76: After Clause 57, insert the following new Clause—

“Motor racing on public roads: general

(1) The Road Traffic Act 1988 is amended as follows.

(2) In section 12 (motor racing on public ways), after subsection (1) insert —

“(1A) Subsection (1) is subject to—

(a) in relation to England and Wales, sections 12A to 12F (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in England and Wales);

(b) in relation to Scotland, sections 12G to 12I (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in Scotland).”

(3) After section 12 insert—

“12A Motor race orders: England and Wales: overview

(1) Sections 12A to 12F allow highway authorities to make orders relating to the holding of a race or trial of speed between motor vehicles on a highway in England and Wales (“motor race orders”).

(2) A motor race order is made on the application of the person promoting the event, with the permission of a motor sport governing body (see sections 12B to 12D).

(3) The effect of a motor race order is set out in section 12E.

12B Permission to apply for motor race order

(1) A person who wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales may apply for a permit to a motor sport governing body authorised by regulations made by the appropriate national authority to issue permits in respect of a race or trial of speed of that kind.

(2) Before issuing a permit, the motor sport governing body must consult—

(a) the highway authority for each area in which the event is to take place or which is otherwise likely to be significantly affected by the event,

(b) the local authority for each such area,

(c) the police authority for each such area,

(d) in the case of an event that is to take place in Greater London, the Greater London Authority,

(e) each person who has given the motor sport governing body written notice within the previous 12 months that the person wishes to be consulted about applications under this section, and

(f) such other persons as the motor sport governing body thinks appropriate.

(3) The motor sport governing body must issue the permit if satisfied that—

(a) the applicant intends to promote the proposed event,

(b) the applicant has the necessary financial and other resources to make appropriate arrangements for the event,

(c) the applicant has arranged or will arrange appropriate insurance cover in connection with the event, in accordance with guidance issued by the motor sport governing body, and

(d) the application includes all necessary details of the safety and other arrangements proposed for the event.

(4) A permit must specify—

(a) any route to be followed in the course of the event;

(b) arrangements for the approval by the motor sport governing body of drivers participating in the event;

(c) arrangements for the approval by the motor sport governing body of vehicles to be used in the course of the event;

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(d) arrangements made or to be made for insurance in connection with the event.

(5) A permit may set out conditions that the motor sport governing body thinks should be included in any motor race order made in relation to the event.

(6) The appropriate national authority must by regulations list motor sport governing bodies that are authorised to issue permits for the purposes of this section.

(7) The regulations may specify the kinds of races or trials of speed between motor vehicles on a highway in respect of which each listed governing body may issue permits.

(8) The regulations may provide that a listed motor sport governing body ceases to be authorised to issue permits if the rules of the governing body—

(a) include provision of a kind specified in the regulations;

(b) do not include provision of a kind so specified.

(9) In this section—

“the appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

“local authority” means —

(a) a county or district council in England;

(b) a parish council in England;

(c) a London borough council;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Council of the Isles of Scilly;

(f) a county or county borough council in Wales.

12C Application for motor race order

(1) A motor race order may only be made on an application under this section.

(2) An application may be made only by a person who—

(a) wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales, and

(b) has a permit issued in accordance with section 12B in relation to the event.

(3) The application must be made to the highway authority for the area in which the event is to take place (and, where the event is to take place in the area of more than one highway authority, separate applications must be made under this section to each authority).

(4) The application must be made not less than 6 months before the event.

(5) The application must be accompanied by—

(a) the permit issued in accordance with section 12B;

(b) details of any orders under section 16A of the Road Traffic Regulation Act 1984 (prohibition or restriction on roads in connection with certain events), and of any other orders, regulations or other legislative instruments, that will be needed in connection with the event;

(c) a risk assessment in such form as the highway authority may specify;

(d) such fee as the highway authority may specify.

12D Determination of applications for motor race orders

(1) Before determining whether to make a motor race order, a highway authority must consider—

(a) the likely impact of the event on the local community,

(b) the potential local economic and other benefits (in respect of tourism or otherwise), and

(c) any other local considerations that the authority thinks relevant.

(2) The highway authority may make the motor race order if satisfied that—

(a) adequate arrangements have been made to allow the views of the local community to be taken into account,

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(b) the person proposing to promote the event has shown that the event is commercially viable, and

(c) effective arrangements have been made to involve local residents, the police and other emergency services in the planning and implementation of the event.

