House of Lords - Explanatory Note
Culture And Recreation Bill [H.L.] - continued          House of Lords

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Clause 36: termination of duty to keep register of films

110. Clause 36 terminates the duty of the Secretary of State to maintain a register of British and other films. The requirement to maintain a register of British films was imposed by the Films Act 1960 and was continued as set out in section 7(3) of the Films Act 1985. Until 1985, the Register of Films was kept up-to-date, recording whether a film was British or foreign, and included details of films for purposes of identification. The Register was used for quota purposes in relation to the exhibition of films, and may be inspected by any person.

111. The Register dates from a period when quotas existed with respect to the numbers of British films to be exhibited in cinemas. Such quotas in relation to the exhibition of films have since been abolished in the UK. Nevertheless, quotas continue in certain countries abroad, and therefore persons dealing with the export of films to such countries from time to time enquire as to the nationality recorded in the Register in respect of specific films.

Libraries, museums and galleries

Clause 37: Library Advisory Council for England: abolition

112. Clause 37 provides for the abolition of the Library Advisory Council for England (otherwise known as the Advisory Council on Libraries or "ACL"). The ACL is charged, under section 2 of the Public Libraries and Museums Act 1964, with providing the Secretary of State with advice on public library matters in England in order to help him exercise his statutory duties under the Act. The 1998 Comprehensive Spending Review concluded that the functions of the ACL and those of the Library and Information Commission (replaced by Resource on 31st March 2000 and expected to be wound up as a company in December 2000) should be combined, thus providing for a single source of advice on libraries in England.

113. This provision will be brought into effect at the Secretary of State's discretion. The current intention is that commencement should coincide with the establishment of Resource as a statutory corporation under clauses 33 and 34. It is proposed that the order which establishes Resource on a statutory basis should give the new body the responsibility for advising on public library matters.

114. The National Assembly for Wales wishes to retain the Library and Information Services Council (Wales) at present.

Clause 38: Governing bodies of certain museums and galleries

115. Clause 38 introduces Schedule 5, which amends enactments to enable the Secretary of State, following prior consultation with the relevant governing body, to make or vary existing provisions in relation to appointments to governing bodies of the following national museums and galleries:

  • the Imperial War Museum;

  • the National Maritime Museum;

  • the British Museum;

  • the Natural History Museum;

  • the Museum of London;

  • the Victoria and Albert Museum;

  • the Science Museum;

  • the Armouries (often known as the "Royal Armouries");

  • the National Gallery;

  • the Tate Gallery;

  • the National Portrait Gallery; and

  • the Wallace Collection.

116. Subject to consultation with the relevant governing body and subject to specific provisions relating to each museum the Secretary of State could, for example:

  • where members are currently appointed by the Prime Minister, give himself the power to appoint in place of the Prime Minister;

  • vary the number of members, place upper or lower limits on the number of members, or vary any upper or lower limits on the number of members;

  • allow the governing body or members to appoint a specified portion of their members;

  • allow the governing body to elect their chairman following consultation with the Secretary of State or the Prime Minister;

  • provide for transitional arrangements.

117. The Secretary of State's powers are exercisable by statutory instrument which is subject to annulment by resolution of either House.

118. Schedule 5 also protects the rights of various other people to appoint and to nominate for appointment individual members to various institutions, namely:

  • the right of Her Majesty to appoint at least one person to the British Museum;

  • the rights of the Presidents of the Royal Society, the Royal Academy, the British Academy and the Society of Antiquaries of London each to nominate to the Secretary of State at least one person for appointment to the British Museum;

  • the right of the President of the Royal Society to nominate at least one person to the Natural History Museum;

  • the right of Her Majesty to appoint at least one person to the Royal Armouries; and

  • the right of the governing bodies of the National Gallery and the Tate Gallery each to nominate at least one member to the other.

119. Schedule 5 also includes provision for the holder of the office of Constable of the Tower of London to be one of the members of the Royal Armouries.

