HL Deb 11 October 1990 vol 522 cc513-24

The relevant service

1. In this Schedule "the relevant service" means the teletext service referred to in section 48(2) of this Act.

Applications for licence to provide the relevant service

2.—(l) Where any such application as is mentioned in section 49(3) of this Act is made in respect of a licence to provide the relevant service—

  1. (a) the application shall be accompanied by the applicant's proposals for providing a service that would comply with the requirements specified in paragraph 3(2) below, and
  2. (b) section 49(4) shall have effect as if the reference to section 49(3) (b) or (d) included a reference to paragraph (a) above.

(2) The Commission shall, when publishing a notice under section 49(1) in respect of the grant of a licence to provide the relevant service, publish with the notice general guidance to applicants for the licence which contains examples of the kinds of material whose inclusion in the service proposed by any such applicant under sub-paragraph (1) (a) above would be likely to result in a finding by the Commission that the service would comply with the requirements specified in paragraph 3(2) below.

(3) The notice to be published by the Commission under section 49(6) in respect of the applications made in pursuance of such a notice as is mentioned in sub-paragraph (2) above shall include the proposals submitted by each of the applicants under sub-paragraph (1) (a) above.

(4) The Commission shall also publish in such manner as they consider appropriate a notice—

  1. (a) inviting representations to be made to them with respect to any matters published by them in accordance with section 49(6) (c) or sub-paragraph (3) above, and
  2. (b) specifying the manner in which, and the time by which, any such representations are to be so made.

(5) The notice referred to in sub-paragraph (4) above shall be published as soon as reasonably practicable after the date specified in the notice under section 49(1) as the closing date for applications for the licence.

Consideration of applications and award of licence

3.—(1) Where a person has, in accordance with section 49 of this Act and paragraph 2 above, made an application for a licence to provide the relevant service, the Commission shall not proceed to consider whether to award him the licence on the basis of his cash bid in accordance with section 50(3) and (4) of this Act unless it appears to them that his proposed service would comply with the requirements specified in sub-paragraph (2).

(2) Those requirements are—

  1. (a) that the service includes a sufficient amount of news items which are of high quality and deal with both national and international matters;
  2. (b) that the service includes a sufficient amount of information which is of particular interest to persons living within different areas for which the service is provided; and
  3. (c) that (taken as a whole) the service includes a sufficient amount of information (other than news) which is calculated to appeal to a wide variety of tastes and interests.

(3) Section 50(1) shall accordingly have effect in relation to a licence to provide the relevant service as if the reference to the requirements of section 50(1) (a) and (b) included a reference to the requirements specified in sub-paragraph (2) above.

(4) In deciding whether an applicant's proposed service would comply with those requirements, the Commission shall take into account any representations made to them in pursuance of paragraph 2(4) (b) above.

(5) Where the Commission have awarded a licence to provide the relevant service to any person in accordance with section 50(3) and (4), the matters to be published by them in accordance with section 17(11) (a) and (12) of this Act (as they have effect in accordance with section 50(3) and (4)) shall include the name of every other applicant in whose case it appeared to them that his proposed service would comply with the requirements specified in sub-paragraph (2) above.

Conditions requiring licence holder to deliver promised service

4.—(1) A licence to provide the relevant service shall include such conditions as appear to the Commission to be appropriate for securing that the service provided under the licence accords with the proposals submitted by the licence holder under paragraph 2(1) (a) above.

(2) Any conditions imposed in pursuance of sub-paragraph (1) above may be varied by the Commission with the consent of the licence holder (and section 3(4) (b) shall accordingly not apply to any such variation).

Failure to begin providing licensed service and financial penalties on revocation of licence

5.—(1) Subject to sub-paragraph (2), section 18 of this Act shall apply in relation to a licence to provide the relevant service as it applies in relation to a licence to provide a Channel 3 service.

(2) In the application of that section in relation to a licence to provide the relevant service—

  1. (a) the reference in section 18(1) to section 17 shall be construed as a reference to that section as applied by section 50(3) of this Act; and
  2. (b) the reference in section 18(5) to section 19(2) to (6) shall be construed as a reference to section 51(2) of this Act.

