Medway Council Bill Hl

3.40 p.m.

The Chairman of Committees

My Lords, I beg to move that the Commons amendments be now considered.

Moved, That the Commons amendments be now considered.—(The Chairman of Committees.)

On Question, Motion agreed to.

COMMONS AMENDMENTS AND MOTION MOVED ON

CONSIDERATION OF COMMONS AMENDMENTS

[ The page and line refer to the Bill as first printed for the
Commons]

COMMONS AMENDMENTS

1 Clause 1, page 1, line 16, leave out 'This' and insert 'Part 2 (Dealers in second-hand goods). Part 3 (Occasional sales and squat trading) and Part 4 (Miscellaneous and general) of this'.

2 Page 1, line 17. leave out '(3)' and insert—

'1A APPOINTED DAY

(1)'

3 Page 1. line 17, leave out 'section' and insert 'Act'.

4 Page 2, line 3. leave out from 'in' to 'notice' in line 4 and insert 'at least two newspapers circulating in the borough and at least one national art and antiques trade periodical'.

5 Page 2, line 8, leave out 'three' and insert 'six'.

6 Page 2, line 12, after 'newspaper' insert 'or of any such art and antiques trade periodical'.

7 Clause 2, page 2, line 26, after 'event' insert 'held in the borough'.

8 Page 3, line 16, at end insert—

' "registration number" means the number which appears on a certificate of registration issued under subsection (2) of section 4 (Registration of dealers in second-hand goods) of this Act;'.

9 Clause 3, page 3, leave out line 34.

10 Page 3, lines 35 and 36, leave out 'intended or adapted for use on roads'.

11 Page 3, Line 40, leave out 'building' and insert 'structure'.

12 Page 3, line 40, at end insert—

' "vehicle" means a vehicle intended or adapted for use on the road.'.

13 Clause 4. page 4, line 12, after 'registration' insert 'on which there shall appear a registration number'.

14 Page 4, lane 13, leave out 'three' and insert 'four'.

15 Page 4, Lire 14, at end insert—

'(4) The council may not impose a charge for registration under this section.'.

16 Clause 5, page 4, line 20, leave out 'subsection (2)' and insert 'subsections (2) and (8)'.

17 Page 4, line 23, leave out 'his business' and insert 'the business in respect of which he is registered'.

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 17 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 17.—(The Chairman of Committees.)

On Question, Motion agreed to.

COMMONS AMENDMENT

18 Clause 5, page 4, line 23, leave out from 'business' to 'enter' in line 24.

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 18.

Moved, That the House do agree with the Commons in their Amendment No. 18.—(The Chairman of Committees.)

18A

moved, as an amendment to the Motion that the House do agree with the Commons in their amendment, leave out "agree" and insert "disagree".

The noble and learned Lord said: My Lords, I rise to move Amendment No. 18A, that the House do agree with the Commons in their Amendment No. 18. Perhaps I may detain the House for no more than one minute to explain the purpose of the amendment. In their consideration of the parallel Kent County Council Bill the Commons disagreed to the proposed amendment which corresponded to Amendment No.18 in the Medway Council Bill. It was common ground that, so far as practicable, there should be no disparity between the provisions of these two Bills which, inter alia, regulate certain activities of dealers in secondhand goods.

By inadvertence, however, when the Commons thereafter considered the Medway Council Bill Amendment No. 18 was agreed to. It is to remove the unintended disparity between the two Bills resulting from Amendment No. 18 that Amendment No. 18A is required. I beg to move.

Moved, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 18, to leave out "agree" and insert "disagree".—(Lord Mayhew of Twysden.)

My Lords, I am glad that the noble and learned Lord, Lord Mayhew, moves his amendment because it puts right an error. The only reason I moved the original amendment was to allow the noble and learned Lord to move his. I hope that the House agrees with his amendment.

On Question, amendment agreed to.

On Question, Motion, as amended, agreed to.

COMMONS AMENDMENTS

19 Clause 5, page 4, line 25, leave out 'for the purpose of this section'.

20 Page 4, line 27, after `sufficient' insert 'where reasonably possible'.

21 Page 4, line 28, after '(c)' insert—

'either—

(i)'

22 Page 4, line 29, at end insert—

'(ii) the person's registration number if he is registered under the said section 4 or is registered by the county council under any enactment as a second-hand dealer in respect of his business as such; or

(iii) some other entry, of a type approved by resolution of the council, with the approval of the Secretary of State, by means of which that person may be identified;'.

23 Page 4, line 31, leave out 'registration' and insert 'registered'.

24 Page 4, line 35, leave out 'registration' and insert 'registered'.

25 Page 4, leave out lines 39 to 45 and insert—

'(2) Subject to subsection (3) below, subsection (1) above shall not apply in respect of any transaction in respect of which a person acquires an interest in, or takes charge of any second-hand article (or set of such articles) which will, in his reasonable opinion at the time of the transaction—

(a) be disposed of by him for no value; or

(b) be sold or offered for sale by him for a price (which in the case of a set of articles means the total price of the articles, whether sold individually or as a set) less than the relevant amount.

(3) Subsection (2) above shall not apply in relation to any electrically or battery powered goods or to any medium on or by which sound, images or other data are or may be stored or recorded and which is intended for use with any such goods.

