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Lord McIntosh of Haringey moved Amendment No. 254YF:


PROCEDURE ON APPLICATION FOR VARIATION OR REVOCATION OF DIRECTION

(" .--(1) If, on an application under subsection (10) or (11) of section 261, the Authority proposes--
(a) to vary a direction otherwise than in accordance with the application, or
(b) to refuse the application,
it must give the operator of the scheme concerned a warning notice.
(2) If, on such an application, the Authority decides--
(a) to vary a direction otherwise than in accordance with the application, or
(b) to refuse the application,
it must give the operator of the scheme concerned a decision notice.

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(3) If, on such an application, the Authority decides to grant the application it must give the operator of the scheme concerned written notice.
(4) If the Authority decides on its own initiative to revoke a direction given under section 261 it must give the operator of the scheme concerned written notice.
(5) The Authority must inform the competent authorities in the scheme's home State of any notice given under this section.").

On Question, amendment agreed to.

Clause 262 [Schemes authorised in designated countries or territories]:

Lord McIntosh of Haringey moved Amendment 254YG:


    Page 135, line 30, after ("Authority") insert (", by written notice,").

The noble Lord said: This amendment was spoken to with Clause 188 stand part. I beg to move.

On Question, amendment agreed to.

Clause 262, as amended, agreed to.

Clause 263 [Procedure]:

Lord McIntosh of Haringey moved Amendments Nos. 254YH and 254YJ:


    Page 136, line 36, leave out ("refuses") and insert ("decides to refuse").


    Page 136, line 39, leave out subsection (4).

The noble Lord said: These amendments were spoken to with Clause 188 stand part. I beg to move these amendments en bloc.

Lord Elton: Perhaps I may take this opportunity to suggest that where large blocks of interleaved amendments in the list of groupings have been debated on an earlier day it may be helpful to know the head amendment so that Members can refer back to the appropriate date. At the moment one takes the matter entirely on trust, which one does happily.

Lord Jenkin of Roding: I endorse the observation of my noble friend. I kept all of the earlier lists of amendments and during the course of the morning tried to identify the particular amendments. I ran out of time and enthusiasm and gave it up. I believe that my noble friend's suggestion would be extraordinarily helpful. Perhaps we should discuss these procedural matters in another forum.

Lord McIntosh of Haringey: I used to be infuriated when Ministers of another government stood up to say that an amendment had already been debated and begged to move it. Sometimes they did not even stand up. It is very good for me that I must continually stand up. I try to give the group in which the particular amendment appeared. I do not know whether there is a method of making that more generally available.

Lord Elton: It should not be beyond the wit of man to print that information on the list of groupings. However, my noble friend is quite correct: this is the wrong forum in which to hold that debate.

On Question, amendments agreed to.

Clause 263, as amended, agreed to.

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Clause 264 [Individually recognised overseas schemes]:

[Amendment No. 254YK not moved.]

Clause 264 agreed to.

Clause 265 [Matters that may be taken into account]:

[Amendments Nos. 254YL and 254YM not moved.]

Clause 265 agreed to.

Clause 266 [Applications for recognition of individual schemes]:

Lord McIntosh of Haringey moved Amendment No. 255:


    Page 138, line 32, leave out ("further information") and insert ("such further information as it reasonably considers necessary to enable it to determine the application").

The noble Lord said: This amendment was debated with Amendment No. 155. I beg to move.

Lord Elton: As a matter of interest, I think that we have just passed the middle point of the Bill on the fifth and last day of debate in Committee.

Lord McIntosh of Haringey: Ligne de partage des eaux!

On Question, amendment agreed to.

Clause 266, as amended, agreed to.

Clause 267 [Determination of applications]:

Lord McIntosh of Haringey moved Amendment No. 255A:


    Page 138, line 45, at end insert--


("( ) If the Authority makes an order under section 264(1), it must give written notice of the order to the applicant.").