The British Library

Clause 39: Power of the Board to form companies

120. The British Library, unlike a number of national museums and galleries, does not presently have the ability to form trading companies. Clause 39 will enable the British Library Board to exploit the potential of the Library's collections and generate additional resources. It inserts, into the British Library Act 1972, a new section 4A which authorises the Board to form or take part in forming one or more companies, with the permission of the Secretary of State.

121. Subsection (1) of the new section 4A provides that the companies that may be formed may only have a limited range of objects. These permitted objects are any of the objects listed in subsection (2) of the new section and any other object incidental or conducive to the Board's functions.

122. Subject to any conditions imposed by the Secretary of State at the time the company is formed, subsection (4) of the new section 4A allows the British Library Board to hold interests in any of the new companies, exercise rights conferred by the holding of such interests, and provide assistance, including financial assistance, to the companies.

Clause 40: No further nomination to the Board by the British Museum

123. Clause 40 reflects the agreement between the British Library and the British Museum that the Trustees of the British Museum shall no longer nominate a part-time member of the British Library Board, following the departure of the British Library to its new premises.

Osborne Estate

Clause 41: Osborne Estate

124. Prior to 1902 the Osborne Estate formed part of the private property of Queen Victoria and, like Balmoral and Sandringham, it passed to Edward VII on her death in 1901. The Osborne Estate Act 1902 vested the Osborne Estate in right of the Crown. This meant that the Estate became public property and like the Royal Parks, or Trafalgar Square it has since been managed for the public benefit.

125. Section 1(3) of the 1902 Act committed that part of the Osborne Estate which comprised Osborne House and its adjacent grounds to the management of the Commissioners of His Majesty's Works and Public Buildings (now the Secretary of State for Culture, Media and Sport) as if it had been committed to their management under section 22 of the Crown Lands Act 1851. Section 22 of the 1851 Act charges the Secretary of State to perform and exercise the duties and powers of management and all other duties and powers, previously exercised by Her Majesty's Commissioners of Woods, Forests, Land Revenues, Works and Buildings.

126. Section 1(4) of the 1902 Act provides that, as a memorial to Queen Victoria, the Secretary of State should:

a) open to the public that part of Osborne House which was in the personal occupation of the late Queen;

b) use the remainder of the House and grounds for the benefit of the officers of the naval and military forces, their wives, widows or family.

127. The Osborne Estate Act 1914 provides a power, by Order in Council, to extend the groups of people who may benefit from the use of Osborne House under section 1(4)(b) of the 1902 Act.

128. The duty to give public access to the royal apartments is carried out on behalf of the Secretary of State by English Heritage under a direction made pursuant to section 34 of the National Heritage Act 1983.

129. Over the years several Orders in Council have been made to extend the group of people who may benefit from the provisions contained at section 1(4)(b) of the 1902 Act. The persons who can now benefit include serving or retired officers in the armed forces, their spouses, widows or widowers and other members of their families, other serving or retired members of the armed forces and serving or retired members of the civil service. Until 31 October 2000, the Secretary of State offered the accommodation as a convalescent and retirement home. In recent years the Secretary of State's responsibilities for running the home at Osborne House have been carried out on his behalf by the Civil Service Benevolent Fund. However, the Fund has, as a matter of policy, taken the decision to withdraw from the provision of nursing home care. Consequently, the Fund gave notice of its intention to withdraw from the contract to manage the home on the Secretary of State's behalf. The contract ended on 31 October 2000. Since then no residents have been admitted, in order to allow English Heritage to undertake structural repairs to the House.

130. Clause 41 repeals section 1(4)(b) of the 1902 Act and the whole of the 1914 Act (along with the Orders in Council made under it). The effect is to end the Secretary of State's obligation to use parts of Osborne House and grounds for the benefit of members of the armed forces and the civil service. The Secretary of State will be able, therefore, to find a new use for those parts of Osborne House and grounds for wider groups of persons and a wider range of purposes than is currently allowed under the 1902 Act. The Secretary of State will continue to be responsible for the management of the whole of those areas he currently manages. There will be no change in the current arrangements whereby parts of Osborne House and grounds are open to the public and it is expected that some additional rooms and gardens will become available for the public enjoyment as a result of the repeal of section 1(4)(b) of the 1902 Act and the whole of the 1914 Act.