Renewal of licence to provide relevant service

6. Section 52(6) of this Act shall have effect in relation to an application for the renewal of a licence to provide the relevant service as if, in addition to the grounds for refusing an application which are specified in paragraphs (a) to (c) of that provision, there were specified the following ground, namely that the Commission are not satisfied that the applicant would, if his licence were renewed, provide a service which complied—

  1. (a) with the conditions included in the licence in pursuance of paragraph 4 above (whether as originally imposed or as varied under sub-paragraph (2) of that paragraph), or
  2. (b) with the requirements specified in paragraph 3(2) above.

Enforcement of licence to provide relevant service

7.—(1) Subject to sub-paragraph (2), sections 39 and 40 of this Act shall apply in relation to a licence to provide the relevant service as they apply in relation to a licence to provide a Channel 3 service.

(2) In the application of those sections in relation to a licence to provide the relevant service—

  1. (a) any reference in section 39(4) to a programme shall be construed as a reference to an item; and
  2. (b) section 40 shall have effect with the omission of subsections (1) (a) and (2).")..

The noble Earl said: My Lords, this amendment was taken with Amendment No. 149. I beg to move.

On Question, amendment agreed to.

Schedule 4 [The Welsh Authority: Supplementary Provisions]:

Earl Ferrers moved Amendment No. 169: Page 180, line 23, leave out (", with the approval of the Secretary of State,").

The noble Earl said: My Lords, this amendment was taken with Amendment No. 2. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 170: Page 181, line 38, after ("the") insert ("Chartered").

The noble Earl said: My Lords, this amendment was taken with Amendment No. 5. I beg to move.

On Question, amendment agreed to.

Clause 56 [Function and duties of Welsh Authority]:

Earl Ferrers moved Amendment No. 171: Page 54, line 8, at end insert: ("(3A) The Welsh Authority may use part of the signals carrying S4C to provide—

  1. (a) subtitling in connection with programmes on S4C, and
  2. (b) other services which are ancillary to such programmes and directly related to their contents;
and in this subsection "subtitling" means any subtitling provided by means of a teletext service.").

The noble Earl said: My Lords, this amendment was taken with Amendment No. 15O. I beg to move.

On Question, amendment agreed to.

Clause 58 [Requirements to be complied with in relation to S4C programmes]:

[Amendments Nos. 172 and 173 not moved.]

Clause 59 [Advertising on S4C]:

Earl Ferrers moved Amendment No. 174: Page 55, line 27, leave out subsection (1) and insert: ("(1) The Welsh Authority shall ensure that the following rules are complied with in relation to S4C, namely—

  1. (a) S4C must not include—
    1. (i) any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature,
    2. (ii) any advertisement which is directed towards any political end, or
    3. (iii) any advertisement which has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department);
  2. (b) in the acceptance of advertisements for inclusion in S4C there must be no unreasonable discrimination either against or in favour of any particular advertiser; and
  3. (c) (except in the case of any programme to which the Welsh Authority determine that this paragraph is not to apply) S4C must not include a programme which is sponsored by any person whose business consists, wholly or mainly, in the manufacture or supply of a 516 product, or in the provision of a service, which the Welsh Authority are prohibited from advertising by virtue of subsection (1A) below or any other provision of this Act.
(1A) The code under section 9 shall have effect in relation to advertisements broadcast on S4C as it has effect in relation to advertisements broadcast on Channel 4; and the Welsh Authority shall observe the provisions of that code (as it so has effect) in the provision of S4C.").

The noble Earl said: My Lords, in moving this amendment I shall speak also to Amendments Nos. 175 and 298. The amendments to Clause 59 impose on the Welsh Authority the same statutory rules relating to advertising and sponsorship as are laid on ITC licensed services in Clause 8. Moreover, the code which the ITC is required to draw up under Clause 9 is made applicable to S4C in relation to advertising inasmuch as it applies to Channel 4. The Welsh Authority may, however, operate different procedures in relation to sponsorship. There is identical provision for amending, repealing or adding to the statutory rules for S4C by the affirmative resolution procedure in Clause 8(4) in relation to the rules for ITC licensees.

