The text on this page has been created from Hansard archive content, it may contain typographical errors.
Mr. Kenneth Clarke
I beg to move amendment No. 10, in page 6, line 4 at beginning insert
'Subject to section 9(1A),'.
Mr. Deputy Speaker
With this it will be convenient to take Government amendment No. 13.
Mr. Clarke
This amendment deals with a small point that was drawn to my attention by my right hon. Friend the Member for Bournemouth, West (Sir J. Eden) after representations that he had received from a constituent. This was an occasion when an hon. Member brought to the attention of Ministers a problem that the drafting of the Bill had presented. There was no answer to the point that my hon. Friend made and I undertook, therefore, to bring forward an amendment to meet the point.
As the Bill stands, a travel agent or tour organiser who organises a long-distance excursion or tour can provide that tour even though he himself does not have an operator's licence so long as he hires a vehicle and a driver from a licensed operator. However, because of the requirement in subsection (4) that a road service licence holder must also have an operator's licence, anyone running a service that requires a licence must also have an operator's licence. My hon. Friend found an example of a travel agent/small tour organiser who sometimes runs local tours within the 30-mile range by hiring a coach and a driver from a local operator who is licensed. However, because of the mistake of wording the travel agent would not have been able to obtain a road service licence unless she herself had an operator's licence. That would require her having to employ a competent transport manager and fulfilling the various other requirements of the Bill. That was not an intended consequence of the Bill. There is no policy reason for it. These amendments seek to change that and enable short-distance excursions and tours to be operated without the requirement to hold an operator's licence so long as the vehicle and the driver are provided by a licensed operator, so that public safety is satisfied. I therefore ask the House to approve the amendment.Amendment agreed to.