(3) A motor race order must—

(a) specify the event to which it relates, including the date or (in the case of an event that is to take place on more than one day) the dates on which it is to take place,

(b) include a map of the area to be used for the event (showing, in particular, the roads which participants will use, and areas which will be available for occupation by spectators), and

(c) include any other information specified by the appropriate national authority by regulations.

(4) A motor race order may include conditions which must be satisfied before, during or after the event.

(5) A motor race order may, in particular, include conditions designed to ensure that the arrangements mentioned in subsection (2)(c) continue throughout the planning and implementation of the event.

(6) In this section, “the appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers.

12E Effect of motor race order

(1) A motor race order made under section 12D has the effect described in this section.

(2) Section 12(1) does not apply to the promoter of the event if that person—

(a) promotes the event in accordance with any conditions imposed on the promoter by the motor race order, and

(b) takes reasonable steps to ensure that any other conditions specified in the motor race order are met.

(3) The provisions listed in the Table do not apply in relation to a participant or an official or (as the case may be) in relation to a vehicle used by a participant or an official provided that—

(a) the participant has been approved by the motor sport governing body that issued a permit in respect of the event or (as the case may be) the official has been authorised by the promoter,

(b) the participant or official complies with any conditions specified in the motor race order that apply to participants or (as the case may be) officials, and

(c) the participant or official also complies with any conditions imposed on him or her by the promoter.

ProvisionTopic

Road Traffic Regulation Act 1984

Section 18(3)

Contravention of order relating to one-way traffic on trunk roads

Section 20(5)

Contravention of order relating to use on roads of vehicles of certain classes

Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1)

Speed limits

Regulations under section 99

Removal of vehicles illegally parked etc

Section 104(1)

Immobilisation of vehicles illegally parked

Road Traffic Act 1988

Section 1

Causing death by dangerous driving

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Section 1A

Causing serious injury by dangerous driving

Section 2

Dangerous driving

Section 2B

Causing death by careless, or inconsiderate, driving

Section 3

Careless, and inconsiderate, driving

Section 3ZB

Causing death by driving: unlicensed, disqualified or uninsured drivers

Section 12(1)

Motor racing on public ways

Section 21(1)

Prohibition of driving or parking on cycle tracks

Section 22

Leaving vehicles in dangerous positions

Section 22A

Causing danger to road-users

Section 36(1)

Drivers to comply with traffic signs

The Highway Code, as it has effect under section 38

Section 40A

Using vehicle in dangerous condition etc

Regulations under section 41

Regulation of construction, weight, equipment and use of vehicles

Section 41A

Breach of requirement as to brakes, steering-gear or tyres

Section 41C

Breach of requirement as to speed assessment equipment detection devices

Section 42

Breach of other construction and use requirements

Section 47(1)

Obligatory test certificates

Section 87(1)

Drivers of motor vehicles to have driving licences

Section 103(1)(b)

Driving while disqualified

Section 143(1) and (2)

Users of motor vehicles to be insured or secured against third-party risks

Sections 164 and 165

Powers of constables to require production of driving licence, obtain information etc

Section 165A

Power to seize vehicles driven without licence or insurance

Section 170

Duty of driver to stop, report accident and give information or documents

Vehicle Excise and Registration Act 1994

Section 1(1)(b)

Circumstances in which vehicle excise duty is chargeable on unregistered mechanically propelled vehicles

Section 29(1)

Offence of using or keeping an unlicensed vehicle

(4) The appropriate national authority may by regulations amend this section so as to—

(a) add or omit an entry in the Table in subsection (3);

(b) provide that subsection (3) applies in relation to a provision for the time being included in the Table only for purposes specified in the regulations;

(c) provide that subsection (3) applies in relation to a provision for the time being included in the Table only if a condition specified in the regulations is included in the motor race order.

(5) However, regulations under subsection (4) may not add any provision of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the Table in subsection (3).

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(6) The promoter of an event in respect of which a motor race order has been made is liable in damages if personal injury or damage to property is caused by anything done—

(a) by or on behalf of the promoter in connection with the event, or

(b) by or on behalf of a participant or an official,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

(7) For the purposes of the Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any injury or damage for which a person is liable under subsection (6) is to be treated as due to the fault of that person.