Amendment No. 298 simply ensures that subsections (1) to (3) and (5) of Clause 59 do not apply until 1st January 1993. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 175: Page 55, line 46, at end insert: ("(5) After consultation with the Welsh Authority the Secretary of State may make regulations amending, repealing or adding to the rules specified in subsection (1); but no such regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.").

On Question, amendment agreed to.

Clause 64 [Assignment of frequencies by Secretary of State]:

Earl Ferrers moved Amendment No. 176: Page 58, line 15, at end insert ("and any services which they are authorised to provide by virtue of clause 56(3A).").

The noble Earl said: My Lords, I spoke to this amendment with Amendment No. 15O. I beg to move.

On Question, amendment agreed to.

Clause 65 [Requirements relating to transmission of Channels 3, 4 and 5 and S4C]:

Earl Ferrers moved Amendment No. 177: Page 58, line 22, leave out ("transmitted") and insert ("broadcast for general reception").

The noble Earl said: My Lords, in moving this amendment I should like to speak also to Amendments Nos. 179, 180, 181 and 182. These amendments relate to the privatisation of the IBA's transmission operation, provided for elsewhere in the Bill. The Government are keenly aware that there are wide regional variations in the cost of transmission. That is why we have made it clear that there will be a uniform tariff for Channel 3 companies, based on their share of total Channel 3 income. This arrangement is to be reviewed in 1996. The purpose of Clause 65 is to provide the statutory framework for the cross-subsidy. This will enable the preservation of the arrangements whereby companies in areas where transmission costs are relatively low cross-subsidise those in areas where costs are higher.

What these amendments do is to refine the mechanism for implementing the cross-subsidy. The purpose of the first and fourth amendments is to distinguish distribution—the conveyance of programmes from studios to transmitters—from the ensuing broadcasting for general reception to the home. Broadcasting from the transmitters to homes is plainly integral to the transmission company's business and initially, in practice, the company will have a dominant market position. It will therefore be subject to economic as well as technical regulation through a Telecommunications Act licence regulated by the Director General of Telecommunications. The only practical way of implementing these regulatory arrangements and maintaining the cross-subsidy will be to require all Channel 3 licensees to use the same operator. The distribution—which is getting the material from the studio to the transmitter—is different. There is potential for substantial competition and it is right that the Channel 3 companies should be able to exercise a choice. The single operator requirement is not necessary.

What will be required in order to preserve the cross-subsidy for both elements of transmissions is the third and fourth amendments. These provisions amend subsection (1) and create new subsection (1A) for broadcasting for general reception and distribution respectively. For each element the ITC will be placed under a duty to include appropriate cost-sharing conditions in its Channel 3 licences. These arrangements will be made subject to the approval of the Secretary of State. The remaining amendments are consequential. Taken together, these amendments will ensure that the Government are able to complement their commitment to the preservation of the cross-subsidy arrangements while allowing for the possibility of competition.

The Government's commitment to the cross-subsidy arrangements for Channel 3 licences, which was first announced by the then Home Secretary in July of last year, is as firm as ever. These amendments simply alter the mechanics for implementing that commitment. I beg to move.

Lord Thomson of Monifieth

My Lords, although these are technical amendments they are, nevertheless, of great significance. Therefore, it may be convenient if I were to comment at this stage on what the noble Earl has just said, rather than deal with Amendment No. 183 which is tabled in my name. Perhaps I may then be able to move my amendment formally.

As the noble Earl will be aware, the background is the fact that you can cover the whole of the Greater London area with one transmitter, whereas you would need many transmitters to cover the north-east of Scotland or the mountains or valleys of Wales. Therefore, although the word "cross-subsidy" rings like music in my ears, I realise that it is not the happiest of words to the ears of noble Lords opposite. For that reason we appreciate all the more the fact that the Government have agreed that this is necessary in the special circumstances of ensuring the continuity of television reception for viewers throughout the country and that they have been ready to recognise that such a system is required. That is why I put down the words which appear on the Marshalled List in Amendment No. 183. These were really designed to ensure beyond peradventure that the cross-subsidy arrangements were written into the Bill and that they were not simply an assurance from the Government. It may well be that in due course the noble Earl will be able to tell me that these words are unnecessary.

