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"DATA PROTECTION
Nothing in this Act authorises a disclosure which contravenes the Data Protection Act 1998 (c. 29)."
On Question, amendment agreed to.
[Amendment No. 362 not moved.]
[Amendment No. 363 not moved.]
Lord McIntosh of Haringey moved Amendment No. 363A:
""enactment" includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament,"
On Question, amendment agreed to.
6 Apr 2005 : Column 869
[Amendment No. 364 not moved.]
Lord McIntosh of Haringey moved Amendments Nos. 365 and 366:
""licensed premises gaming machine permit" has the meaning given by section 278,"
Page 155, leave out line 30.
On Question, amendments agreed to.
[Amendment No. 367 not moved.]
Lord McIntosh of Haringey moved Amendments Nos. 368 to 371:
"(c) a seaplane, and
(d) an amphibious vehicle (other than a hovercraft within the meaning of the Hovercraft Act 1968 (c. 59)),"
Page 156, line 15, after "anything" insert ", other than a seaplane or an amphibious vehicle,"
Page 156, line 16, leave out "and" and insert—
"(aa) a hovercraft (within the meaning of the Hovercraft Act 1968 (c. 59)), and"
On Question, amendments agreed to.
Clause 346, as amended, agreed to.
Clause 347 [Crown application]:
Lord McIntosh of Haringey moved Amendment No. 372:
"(3) Section 40(3) of the Fire Precautions Act 1971 (c. 40) (conversion of reference to fire and rescue authority into reference to Her Majesty's Fire Inspectorate in relation to Crown premises) shall apply to a provision of this Act as it applies to provisions of that Act (but with the substitution for the reference to section 40(1) of a reference to subsection (1) above)."
On Question, amendment agreed to.
Clause 347, as amended, agreed to.
Clause 348 [Regulations, orders and rules]:
Lord McIntosh of Haringey moved Amendment No. 373:
The noble Lord said: The noble Viscount the Deputy Chairman of Committees should have a seat; he deserves it.
Amendments Nos. 373, 374 and 377A, the government amendments in this group, represent our acceptance of all the recommendations of the report of the Select Committee on Delegated Powers and Regulatory Reform on the Bill. The committee recommended that the delegated powers in Clause 322 and, to a limited extent, Clause 345 be made subject to the affirmative procedure. I accept both those recommendations. I beg to move. I am sorry that I did not speak for longer.
Lord Brooke of Sutton Mandeville: I speak not only as a member of the Joint Committee but also as a member of the Select Committee on Delegated Powers and Regulatory Reform. We were extremely grateful when
6 Apr 2005 : Column 870
the Minister accepted our two recommendations. I have one brief footnote to add: the Minister accepted the recommendations on the very same day as we published our report making them. The electrical speed of that turnaround compares favourably with the general gestation of the Bill. That alacrity on the Minister's part seems a happy note as this Committee stage draws to a close.
Lord Roper: In view of the remarks just made and the noble Lord's earlier remarks, I wish to add that we have shown that the Select Committee on Delegated Powers and Regulatory Reform can operate even during the period of wash-up. Therefore some of the earlier points about the failure of wash-up to deal with the remarks of his committee are not necessarily as serious as he suggested.
Lord McIntosh of Haringey: I think that the speed is electronic rather than electrical.
On Question, amendment agreed to.
Lord McIntosh of Haringey moved Amendments Nos. 374 to 376:
"(j) section 322."
Page 158, line 1, leave out "the Secretary of State" and insert "a Minister of the Crown"
Page 158, line 6, leave out "subsection (7)" and insert "subsections (7) and (7A)"
On Question, amendments agreed to.
[Amendment No. 377 had been withdrawn from the Marshalled List.]
Lord McIntosh of Haringey moved Amendments Nos. 377A and 378:
Page 158, line 8, leave out "or 345 or" and insert ", to an order under section 345 other than an order adding an entry to the list in Part 2 or 2A of Schedule 6 or to an order"
"(7A) Subsection (6) shall not apply to an order under section 351; but—
(a) an order under section 351(1) which includes provision made by virtue of section 351(4) or by virtue of Part 1 of Schedule 18 shall be subject to annulment in pursuance of a resolution of either House of Parliament, and
(b) an order under section 351(5) or (6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament."
On Question, amendments agreed to.
Clause 348, as amended, agreed to.
Schedule 16 [Minor and Consequential Amendments]:
Lord McIntosh of Haringey moved Amendment No. 378A:
2A (1) The Gaming Act 1968 shall be amended as follows.
(2) For section 6(2) (premises licensed for the sale of alcohol) substitute—
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"(2) This section applies to any premises in England and Wales—
(a) in respect of which a premises licence under Part 3 of the Licensing Act 2003 (c. 17) has effect,
(b) which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food),
(c) at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003."
(3) In section 12(3)—
(a) in paragraph (a) the words from "and at that time" to the end of the paragraph shall cease to have effect,
(b) in paragraph (b) the words from "and at that time" to the end of the paragraph shall cease to have effect, and
(c) in paragraph (c) the words from "and at that time" to the end of the paragraph shall cease to have effect.
(4) For section 20(5) substitute—
"(5) Section 12(3) shall not apply in relation to any club to which this section applies."
(5) In section 31—
(a) in subsection (2)(c) for "ten" substitute "twenty",
(b) for subsection (3E) substitute—
"(3E) The initial amount must not exceed the higher of—
(a) the highest coin value, or
(b) the charge for playing a game once by means of the machine.", and.
(c) in subsection (3G) for "the highest coin value" substitute "the higher of—
(a) the highest coin value, or
(b) the charge for playing a game once by means of the machine."
(6) In section 51(3) after "regulations" insert "or an order".
(7) In paragraph 10A(1) of Schedule 9, leave out "sub-paragraph (a) or".
(8) After paragraph 10A of Schedule 9 insert—
"10AA A permit in respect of premises to which sub-paragraph (a) of paragraph 1 of this Schedule applies shall be subject to the conditions that a machine must—
(a) be located on premises which contain a bar at which alcohol is served for consumption on the premises (without a requirement that alcohol is served only with food), and
(b) be made available for use only at a time when alcohol may be supplied in reliance on the premises licence under Part 3 of the Licensing Act 2003.""
On Question, amendment agreed to.
[Amendment No. 379 had been withdrawn from the Marshalled List.]
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