The noble Lord said: This amendment was spoken to with Clause 188 stand part. I beg to move.

On Question, amendment agreed to.

Clause 267, as amended, agreed to.

Clause 268 [Procedure when refusing an application]:

Lord McIntosh of Haringey moved Amendment No. 255B:


    Page 139, line 3, leave out ("refuses") and insert ("decides to refuse").

The noble Lord said: This amendment was spoken to with Clause 188 stand part. I beg to move.

On Question, amendment agreed to.

Clause 268, as amended, agreed to.

Clause 269 [Alteration of schemes and changes of operator, trustee or depositary]:

Lord McIntosh of Haringey moved Amendments Nos. 255C to 255E:


    Page 139, line 10, after ("Authority") insert (", by written notice,").


    Page 139, line 12, leave out ("notified") insert ("given written notice to").


    Page 139, line 13, leave out ("the proposal is not approved") and insert ("it has decided to refuse approval").

The noble Lord said: These amendments were spoken to with Clause 188 stand part. I beg to move.

On Question, amendments agreed to.

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Clause 269, as amended, agreed to.

Clauses 270 and 271 agreed to.

Clause 272 [Procedure]:

Lord McIntosh of Haringey moved Amendment No. 255F:


    Page 140, line 7, leave out subsection (3).

The noble Lord said: This amendment was spoken to with Clause 188 stand part. I beg to move.

On Question, amendment agreed to.

Clause 272, as amended, agreed to.

Clause 273 agreed to.

Lord McIntosh of Haringey moved Amendment No. 255G:


    After Clause 273, insert the following new clause--

Procedure on giving directions under section 273 and varying them otherwise than as requested

(" .--(1) A direction takes effect--
(a) immediately, if the notice given under subsection (3) states that that is the case;
(b) on such date as may be specified in the notice; or
(c) if no date is specified in the notice, when the matter to which it relates is no longer open to review.
(2) A direction may be expressed to take effect immediately (or on a specified date) only if the Authority, having regard to the ground on which it is exercising its power under section 273, considers that it is necessary for the direction to take effect immediately (or on that date).
(3) If the Authority proposes to give a direction under section 273, or gives such a direction with immediate effect, it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.
(4) The notice must--
(a) give details of the direction;
(b) inform the person to whom it is given of when the direction takes effect;
(c) state the Authority's reasons for giving the direction and for its determination as to when the direction takes effect;
(d) inform the person to whom it is given that he may make representations to the Authority within such period as may be specified in it (whether or not he has referred the matter to the Tribunal); and
(e) inform him of his right to refer the matter to the Tribunal.
(5) The Authority may extend the period allowed under the notice for making representations.
(6) If, having considered any representations made by a person to whom the notice was given, the Authority decides--
(a) to give the direction in the way proposed, or
(b) if it has been given, not to revoke the direction,
it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.
(7) If, having considered any representations made by a person to whom the notice was given, the Authority decides--
(a) not to give the direction in the way proposed,
(b) to give the direction in a way other than that proposed, or
(c) to revoke a direction which has effect,
it must give separate written notice to the operator and (if any) the trustee or depositary of the scheme concerned.
(8) A notice given under subsection (6) must inform the person to whom it is given of his right to refer the matter to the Tribunal.

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(9) A notice under subsection (7)(b) must comply with subsection (4).
(10) If a notice informs a person of his right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.
(11) This section applies to the variation of a direction on the Authority's own initiative as it applies to the giving of a direction.").

The noble Lord said: This amendment was spoken to with Clause 188 stand part. I beg to move.

On Question, amendment agreed to.

Clauses 274 and 275 negatived.

Clause 276 agreed to.

Clause 277 [Power to investigate]:

[Amendments Nos. 255H to 255K not moved.]

Clause 277 agreed to.

Clauses 278 and 279 agreed to.

6.45 p.m.

Clause 280 [Application by an investment exchange]:

On Question, Whether Clause 280 shall stand part of the Bill?


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