(8) In this section—

“the appropriate national authority” means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

“official” means a person who facilitates the holding of a race or trial of speed.

12F Regulations by appropriate national authority: procedure

(1) A power to make regulations conferred on the Secretary of State or the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of State under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing regulations made by the Secretary of State under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (2) applies) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument containing regulations made by the Welsh Ministers under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(5) A statutory instrument containing regulations made by the Welsh Ministers under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (4) applies) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12G Authorisation of races and trials of speed in Scotland

(1) The Scottish Ministers may by regulations authorise, or make provision for authorising, the holding of races or trials of speed on public roads in Scotland.

(2) Regulations under this section may in particular—

(a) specify the persons by whom authorisations may be given;

(b) limit the circumstances in which, and the places in respect of which, authorisations may be given;

(c) provide for authorisations to be subject to conditions imposed by or under the regulations;

(d) provide for authorisations to cease to have effect in circumstances specified in the regulations;

(e) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations.

(3) Regulations under this section may make different provision for different cases.

12H Races and trials of speed in Scotland: further provision

(1) Section 12(1) does not apply to the promoter of an event that has been authorised by or under regulations under section 12G if that person—

(a) promotes the event in accordance with any conditions imposed on the promoter by or under the regulations, and

(b) takes reasonable steps to ensure that any other conditions imposed by or under the regulations are met.

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(2) Section 12(1) does not apply to a participant in an event that has been authorised by or under regulations under section 12G, provided that the participant complies with any conditions imposed on participants by or under the regulations.

(3) Sections 1, 1A, 2, 2B and 3 do not apply to a participant in an event that has been authorised by or under regulations under section 12G or to any other person of a description specified in regulations made by the Scottish Ministers, provided that the participant or other person complies with any conditions imposed on participants or on persons of that description by or under regulations under section 12G.

(4) The Scottish Ministers may by regulations make provision for specified provisions of legislation of a kind mentioned in subsection (5)—

(a) not to apply in relation to participants in events authorised by or under regulations under section 12G or (as appropriate) in relation to vehicles used by such persons;

(b) to apply in relation to such persons or vehicles subject to modifications specified in the regulations;

(c) not to apply in relation to persons of a description specified in regulations under this subsection or (as appropriate) in relation to vehicles used by such persons;

(d) to apply in relation to such persons or vehicles subject to modifications specified in the regulations.

(5) The kinds of legislation are—

(a) legislation restricting the speed of vehicles or otherwise regulating the use of vehicles on a public road;

(b) legislation regulating the construction, maintenance or lighting of vehicles;

(c) legislation requiring a policy of insurance or security to be in force in relation to the use of any vehicle;

(d) legislation relating to the duty chargeable on, or the licensing and registration of, vehicles;

(e) legislation requiring the driver of a vehicle to hold a licence to drive it;

(f) legislation relating to the enforcement of any legislation mentioned in paragraphs (a) to (e).

(6) However, regulations under subsection (4) may not disapply, or otherwise alter the application of, sections 3A to 11 of this Act (motor vehicles: drink and drugs).

(7) The Scottish Ministers may by regulations amend section 16A of the Road Traffic Regulation Act 1984 so as to enable orders under that section that are made for the purposes of an event authorised by or under regulations under section 12G to suspend statutory provisions in addition to those specified in section 16A(11).

(8) The promoter of an event that has been authorised by or under regulations under section 12G is liable in damages if personal injury or damage to property is caused by anything done—

(a) by or on behalf of the promoter in connection with the event,

(b) by or on behalf of a participant, or

(c) by or on behalf of a person of a description specified in regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

(9) For the purposes of the Law Reform (Contributory Negligence) Act 1945, any injury or damage for which a person is liable under subsection (8) is to be treated as due to the fault of that person.

(10) In this section, “legislation” means—

(a) an Act or subordinate legislation (within the meaning of the Interpretation Act 1978);

(b) an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament.

12I Regulations under section 12G or 12H: procedure

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(1) Before making regulations under section 12H(3), (4), (7) or (8), the Scottish Ministers must consult such persons as they consider appropriate.

(2) Regulations under section 12G are subject to the negative procedure.

(3) Regulations under section 12H(3), (4), (7) or (8) are subject to the affirmative procedure.””

