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Column 332Richards, Rod
Roberts, Rt Hon Sir Wyn
Robertson, Raymond (Ab'd'n S)
Roe, Mrs Marion (Broxbourne)
Ross, William (E Londonderry)
Rumbold, Rt Hon Dame Angela
Ryder, Rt Hon Richard
Scott, Rt Hon Nicholas
Shaw, David (Dover)
Shaw, Sir Giles (Pudsey)
Shephard, Rt Hon Gillian
Shepherd, Richard (Aldridge)
Skeet, Sir Trevor
Smyth, Rev Martin (Belfast S)
Speed, Sir Keith
Spencer, Sir Derek
Spicer, Sir James (W Dorset)
Spicer, Michael (S Worcs)
Spink, Dr Robert
Squire, Robin (Hornchurch)
Stanley, Rt Hon Sir John
Tapsell, Sir Peter
Taylor, Ian (Esher)
Taylor, Sir Teddy (Southend, E)
Thompson, Sir Donald (C'er V)
Thompson, Patrick (Norwich N)
Thornton, Sir Malcolm
Townsend, Cyril D. (Bexl'yh'th)
Twinn, Dr Ian
Vaughan, Sir Gerard
Waldegrave, Rt Hon William
Walker, A. Cecil (Belfast N)
Walker, Bill (N Tayside)
Wardle, Charles (Bexhill)
Wiggin, Sir Jerry
Winterton, Mrs Ann (Congleton)
Winterton, Nicholas (Macc'f'ld)
Young, Rt Hon Sir George
Tellers for the Noes :
Mr. Sydney Chapman and
Mr. Andrew MacKay.
Amendment accordingly negatived.
Amendment made : No. 137, in page 73, line 19, leave out hat' and insert headgear'.--[ Lord James Douglas-Hamilton .]
Amendment made : No. 138, in page 75, line 19, at end insert (6) Every contracted out prison shall have a medical officer, who shall be a registered medical practitioner appointed by the contractor.'.--[ Lord James Douglas-Hamilton .]
Amendment made : No. 139, in page 75, line 29, leave out hat' and insert headgear'.--[ Lord James Douglas-Hamilton .]
Amendments made : No. 140, in page 76, leave out lines 13 to 15 and insert
Column 333(2) In section 3 of the 1989 Act (general superintendence of prisons)
(a) in subsection (1), the words from "who shall appoint" to the end shall be omitted ; and
(b) subsection (3) shall not apply.'.
No. 141, in page 76, line 18, leave out first and'.
No. 142, in page 76, line 18, at end insert
, 41(4) (detention of person suspected of bringing prohibited article into prison) and 41B(3) (testing prisoners for drugs)'. No. 143, in page 76, line 24, leave out and 41(3) (prohibited articles)' and insert
, 41(3), (4), (6) and (8) (detention of person suspected of bringing prohibited article into prison) and 41B(1) (testing prisoners for drugs)'.
No. 144, in page 76, leave out line 32 and insert
(6) Sections 37 (discontinuance of prison), 41(2A) and (2B) (power to search for prohibited articles) and 41A (powers of search by authorised employees) of that Act shall not apply.'.--[ Lord James Douglas-Hamilton .]
Amendments made : No. 145, in page 78, line 1, after 41(3)', insert , (4), (6) and (8)'.
No. 146, in page 78, line 3, leave out
(5) Any reference in subsections (1) to (3) above' and insert (4A) Section 41(2A) and (2B) of the 1989 Act (search of person suspected of bringing prohibited article into prison) shall not apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison.
(5) Any reference in the foregoing provisions of this section'.--[ Lord James Douglas-Hamilton .]
Mr. Peter Lloyd : I beg to move amendment No. 216, in page 85, line 7, at end insert
(5) Subsection (6) below shall apply where
(a) the certificate of independence of any organisation has been cancelled, at any time before the passing of this Act, in consequence of the removal of the name of that organisation from a list of trade unions kept under provisions of the relevant employment legislation ; but
(b) it appears to the Certification Officer that the organisation would have remained on the list, and that the certificate would have remained in force, had that legislation had effect at and after that time in accordance with subsection (1) above.
(6) Where this subsection applies
(a) the Certification Officer shall restore the name to the list and delete from his records any entry relating to the cancellation of the certificate ;
(b) the removal of the name from the list, the making of the deleted entry and the cancellation of the certificate shall be deemed never to have occurred ; and
(c) the organisation shall accordingly be deemed, for the purposes for which it is treated by virtue of subsection (4) above as having been a trade union, to have been independent throughout the period between the cancellation of the certificate and the deletion of the entry relating to that cancellation.'.