131. Clause 41 comes into force two months after Royal Assent and extends to England and Wales, Scotland and Northern Ireland: see clause 52(2)(b), (5), (6) and (8)(b).

Public Statues in Greater London

Clause 42: Removal of requirement for written assent

132. Section 5 of the Public Statues (Metropolis) Act 1854 requires written assent to be obtained from the Secretary of State for Culture, Media and Sport to erect a public statue in a public place in Greater London. This is in addition to the usual consents required under the planning legislation. Clause 42 repeals section 5, removing the requirement for the Secretary of State's assent and thus the added burden that the requirement places on promoters of new statues in London.

Tourist Boards

Clause 43: British Tourist Authority: extra member to be appointed by Mayor

133. Clause 43 amends section 1(2) of the Development of Tourism Act 1969 to provide for an additional member of the board of the British Tourist Authority (BTA) to be appointed by the Mayor of London. At present the BTA board consists of a chairman and not more than five other members plus the chairmen of the English Tourism Council, the Scottish Tourist Board and the Wales Tourist Board. Representation of London on the BTA board implements proposals made in the Government's tourism strategy, Tomorrow's Tourism, in view of London's important contribution to the UK tourism industry.

Clause 44: English Tourist Board: new name

134. Clause 44 modifies section 1(1) of the 1969 Act so as to change the name of the English Tourist Board (ETB) to the English Tourism Council (ETC). Following the 1998 Comprehensive Spending Review, the ETB has since July 1999 been using the name ETC informally, but not, of course, for contracts or other purposes where the legal name has to be used.

135. The ETC has also been given more strategic functions than those which it formerly had. Its more closely defined remit now covers the implementation of Tomorrow's Tourism, including the development of research, the promotion of quality, the dissemination of best practice and sustainable tourism. Its other former functions (and associated Government funding), especially those relating to the delivery of services, have been devolved to regional tourist boards. Schedule 6 makes amendments which are consequential on the renaming of the English Tourist Board.

Clause 45: Power to vary maximum number of members of certain bodies

136. Clause 45 amends section 1 of the Development of Tourism Act 1969 to enable the Secretary of State to vary by order the maximum number of members of the ETC and to confer a similar power on the National Assembly for Wales in respect of the Wales Tourist Board. Under section 1, both Boards currently comprise a chairman and not more than six members, but this order-making power will provide flexibility for each to increase (or decrease) the maximum number of members as and when the need arises.

The Superannuation Act 1972

Clause 46: Extension to certain offices and employments

137. Clause 46 enables the employees, ex-employees and pensioners of Sir John Soane's Museum, the Historic Buildings and Monuments Commission for England, the British Library Board and the Registrar of Public Lending Right, Culture Online and the Sports Ground Safety Authority, together with the Registrar of Public Lending Right himself and ex-employees and pensioners of the National Heritage Memorial Fund to be transferred into the Principal Civil Service Pension Scheme. Employees of the National Heritage Memorial Fund have already been transferred with effect from 1 April 1999.

Clause 47: Delegation of functions

138. Clause 47(1) enables the Minister for the Civil Service to delegate to any person the function of administering pension schemes under section 1 of the Superannuation Act 1972 (for example, the Principal Civil Service Pension Scheme), so far as relating to persons who come into such a scheme as a result of clause 46.

139. Subsection (2) permits sub-delegation, by allowing the delegate to authorise the exercise of the delegated function by any other person.

Commencement and extent

140. Clauses 29 to 36 and 38 to 45, together with Schedules 3 to 6 come into force two months after Royal Assent. Clauses 37, 46 and 47 will be brought into force by commencement order.