Lord Wallace of Saltaire: My Lords, we come to a set of government amendments—Amendments 76 to 78, 97 and 98—which we are introducing on motor racing. Currently motor racing on public roads can be permitted only by Parliament using the Private Bill procedure for specific events. These new provisions enable authorising bodies, in conjunction with the local highway authority, to run motor races on roads which have been closed for the purpose without the need for individual primary legislation. They also redress the anomaly which allows local authorities to close roads for all sorts of events, such as street parties, parades and motor events that do not involve racing, as well as for cycle racing, as in Yorkshire this summer, but not motor racing. The amendment will extend that permission to motor races.

The sorts of races envisaged are small-scale local events, such as rally stages, sprints and hill climbs—not a London Grand Prix. Although the legislation removes a potential obstacle to on-road F1 races, major logistical and financial challenges remain and it is not likely that one would be held. The Motor Sports Association and the Auto-Cycle Union have estimated there might be up to 100 new events per year. The bulk would be very small events that would often form part of larger local festivals and events. They estimate that there might be one or two new very large events annually on the scale of the Jim Clark Rally in the Scottish Borders, which is permitted under private legislation. Similar events are already permitted in the Isle of Man and Northern Ireland, where the major racing events the North West 200 festival and the Ulster Grand Prix—both motor cycling—provide major financial investment, attracting thousands of spectators from home and abroad.

The Government consulted on the proposals in the spring of 2014. Even treating all the template replies organised by the motor sport organisations as one reply, there was overwhelmingly strong support for all but one of the proposals. The one proposal not agreed to is not being carried forward. The provisions in new Sections 12A to 12F provide for England and Wales and the provisions in new Sections 12G, 12H and 12I provide for Scotland. These are different due to the specifics of the legislative system in Scotland and also reflect the preferences of colleagues north of the border for greater central government input.

The amendment for England and Wales allows a person who wishes to promote a race or trial of speed to apply to one of the motorsport governing bodies for a permit. These bodies will be appointed by regulation and we expect them to be the Motor Sports Association for car races and the Auto-Cycle Union for motorbike races being the very experienced bodies which authorise on and off-road events. The motor racing body would consult the highway authorities, the police, local authorities and anyone else who has requested to be involved and ensure that enough information is provided on resources, safety and other arrangements. That would include

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having sufficient insurance. Once satisfied, the body would then be able to issue a permit setting out the route and any relevant conditions.

The organiser would then apply to the local highway authority for a motor race order. He would need to provide a risk assessment. The local authority would consider the impact on the local community, the potential benefits and any other relevant factors, such as safety, before deciding whether to proceed. We envisage a high degree of consultation and engagement with such bodies as the police and emergency services before any such decision is taken. This would ensure that races are run only where it is safe and sensible to do so. The local authority would be able to charge a fee for considering the application for a motor race order.

The legislation then specifies some provisions that would be disapplied during these races. They include, among other things, speed restriction, traffic signs and licensing and insurance requirements, but not the provisions in the Road Traffic Act 1988 relating to drink and drugs. This new section would also disapply Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. This is because competitive driving has an element of increased risk, since it involves conduct, such as driving at speed, that would be considered careless or dangerous in normal driving conditions, and the vehicles used for some forms of race are not road legal and do not comply with the construction and use requirements. National authorities will be able by regulation to amend the list of disapplied road traffic legislation.

The proposed amendment for Scotland permits motor racing and trials of speed on public roads so long as the event is authorised by regulation and is held in accordance with any conditions imposed on the promoter by or under the regulations. It also disapplies Sections 1 to 3 of the Road Traffic Act 1988—road traffic offences related to careless and dangerous driving—in respect of competitors. The amendment allows Scottish Ministers to make provisions by regulation that specified provisions of legislation should not apply, or should apply subject to modification, to participants in authorised events. These provisions could cover, among other things, speed restrictions, traffic signs, licensing and insurance requirements. These regulations will not be able to disapply the provisions in the Road Traffic Act 1988 relating to drink and drugs, as in England and Wales. Scottish Ministers will be able by regulation to amend Section 16A of the Road Traffic Regulation Act 1984 to add to the list of statutory provisions which may be suspended by a road closure order. The legislation provides that the promoter would be liable in damages if their action, or that of a participant, caused personal injury or damage to property, unless the promoter could show that they had taken reasonable steps to prevent it. This amendment amends Section 16A of the Road Traffic Regulation Act 1984 in respect of England, Scotland and Wales to allow local authorities to close roads in order to hold motor races.

