STRABOLGI

I beg to move Amendment No. 3.

Amendment moved— Page 2, line 24. after (" in ") insert (" columns 1 and 2 of ").—(Lord Strabolgi.)

On Question, Amendment agreed to.

LORD STRABOLGI

I beg to move Amendment No. 4.

Amendment moved— Page 2, line 25, leave out (" the second ").—(Lord Strabolgi.)

On Question, Amendment agreed to.

LORD STRABOLGI

I beg to move Amendment No. 5.

Amendment moved— Page 2, line 26, after ("column") insert (" 3 ").—(Lord Strabolgi.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5 [Interpretation.]

LORD STRABOLGI moved Amendment No. 6:

Page 2, line 32, at end insert— (" (2) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended by or under any other enactment.")

The noble Lord said: I beg to move Amendment No. 6. This Amendment is necessary because, as I explained on Amendment No. 1, the 1952 Cinematograph Act has been amended by the Courts Act 1971. It is a standard interpretation provision, and I beg to move.

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6 [Short title, commencement and extent.]

LORD STRABOLGI

I beg to move Amendment No. 7. The Bill as at present drafted makes April 1 the operative date for the Act to come into force. This date was chosen because, coming as it does at the end of the financial year, it would have been the most convenient date for winding up the Cinematograph Fund. It seems unlikely, however, that the Bill could pass through this House and the other place by this date; so I suggest that it is advisable to move the operative date to July 1. 1972. which is the next Quarter Day. I beg to move.

Amendment moved— Page 2, line 35, leave out (" April ") and insert (" July ").—(Lord Strabolgi.)

On Question, Amendment agreed to.

Clause 6. as amended, agreed to.

In the Schedule [Consequential Repeals of the Act of 1932.] Page 3, line 2, leave out from beginning to end of line 10 and insert—

(" ENACTMENTS REPEALED

Chapter Short Title Extent of Repeal
22&23Geo. 5.c. 51. The Sunday Entertainments Act 1932. In section 1(1) the words "to which this section extends" and the words from "and (b)" to the end of the subsection; in section 1(4) the words from "and shall" to the end of the subsection; section 1(5).
In section 5 the definition of "Prescribed percentace".
The Schedule.
12 & 13 Geo.6.c. 35. The British Film Institute Act 1949. In section 1, the words from the beginning to "1932".
1963 c. 33. The London Government Act 1963. Section 52(2) from "and section 1".")

The noble Lord said: I beg to move Amendment No. 8 This Amendment substitutes a new Schedule in order to include some repeals of provisions in other Acts which should have a place in the framework of the Bill. The one for the Sunday Entertainments Act 1932 is necessary in view of Clause 1 of the present Bill. However, subsection (2) of Clause 1 leaves intact the last five lines of Section 1(1) of the 1932 Act. These lines are not part of paragraph (b) of the proviso, although they relate to it. As these words would be meaningless once paragraph (b) is repealed, the Schedule ensures that they are also included in the repeal and are not left in limbo by the words "to the end of the subsection".

The repeal of the words in subsection (4) of Section 1 from "and shall" to the end of the subsection in the 1932 Act abolishes the offence relating to any failure to make the required payment to the Licensing Authority. The repeal of Section 1(5) of the 1932 Act is consequential on the repeal of the words "to which this section extends" in Section 1(1) of that Act. Subsection (5) of the 1932 Act defines the areas to which subsection (1) extended, and refers to the procedure for laying Sunday Cinema Orders before Parliament. It will no longer be required. Section 5 of the 1932 Act defines the prescribed percentage to be paid to the Cinematograph Fund. This is also a consequential

LORD STRABOLGI moved Amendment No. 8:

Amendment resulting from the repeal of paragraph (b) of the proviso to Section 1(1) of the 1932 Act.

Passing to the British Film Institute Act 1949, as the Cinematograph Fund would be wound up this Amendment deletes any reference to it in this Bill. This reference will not even be needed in the interim, as its absence would not preclude the Institute from receiving the outstanding balance in the Cinematograph Fund.

The repeal relating to the London Government Act 1963 is required because Clause 1 of the Bill repeals the words in Section 1(1) of the Sunday Entertainments Act 1932, "to which this section extends". These words give certain authorities power to grant licences under the Cinematograph Act 1909, permitting Sunday opening. These authorities include the G.L.C. by virtue of the first part of Section 52(2) of the London Government Act 1963, and the second part is no longer necessary. I beg to move.

On Question, Amendment agreed to.

Schedule, as amended, agreed to.

House resumed: Bill reported with the Amendments.