However, I should like to be assured about the continuity of this arrangement. I am not fully clear as to whether there is any time-limit on the cross-subsidy arrangements associated with the establishment of the new private transmission company or some other considerations. In the Bill, it is necessary to assure their permanence and continuity.

As I understand it—perhaps the Minister will confirm this —the overall cost of the transmission once the IBA transmission system is privatised will be a matter for the private transmission company, but it will have to be approved by Oftel and no doubt the appropriate government department. The distribution of that overall cost of maintaining the cross-subsidy arrangement will be determined by the ITC. If that is to be the system, I am happy about it. I merely want some assurance, first, that it is firmly in the statute, and, secondly, that there is a continuity attached to it.

Earl Ferrers

My Lords, the noble Lord, Lord Thomson of Monifieth, is basically correct in what he has said. He was worried about the continuity. As he is aware, when the BBC licence comes to an end in 1996 there will be the problem of privatisation, if there is privatisation, of the transmission arrangements. A privatised BBC transmission will alter the picture. I have no doubt that Her Majesty's Government will then want to review the transmission arrangements as a whole. Obviously one cannot commit Ministers, whoever they may be, that far in the future. Clearly Ministers will continue to have in mind the variation in transmission costs in different parts of the country. While I cannot commit my successors, they will obviously bear in mind the problems that we have borne in mind.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 178 to 182: Page 58, line 25, after ("appropriate") insert: ("(a)"). Page 58, line 25, at end insert ("and (b) for securing that the costs incurred in respect of the broadcasting of those services (taken as a whole) during that period in accordance with those arrangements are shared by those persons in such manner as may be approved by the Secretary of State."). Page 58, line 25, at end insert: ("(1A) Any Channel 3 licence shall include such conditions as appear to the Commission to be appropriate for securing that the costs incurred in respect of the distribution of Channel 3 services (taken as a whole) during such period as the Secretary of State may by order specify are shared by the persons licensed to provide those services in such manner as may be approved by the Secretary of State. In this subsection "distribution", in relation to Channel 3 services, means the conveyance of those services (by whatever means and whether directly or indirectly) to the broadcasting stations from which they are broadcast for general reception."). Page 58, line 27, after ("(1)") insert ("or (1A)"). Page 58, line 30, leave out ("continue to have effect during") and insert in any such case, have effect in relation to").

On Question, amendments agreed to.

Lord Thomson of Monifieth moved Amendment No. 183: Page 58, line 48, at end insert: ("(6A) The Secretary of State, when the period specified under subsection (1) ends, shall by order make provision for a scheme which would ensure that no Channel 3 service faced additional costs for transmission arising from the size or terrain of its licence area which it could not reasonably meet from its own revenues.").

The noble Lord said: My Lords, I shall not speak on the amendment, but I should be grateful for the briefest of comments from the Minister as to whether he feels that it is a necessary addition to the Bill's text. I beg to move.

Earl Ferrers

My Lords, if the noble Lord wishes the briefest of comments as to whether his amendment is necessary, I tell him that it is not. If he wishes, I shall be happy to give him an extenuated discourse as to why it is not necessary, but I rather fancy that he will take my word for it.

Lord Thomson of Monifieth

My Lords, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 67 [Certain receipts of Commission to be paid into Consolidated Fund]:

Earl Ferrers moved Amendment No. 184: Page 59, line 37, at end insert: ("(6) The Commission shall, in respect of each financial year, prepare an account showing—

  1. (a) all such amounts falling within subsection (1) as have been received by them, and
  2. (b) the sums paid into the Consolidated Funds of the United Kingdom and Northern Ireland respectively under that subsection in respect of those amounts,
and shall send that account to the Comptroller and Auditor General not later than the end of the month of November following the financial year to which it relates; and the Comptroller and Auditor General shall examine, certify and report on the account and lay copies of it, together with his report, before each House of Parliament.").

The noble Earl said: My Lords, I shall speak also to Amendment No. 276. These amendments are largely technical and relate to the accounting mechanisms. In each case the amendments seek to distinguish clearly the accounting arrangements for licence fee receipts and for tender payments. The intention is that the ITC and the Radio Authority should each prepare an account for tender payments, on the model of the existing IBA arrangements for the levy, instead of including these as a note to their own accounts. Unlike licence fees, the tender payments will not form part of the regulatory bodies' income. The payments are public money which will be collected by the ITC and the Radio Authority and passed on to the Consolidated Fund.