The Government consulted on these proposals and there was strong support for this provision. We envisage a high degree of consultation that would ensure that

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races are run only where it is safe and sensible to do so. Certain legislation would be disapplied during these races, including speed restrictions and road traffic offences related to careless and dangerous driving in respect of competitors. I beg to move.

Lord Purvis of Tweed (LD): My Lords, I support the amendments in this group, in particular those that transfer powers to Scottish Ministers. I crave the indulgence of noble Lords as I have not taken part in this Bill in Committee so far, but having listened to the eclectic subjects of schooling, tourism, licensing evenings in villages halls, haircuts, whisky ice cream and the size of Mars bars, it is much more attractive for me to carry on to take part in the debate.

These amendments are welcome. They reflect that rallying in Scotland has a long history and is enjoyed by thousands of dedicated individuals: spectators, drivers and volunteers. Scottish drivers and co-drivers have reached the highest levels of competition, for example, winning the World Rally Championship and building on Scotland’s motor sport tradition. As the Minister indicated, for more than 40 years the memorial rally for Jim Clark has been a fixture in the Scottish rally scene, in particular in the Scottish Borders in the constituency of my right honourable friend Michael Moore and in the ward of Councillor Frances Renton who is a tireless supporter of the rally. For more than 40 years, this annual event has taken place on private roads and tracks in the Scottish Borders in memory of my father’s hero Jim Clark, who was Formula One World Drivers’ Champion in 1963 and 1965. It is the only closed-road rally in mainland UK and therefore this measure will be of relevance to the Scottish Borders and the Jim Clark Rally.

It is held over three days in the Scottish Borders. It is worth acknowledging the work over many years by dedicated volunteers, and the real professionalism in the local authority and the local police and emergency services. However, despite that, this year the rally was struck by tragedy and three spectators were killed.

5.15 pm

I note that some of the issues regarding the requirements for regulations have been addressed very recently in the early report of the Scottish Government’s commission into that dreadful event. The group chaired by the Scottish Government was established to review the safety of the rally, taking into consideration other motorsport events across Scotland, including in Mull and the highlands. The group has a wide membership, including representatives of the motorsport industry association, the Scottish Auto Cycle Union, Police Scotland, the Health and Safety Executive and the local authority. The group also benefited from expert advice from Sir Jackie Stewart, who is noted for his long experience on road safety.

The conclusions, although early, which the group is drawing support the role of the clerks of the course, the surrounding support offered by the emergency services, safety plans, learning from other areas and multi-venue rallies, and for there to be further guidance that could well be consistent across other measures. This will inform the regulations that will now become the responsibility of Scottish Ministers. In that regard, this is particularly welcome.

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As the Minister has highlighted, currently the Jim Clark Rally has legislative authority through the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996, which was a private Bill. This has meant that the rally can take place only in the district of Berwickshire in the Scottish Borders. When there has been work to try to expand the rally into further areas in other parts of the Scottish Borders, that was restricted because it would have required primary legislation in this Parliament. This move towards Scottish Ministers is particularly welcome.

If I may, I will ask the Minister a couple of questions regarding the processes going forward. The first concerns the persons who under the regulations will be given the authority to operate such events. My question is whether the Government have considered allowing a relevant local authority to be such a person with regard to the competence of this legislation. I ask this because in many instances it would be of assistance if a person authorised for the race included a local authority or local authorities, with the support of the Scottish Borders Council. That would help with having the regulatory power when it comes to other organisers, and those associated with that event.

The second area is whether there could potentially be improvement to the other conditions which would be specified in the regulations. These are by their nature generic. They are being brought forward by the Scottish Government, and they could also stipulate the conditions of those regulations which can be enforced by the authorised body. That would also assist local authorities within Scotland to make sure that the events are conducted to the highest possible standards.

While understanding what the Minister said in the context of events in London or on the English side of the border, because these would be by nature generic, there would not necessarily be any distinction between a proposed Glasgow Grand Prix or making improvements for a specific event in a rural area such as the Jim Clark Rally.

Before I draw my comments to a close, I also would like the Minister to consider whether there could be conditions that relate specifically to public safely.

