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Lord Harris of Haringey: I shall not detain the Committee for any length of time at this stage. It has been put to me that the use of the phrase "Corporation of London", blurs the distinction between the private and public assets of the corporation. Therefore, it runs the risk that the Bill is rendered hybrid. I am not entering into a debate about the assets of the Corporation of London and the Common Council, but I am concerned that if the Bill were inadvertently rendered hybrid, all the work carried out by the Committee would somehow be rendered invalid. Therefore, I hope that the Minister can give us some reassurance on that point.

Lord Whitty: I greatly hope so. I should tear out my hair were I to discover that the nine days that we had spent in Committee were to be rendered invalid. However, I cannot give a definitive answer to the noble Lord, Lord Dahrendorf, tonight. I believe that he may well have a point. Clearly there are some arcane legal matters here. My officials have been in contact with the Office of the City Remembrancer as to the way that the City is referred to in the clause. We have not as yet fully resolved the matter. It seems even more complicated than described by my noble friend and by the noble Lord, Lord Dahrendorf, but I hope that we can resolve all these points in a satisfactory way by the time we reach Report stage.

Lord Dahrendorf: I thank the Minister and I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendment No. 455AZAC not moved.]

Clauses 319 and 320 agreed to.

Schedule 26 agreed to.

Clauses 321 to 324 agreed to.

Clause 325 [Regulations and orders]:

[Amendment No. 455AA not moved.]

29 Jul 1999 : Column 1756

Lord Whitty moved Amendment No. 455AB:


Page 173, line 43, at end insert ("or
(c) section 317(1) above,")

The noble Lord said: In moving the amendment I shall speak also to Amendments Nos. 455AC and 455EA. The amendments seek to apply the affirmative procedure orders made under Clause 317(1), which we are bringing forward directly in response to the recommendations of the 16th Report of the Select Committee on Delegated Powers and Deregulation. I am grateful to the members of that Committee for their careful and detailed scrutiny of the Bill. This was their major point on the Bill and we believe that these amendments meet it. I apologise to noble Lords inconvenienced by the relatively late tabling of the amendment. Nevertheless, I believe that by this group of amendments we have met in full the requirements of the Select Committee on Delegated Powers and Deregulation. Therefore I hope that the Committee will accept the amendments.

Baroness Anelay of St Johns : I rise briefly to express the support of these Benches for the amendments. They seem to meet the objectives which we have sought in tabling Amendments Nos. 455B and 455E at a rather earlier stage than the Minister's amendments, but we certainly appreciate that the Government have now met those objectives.

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 455AC:


Page 173, line 45, at end insert--
("( ) Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 317(1) above making--
(a) amendments or repeals in an enactment contained in a local and personal or private Act,
(b) amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or
(c) provision of any description by virtue of section 317(2) or subsection (1) above in connection with any such amendments, repeals or revocations,
if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.")

On Question, amendment agreed to.

[Amendment No. 455B not moved.]

Lord Whitty moved Amendment No. 455BA:


Page 174, line 21, leave out ("paragraph 16(2)") and insert ("provisions specified in subsection (4) above")

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 455BB:


Page 174, line 22, leave out ("paragraph 22(2)") and insert ("provisions specified in subsection (4) above")

On Question, amendment agreed to.

29 Jul 1999 : Column 1757

Lord Whitty moved Amendment No. 455C:


Page 174, line 25, at end insert--
("section (Power of Mayor to transfer functions)(4);")

The noble Lord said: In moving the amendment I shall speak also to Amendments Nos. 455D and 455J. The first two of those amendments ensure that the Secretary of State will be made subject to negative procedures as a result of government amendments made earlier in Committee. They therefore follow through earlier decisions of the Committee. Amendment No. 455J relates to the designation of paying parking places which was missed at an earlier stage in the Bill. At present, boroughs may designate paying parking places where they are the highway agency for the road. The amendment provides that a borough would have to obtain the consent of the traffic authority before it designates paying parking places. That is an important provision in the question of the management of roads, but at this point it is a relatively technical amendment. I beg to move.

Baroness Gardner of Parkes: I am sorry, but I feel that I must speak out on the issue of having to apply to the Greater London Authority for all one's parking places. I recall that that was a terribly long-winded procedure. Boroughs were driven mad. The procedure took so long and one could not obtain permission to use parking places. Perhaps the noble Lord would--even if we pass the amendment tonight--look at the matter again before Report stage.

Lord Whitty: I shall certainly undertake to have another look at it. It does not reproduce the old two-tier system which we had before. However, I shall write to the noble Baroness.

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 455D:


Page 174, line 27, at end insert--
("section (Restrictions on contracting out certain services);")

On Question, amendment agreed to.

[Amendment No. 455E not moved.]

Lord Whitty moved Amendment No. 455EA:


Page 174, line 34, at end insert--
("( ) For the purposes of this section, the subordinate legislation which is "subject to affirmative parliamentary procedure" is any subordinate legislation contained in an instrument which was subject--
(a) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or
(b) to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).")

On Question, amendment agreed to.

Clause 325, as amended, agreed to.

Clauses 326 to 328 agreed to.

29 Jul 1999 : Column 1758

Schedule 27 [Enactments repealed]:

Lord Whitty moved Amendments Nos. 455F to 455H:


Page 320, line 11, at end insert--
("1965 c. 63.The Public Works Loans Act 1965.In section 2(1)(a), the word "and" immediately preceding sub-paragraph (iii).
1968 c. 13. The National Loans Act 1968. In Schedule 4, in paragraph 1, in paragraph (a) of the definition of "local authority", the word "and" immediately preceding sub-paragraph (iii).")

Page 321, line 13, column 3, at end insert--
("Section 107.")

Page 321, line 13, at end insert--
("1988 c. 41.The Local Government finance Act 1988.In section 88(2), paragraphs (c) and (d).")

On Question, amendments agreed to.

Lord Whitty moved Amendment No. 455J:


Page 322, line 19, column 3, at end insert--
("In section 45(1), in the second paragraph, the words "outside Greater London".")

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 455K:


Page 322, line 19, column 3, at end insert--
("In section 55(4), the word "and" immediately preceding paragraph (d).")

On Question, amendment agreed to.

Schedule 27, as amended, agreed to.

Clause 329 [Interpretation]:

Baroness Hamwee moved Amendment No. 456:


Page 175, line 33, leave out paragraph (b)

The noble Baroness said: I was surprised to see that this amendment was not shown as having been debated. It was certainly debated in substance if not at this point. However, I shall take just a few seconds to use this opportunity heartily to thank both Ministers for their patience and good humour through this enormously long Committee stage. I know it is normal to offer thanks at the end of a Bill, but I wish to include the officials. They have not only managed to stay awake; they have managed to get through quite a lot of written material as well.

My noble friends and I do not wish to have these remarks used against us as supporting the Bill any more now than when proceedings started. But we are extremely grateful for the way in which progress has been conducted from the Government Benches. I hope that I have not started a long debate. I beg to move.

29 Jul 1999 : Column 1759


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