The amendments also follow the model of the existing legislation in requiring that these accounts should be submitted for examination by the Comptroller and Auditor General, and that they should be laid before Parliament along with his report. We think it is right that the present arrangements, which provide for clear accounting and proper parliamentary scrutiny, should continue. I beg to move.

On Question, amendment agreed to.

10.45 p.m.

Lord Thomson of Monifieth moved Amendment No. 185: Before Clause 69, insert the following new clause:

("Descriptive services for blind etc.: research study.

.—(1) The Commission shall make arrangements for a research study relating to descriptive services for blind and partially sighted people to be carried out.

(2) The Secretary of State shall pay to the Commission such amount as he may, with the approval of the Treasury, determine to be appropriate for the purpose of this section.").

The noble Lord said: My Lords, the amendment follows the debate that we had earlier about the need to encourage the possibility of the development of descriptive services for the blind. It seeks to back that up by making arrangements for some research funding. The noble Earl was good enough to say in reply to the original debate that he was ready to invite the ITC to be as encouraging as possible about the developments. I hope that it might be possible at this late stage for him to allow us all to go home in a few minutes with a cheerful heart, by saying that in this case the Government might be willing to help with a little bit of financial funding. I beg to move.

Earl Ferrers

My Lords, the noble Lord is trying to pull a quick one at this time of night! He wanted me to say something about the blind, but my piece of paper is completely empty because I thought that this amendment had been taken with Amendment No. 48. I feel slightly nonplussed at the moment, but perhaps I may consider what the noble Lord has said. I am pretty certain that the answer is no.

Lord Thomson of Monifieth

My Lords, in all the circumstances, I am grateful to the noble Earl for such a forthcoming response. I apologise to the House. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 70 [Interpretation of Part I]:

Earl Ferrers moved Amendment No. 186: Page 60, line 24, at end insert: (" "the appropriate percentage", in relation to any year, has the meaning given by section 19(10);").

The noble Earl said: My Lords, this amendment was taken with Amendment No. 52. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 187 and 188: Page 60, line 45, at end insert (", and "a national Channel 3 licence" means a licence to provide a national Channel 3 service:"). Page 61, line 3, at end insert (", and "a regional Channel 3 licence" means a licence to provide a regional Channel 3 service;").

The noble Earl said: I beg to move Amendments Nos. 187 and 188 en bloc. The amendments simply define a national and regional Channel 3 licence in terms of a licence to provide the relevant national or regional Channel 3 service.

On Question, amendments agreed to.

Clause 73 [Applications for local delivery licences]:

Earl Ferrers moved Amendment No. 189: Page 64, line 8, leave out from ("Commission") to end of line 10 and insert ("a specified amount of money in respect of the first complete calendar year falling within the period for which the licence is in force (being an amount which, as increased by the appropriate percentage, is also to be payable in respect of subsequent years falling wholly or partly within that period); and "the appropriate percentage", in relation to any year, has the meaning given by section 19(10).").

The noble Earl said: My Lords, I spoke to this amendment with Amendment No. 152. I beg to move.

On Question, amendment agreed to.

Clause 74 [Procedure to be followed by Commission in connection with consideration of applications for licences]:

Earl Ferrers moved Amendment No. 190: Page 64, line 21, leave out from ("that") to ("he") in line 22.

The noble Earl said: My Lords, this amendment was taken with Amendment No. 54. I beg to move.

On Question, amendment agreed to.

Clause 75: [Award of licence to person submitting highest cash bid]:

Earl Ferrers moved Amendment No. 191: Page 65, line 45, leave out ("instalments of the amount specified in his cash bid") and insert ("any amounts payable by him by virtue of section 76(1)")

The noble Earl said: My Lords, this amendment was taken with Amendment No. 52. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 192 to 194: Page 66, line 11, after ("shall") insert ("(subject to subsection (16))"). Page 66, line 38, leave out ("subsection (14)") and insert ("subsections (14) and (16)"). Page 67, line 8, at end insert: ("(16) Subsections (1) to (9) shall not have effect as mentioned in subsection (10) if the Commission decide that it would be desirable to publish a fresh notice under section 73 in respect of the grant of the licence; and similarly this section shall not have effect as mentioned in subsection (13) if the Commission decide that it would be desirable to publish such a notice in respect of the grant of a further licence to provide the local delivery service in question.").