Proposed new Section 12G(2)(c) states that there will be conditions on what these regulations are able to cover. I noted that public safety was not an element of that. While I would not wish to pre-empt what the Scottish Parliament may well approve in legislation—I say that with respect to the institution in which I had the privilege to serve—and cognisant of the circumstances that we have seen at the Jim Clark Rally, public safety is an element.

Finally, I am pleased that a legislative consent Motion in the Scottish Parliament has been passed and there has been good co-ordination between the UK Government and the Scottish Government in transferring the powers. As a Liberal Democrat, it is pleasing to see that we are not only providing support for local events such as the rally, support for local authorities such as Scottish Borders Council, ensuring that regulation is improved, but carrying out what we believe in, which is transferring appropriate powers to the responsibility of the Scottish Parliament. If it

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means that we support a rally that I and my family are passionate about, I also have a personal interest in seeing the success of this measure.

Lord Stevenson of Balmacara: My Lords, I thank the noble Lord, Lord Purvis, for his useful contribution to our debates. He certainly caught us on a colourful day. We had a succession of rather intimate disclosures around eating habits and various other things, which has not been a hallmark of this Committee—and I have been here for every minute of it so far. However, we still have two days to come; perhaps a trend is being set, and we may get on to that, certainly with subjects such as television on the horizon. I am sure that there is room for manoeuvre. The noble Lord would be welcome to participate or just to observe.

I am left slightly unsighted on this because I had expected my noble friend Lady Smith to respond to this amendment, but she decided to go off and console herself with some Mars bars, I think, and left me to pick up the pieces. I therefore have only three small points to raise, to which I hope that the Minister can respond. First—although I am not sufficiently up to speed on this issue to know whether this is the case—presumably, when one is talking about passing responsibility for these matters to local authorities, we are anticipating situations involving large-scale events such as the recent Tour de France in Britain, which might span several counties or other city authorities. There may be a variable response. Can he explain the process for that? Will there be a lead authority that would, presumably, normally take responsibility? Given that this is a big change, and we are talking about high-speed, rather dangerous sporting events, it may be a bit of a worry if there are variable local authority standards, or if it is not clear what happens if one authority agrees and another does not agree to run an event on the scale of, say, the Tour de Yorkshire. I know that the Minister and the amendment say that the measure is restricted to smaller-scale events, but small-scale events involving cars are, in my view, still quite large-scale. They are certainly noisy and quite dangerous. I would like some reassurance on that.

Secondly, as regards my point about variable standards, if there are to be differences, there is an issue as to how the events will be sustained. Parliament can currently take an overview of the standards it wishes to see. The devolution of these responsibilities is not a bad thing but it raises the question of variability, and I should like some comments on that.

Thirdly—because it may be topical—what would be the process if it were decided by someone, say the mayor of a large conurbation, to have an F1 race in that city? Would we be stuck with the current arrangements for an Act of Parliament in order to provide, say, the “London Grand Prix”?

Lord Wallace of Saltaire: I thank both noble Lords for those interventions. I am particularly grateful to my noble friend Lord Purvis, who clearly understands much more about the implications of this from his personal experience, and from the Jim Clark Rally and its history, than many of us do. It was extremely valuable to have his contribution. Perhaps I should mark to noble Lords that a series of amendments are in the name of both myself for the Government and

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the noble Lord, Lord Rooker—not a Member of your Lordships’ House who is least careful about the importance of new legislation.

This group of amendments ought to have been in the Bill earlier. We apologise for their late introduction during the passage of the Bill. DCMS consulted on these measures in spring this year. The Government’s response to the consultation was announced by the Prime Minister on 11 July and we tabled these amendments at the end of July. However, for a number of reasons—including the fatalities at the Jim Clark Rally in the Borders just ahead of Second Reading in the Commons, when it was planned to table this—introduction was delayed to ensure that the provisions satisfied the need for confidence in the safety of such events. The Scottish review of the safety of these events will report at the end of the year. The provisions as drafted, which require secondary legislation to give these provisions effect, give Scotland, Wales and England the opportunity to have regard to any recommendations in the review.

My noble friend Lord Purvis asked a number of questions. He first asked whether the Government have considered allowing a local authority to be the regulating authority; I understood his second question to be whether the regulatory authority can enforce restrictions. In Scotland, the person or organisation authorised to carry events forward will be up to the Scottish Government, which can regulate. Enforcement of the regulations can also be determined by Scottish Ministers by regulation. Conditions in respect of public safety will be added to the regulations if the Scottish Minister wishes. I hope that my noble friend Lord Purvis will regard that as a matter of good co-ordination between the Scottish Government and Westminster.

