§ 9.47 p.m.
§ Report received.
§ Clause 11 [Interpretation and subordinate legislation]:
Baroness Gardner of Parkes moved the amendment:
Page 7, line 19, leave out subsection (3).
§ The noble Baroness said: My Lords, this amendment seeks to rectify a problem brought to our attention by the Select Committee on the Scrutiny of Delegated Powers. It questioned the need for Clause 11(3).
§ As currently drafted, this subsection allows the Secretary of State to vary the amount or form of the fixed penalty under Clause 9 by different orders for different purposes. This is clearly not required.
§ The reason why this subsection was originally included was to allow the Secretary of State to make different statutory instruments for different purposes when there was a regulation-making power in the schedule to the Bill. When the schedule was substantially amended in another place, this regulation-making power was removed. This subsection should also have been removed rather than amended to apply only to orders under Clause 9.
§ At the Committee stage, I stated that on reflection we agreed with the Select Committee's view that this clause was unnecessary and undertook to amend it at Report stage. This amendment honours that undertaking. I beg to move.
My Lords, I am grateful to my noble friend for explaining the amendment and also to the Select Committee for noticing this point. We are content that the amendment should be made.
Lord Morris of Castle Morris: My Lords, we on these Benches have looked at the Bill as it has come back to us from Committee and we welcome it in its present form. It was not unduly troublesome to us in any of its earlier stages and it is a necessary piece of legislation which we commend to your Lordships' House.
Noise is, by definition, undesirable. The permitted level of noise as defined in Clause 5 appears to us to be sensible and acceptable. It can be enforced properly because it can be easily understood.
The Bill comes to us on Report and, as we have neither question, nor comment, nor amendments to propose we are content to give the Bill our complete approval.
On Question, amendment agreed to.
House adjourned at ten minutes before ten o'clock.