On Question, amendments agreed to.

Clause 76 [Additional payments to be made in respect of local delivery licences]:

Earl Ferrers moved Amendment No. 195: Page 67, leave out lines 12 and 13 and insert:

On Question, amendment agreed to.

Clause 77 [Duration and renewal of local delivery licences]:

Earl Ferrers moved Amendment No. 196: Page 68, line 12, leave out ("but not beyond that date") and insert ("having regard to subsection (8)")

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 197 to 203: Page 68, line 13, leave out subsection (4). Page 68, line 34, leave out from second ("the") to first ("the") in line 36 and insert ("first complete calendar year falling within"). Page 68, line 47, leave out ("a cash bid") and insert ("section 76(1) (a)"). Page 69, line 2, leave out ("not formally") and insert ("formally renew his licence not later than the relevant date or, if that is not reasonably practicable, as soon after that date as is reasonably practicable; and they shall not so"). Page 69, line 8, after ("section") insert: ("(a)"). Page 69, line 12, at end insert (", and subject to any determination made under subsection (6) (b) above; and (b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a local delivery licence is originally in force."). Page 69, line 12, at end insert: ("(10) In this section "the relevant date", in relation to a local delivery licence, means the date which the Commission determine to be that by which they would need to publish a notice under section 73 if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local delivery service formerly provided under that licence.")

The noble Earl said: My Lords, perhaps I could move Amendments Nos. 197 to 203 en bloc. They have all been spoken to before under different amendments. I beg to move.

On Question, amendments agreed to.

Clause 78 [Application of certain requirements in relation to foreign satellite programmes and advertisements inserted by licence holder]:

Earl Ferrers moved Amendment No. 204: Page 69, line 14, at beginning insert: ("(1A) Without prejudice to the generality of section 3(2) or (as the case may be) section 85(2), a licence to provide such a service as is mentioned in section 71(2) (c) or (e) may, where it is granted to the holder of a local delivery licence, authorise the provision by that person of programmes for delivery on all or any of the channels on which his local delivery service is provided.")

The noble Earl said: My Lords, I beg to move Amendment No. 204 and speak to Amendments Nos. 206 and 207 at the same time. These are technical amendments to the clause dealing with the regulation of foreign satellite programmes and locally inserted advertising carried on local delivery services. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 205: Page 69, line 18, leave out ("and (d)") and insert (", (d) and (e)")

The noble Earl said: My Lords, this is a minor amendment. I beg to move.

On Question, amendment agreed to.

Earl Ferrers moved Amendments Nos. 206 and 207: Page 69, line 26, leave out from ("(3)") to ("sections") in line 27 and insert ("The holder of a local delivery licence shall be taken to be authorised by his licence to include in the licensed service advertisements which are inserted by him and are net included in any service falling within section 71(2); hut, if any such advertisements are so included by him,") Page 69, line 29, leave out ("that person") and insert ("he")

The noble Earl said: My Lords, I beg to move Amendments Nos. 206 and 207. They were spoken to under earlier amendments.

On Question, amendments agreed to.

Clause 80 [Enforcement of local delivery licences]:

Earl Ferrers moved Amendment No. 208: Page 70, line 10, leave out ("subsections (7) and (8)") and insert ("subsection (7)")

On Question, amendment agreed to.

Earl Ferrers moved Amendment No. 209: Page 70, line 11, at end insert: ("and the reference to Part I of this Act in subsection (1) of each of those sections shall be construed as including a reference to this Part of this Act.")

The noble Earl said: My Lords, this is a minor drafting amendment to make clear that when Clauses 40 and 41 are applied to a local delivery licence issued under Part II of the Bill, the references in those clauses to Part I should be construed as a reference to Part II of the Bill. I beg to move.

On Question, amendment agreed to.

The Earl of Strathmore and Kinghorne

My Lords, I beg to move that further consideration on Report be now adjourned.

Moved accordingly, and, on Question, Motion agreed to.