On the question of safety for participants and spectators, we will certainly want to take into account the reviews that are following the Jim Clark Rally and apply those. We know that a number of local authorities would like to hold races. They apparently include: Oban South and the Isles; Torbay; Eastbourne; Isle of Wight; and Hinckley & Bosworth Borough Council. We see those as being small events in a single local authority, with nothing on the scale of the Tour de Yorkshire, which, as the noble Lord, Lord Stevenson, remarked, involved very considerable distances. Of course, across the north of England every summer we have effective motorcycle races by very large numbers of people—usually looking as though they are slightly older than me—which have fatalities on public roads. Indeed, my wife and I were crossing the North Yorkshire Moors when one of those sad accidents took place. There will be much more regulation under these circumstances than what currently happens.

The noble Lord, Lord Stevenson, asked what the circumstances would be if the Mayor of London wished to have a London Grand Prix. I am informed that this legislation would be adequate in principle for an F1 race around London, but the wider logistics would also need to be considered. It could well be that a really large event in London, or another big city, would have to have its own specific legislation, as the Olympics did, because of the sheer scale of the operation. This is intended to cover small events.

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Lord Stevenson of Balmacara: The Minister is trying to have it both ways. He said that it would be for small-scale events, not for F1, but on the advice of his officials he then said that the legislation would allow one to run an F1 event in London. Can we have a clear statement on where the break point is? The idea of F1 cars skidding around corners in Westminster and other places, which is being envisaged in this, puts a completely different light on it.

Lord Wallace of Saltaire: I accept that. I can assure the noble Lord that I will check that and write to him to reassure him on that matter. I hope I have answered the questions from both noble Lords who spoke.

Amendment 76 agreed.

Amendments 77 and 78

Moved by Lord Wallace of Saltaire

77: After Clause 57, insert the following new Clause—

“Motor racing: road closures

(1) Section 16A of the Road Traffic Regulation Act 1984 (which allows a traffic authority to impose by order restrictions or temporary prohibitions on the use of roads in connection with certain events) is amended as follows.

(2) In subsection (4), in paragraph (a), after “(motor racing on public ways)” insert “unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act”.

(3) After subsection (11) insert—

“(12) An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made may also suspend—

(a) regulations under section 25(1);

(b) section 28(1);

(c) an order under section 29(1);

(d) byelaws under section 31(1);

(e) any provision made by or under Part 4.””

78: After Clause 57, insert the following new Clause—

“Motor racing: consequential amendments

(1) The Road Traffic Act 1988 is amended in accordance with subsections (2) to (5).

(2) For the italic cross-heading before section 12 substitute “Motor racing on public ways”.

(3) Before section 13 insert the italic cross-heading “Other motor events”.

(4) In section 193A (tramcars and trolley vehicles), after subsection (3) insert—

“(3A) Sections 12A to 12I do not apply to tramcars or to trolley vehicles.”

(5) In section 195 (provisions as to regulations), after subsection (5) insert—

“(6) This section does not apply in relation to regulations under section 12B(6), 12D(3)(c) or 12E(4) (provision as to which is made by section 12F) or regulations under section 12G or 12H(3), (4), (7) or (8) (provision as to which is made by section 12I).”

(6) The Secretary of State may by regulations made by statutory instrument repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on highways in England and Wales (and, for this purpose, “highway” has the same meaning as in the Road Traffic Act 1988).

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(7) Regulations under subsection (6) may include transitional, transitory or saving provision.

(8) Before making regulations under subsection (6), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(9) A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) The Scottish Ministers may by regulations repeal any local Act passed before this Act which makes provision for authorising races or trials of speed between motor vehicles on public roads in Scotland (and, for this purpose, “public road” has the same meaning as in the Road Traffic Act 1988).

(11) Regulations under subsection (10) may include transitional, transitory or saving provision.

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(12) Before making regulations under subsection (10), the Scottish Ministers must consult such persons as they consider appropriate.

(13) Regulations under subsection (10) are subject to the negative procedure.”

Amendments 77 and 78 agreed.

Lord Gardiner of Kimble (Con): My Lords, I think it might be an appropriate moment for the Committee to adjourn.

Committee adjourned at 5.30 pm.