141. Subject to the fact that provisions that amend enactments have the same extent as the enactments to which they relate, clauses 29 and 37(1) extend to England and Wales only, clauses 30, 32 to 34, 40(2), 41(3) to (5), 46 and 47 extend to Scotland and Northern Ireland in addition to England and Wales, clause 44(1) extends to Scotland in addition to England and Wales and clause 31 extends to Northern Ireland in addition to England and Wales: see clause 52(2)(b) and (c), (3), (5), (6), (7)(b), (8)(b), (9) and (10).

Part VI: Supplementary Provisions

Clause 48: Orders

142. Clause 48 covers the making of orders under the Bill. Orders must be made as statutory instruments and can include different provision for different cases, as well as incidental, consequential, supplemental or transitional provision or savings (subsections (1) and (2)). Subsection (1)(b) allows for such provision to amend primary legislation.

143. If a statutory instrument contains an order under clause 7(2) (order providing for safety authority to keep under review local authorities' discharge of their functions) or clause 33(2) or (5) (orders providing for incorporation of new statutory corporations or making further provision in relation to such corporations) it is to be subject to the affirmative resolution procedure (subsection (3)). Other specified orders are subject to the negative procedure (subsection (4)).

Clause 50: Repeals

144. Clause 50 and Parts I to VII of Schedule 7 provide for the repeal of certain enactments in consequence of the provision made by the Bill. This clause and Part VIII of Schedule 7 repeal a provision relating to the Museums and Galleries Commission which is now spent because that Commission no longer exists.

Clause 52: Short title, commencement and extent

145. In addition to giving the short title of the Bill, clause 52 deals with commencement and extent and its effect has been dealt with in the notes on the individual provisions of the Bill.


146. The effects of Schedules 1 to 7 have been dealt with in the notes on the individual provisions of the Bill. Schedule 1 is dealt with in the notes to clause 1; Schedule 2 in the notes to clause 25; Schedule 3 in the notes to clause 33; Schedule 4 in the notes to clause 35; Schedule 5 in the notes to clause 38; Schedule 6 in the notes to clause 44; and Schedule 7 in the notes to clause 50.


147. With the exception of the provisions relating to Culture Online, the Bill will not entail any net additional public expenditure.

148. It is anticipated that significant public investment will be required for Culture Online over the period 2001-2004 and funds have provisionally been set aside in the Capital Modernisation Fund, subject to the provision of a full business case.


149. With the exception of Culture Online, the Bill will not entail any changes to public service manpower.

150. Culture Online will need to recruit staff. It is not possible to set a precise figure prior to the business case referred to above which will determine the means by which Culture Online will provide materials and services and the extent to which they will be provided through other bodies or persons.


151. The Regulatory Impact Assessment sets out the effects of the conversion of the FLA into the Safety Authority. Its main impact is to remove the requirement on FA Premier and Football League clubs to reapply for a safety licence on an annual basis, saving each club some £200 per annum (some £18,400 in total). It will also free some FLA resources which can be redirected into other sports.

152. There will be an additional burden on those seeking advice, for which the new body will charge. However charges are expected to apply only to the provision of specific and detailed advice on major projects. This service is not compulsory and advice is likely to cost between £500 and £3,000 depending on the nature and level of advice. The proposed reserve power in clause 7(2) would also add a burden but that power will only be used in cases of catastrophic safety failures. The business sectors likely to be affected by the changes are individual sports ground managements, individual sports clubs which own or use sports grounds, sports governing bodies and local authorities.

153. The Regulatory Impact Assessment also covers the loss of business to the existing commercial auditors of the Film Council, the Commission for Architecture and the Built Environment and Resource.

154. A copy of the Regulatory Impact Assessment can be obtained from Trevor Dawes, Department for Culture, Media and Sport, 2-4 Cockspur Street, London, SW1Y 5DH, or by e-mail ([email protected]).


155. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before Second Reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Lord McIntosh of Haringey has made the following statement:

    In my view the provisions of the Culture and Recreation Bill [H.L.] are compatible with the Convention rights.
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Prepared: 15 December 2000