(4) For the purposes of subsection (2) above "the relevant amount" is—

(a) £10 in the case of vehicle parts, jewellery, watches, photographic equipment, sports equipment, equestrian equipment, boating equipment, musical instruments, tools, bicycles, optical equipment, firearms and gardening equipment; and

(b) £50 in the case of all other articles to which that subsection applies;

or in either case, such other amount (being no lower than the existing amount) as the council may, with the approval of the Secretary of State, determine.'.

26 Page 5, line 1, leave out 'Where' and insert `Subject to subsection (8) below, where'.

27 Page 5, leave out from beginning of line 3 to 'he' in line 4 and insert 'the relevant amount'.

28 Page 5, line 7, leave out 'or' and insert—

`(b) the person's registration number if he is registered under the said section 4 or is registered by the county council under any enactment as a second-hand dealer in respect of his business as such; or'.

29 Page 5, line 8, after 'council' insert with the approval of the Secretary of State'.

30 Page 5, leave out lines 10 to 16 and insert—

'(6) For the purposes of subsection (5) above "the relevant amount" is—

(a) £100 in the case of electrically or battery powered goods, vehicles and vehicle parts, plant, jewellery, watches, photographic equipment, sports equipment, equestrian equipment, building materials, boats and boating equipment, musical instruments and gardening equipment; and

(b) £500 in the case of all other articles;

or in either case, such other amount (being no lower than the existing amount) as the council may, with the approval of the Secretary of State, determine.

(7) In the case of transactions under which a dealer in secondhand goods acquires an interest in, or takes charge of or sells articles at an auction the entry of the name and address of the auctioneer in the record referred to in subsection (1) shall suffice for the purposes of subsection (1)(c)(i) or, as the case may be, subsection (5)(a) above.

(8) Subsections (1) and (5) above shall apply to transactions which take place outside the borough only if—

(a) the person acquiring an interest in, taking charge of or selling the articles in question occupies premises registered under the said section 4; or

(b) the usual place of residence of the person acquiring an interest in, taking charge of or selling the articles in question is within the borough (except if that person carries on his business as a dealer in second-hand goods primarily in premises occupied by him and situated outside the borough).'.

31 Page 5, leave out from beginning of line 17 to 'shall' in line 18 and insert 'Every entry made in every record kept by a person in pursuance of this section'.

32 Page 5, line 20, leave out 'last'.

33 Page 5, line 21, leave out 'this section' and insert 'the said section 4'.

34 Clause 6, page 5, lines 26 and 27, leave out 'subsections (1), (3), (5) or (6)' and insert 'subsection (1), (5), (9) or (10)'.

35 Page 5, line 36, after 'stall' insert 'which is situated in the borough and is'.

36 Page 5, leave out lines 41 to 46.

37 Page 6, line 3, leave out `a false name or false address' and insert—

'(a) (in the case of subsections (1)(c) (i) and (5)(a) of the said section 5) a false name or false address; or

(b) (in the case of sub-paragraphs (ii) and (iii) of subsection (1) (c) and paragraphs (b) and (c) of subsection (5) of the said section 5) false information where that information is required to enable an entry under any of those paragraphs to be made,'.

38 Clause 7, page 6, line 22, at end insert—

`(e) a person engaged in business as a dealer in second-hand books, in respect of his business as such; or

(6) a person engaged in business as a dealer in animals, in respect of his business as such; or.

39 Page 6, line 33, leave out 'section' and insert 'Part of this Act'.

40 Clause 8, page 6, line 38, leave out 'date this Act comes into force' and insert 'appointed day'.

41 Page 6, line 39, after 'premises' insert 'in the borough'.

42 Page 6, line 41, leave out 'date' and insert 'day'.

43 Clause 9, page 7, line 4, leave out 'section' and insert 'Part of this Act'.

44 Clause 10, page 7, leave out lines 16 to 18.

45 Page 8, line 1, leave out 'has been, is being or'.

46 Page 8, line 2, leave out 'has been or'.

47 Page 8, lines 4 and 5, leave out 'the holding of the sale or the carrying out of the trading or'.

48 Page 8, line 6, leave out 'carrying out of' and insert 'carry out'.

49 Page 8, leave out from 'above' in line 11 to end of line 14 and insert—

'(4) Any person on whom a notice given under subsection (3) above is served shall supply to the council the information required by subsection (2) above within 7 days after the service of the notice, whether or not the occasional sale or squat trading commences before the expiry of that period.

(5) If the council has reason to believe that an occasional sale has been or is being held or that squat trading has been commenced in the borough but that no notice thereof has been given under subsection (1) above by the relevant person, they may as soon as reasonably practicable after the holding of the sale or the carrying out of the trading has come to their knowledge, serve on—

(a) the person who appears to be the relevant person; or

(b) the occupier of any premises on or in which it appears that such sale is being or was held;

a notice requiring that person to give to the council the information mentioned in subsection (6) below.

(6) The information required by subsection (5) above is—

(a) the date and time of commencement and location of the occasional sale or squat trading;

(b) the duration or (in the case where an occasional sale is being held or the squat trading is being carried out) expected duration of the occasional sale or squat trading;

(c) whether the occasional sale or squat trading is to be held on other days and if so. what days. and the time of commencement and expected duration on those days;

(d) the extent of the premises occupied or used for the purposes of the occasional sale or squat trading;

(e) the nature of the goods provided at the occasional sale or during the squat trading;

(f) the name and address (other than an address temporarily occupied for the purposes of the occasional sale) of every person who is holding or held or is promoting or promoted the occasional sale or is carrying out or carried out the squat trading, and the name and address of a person (if any) appointed to receive and answer complaints about the sale or trading; and

(g) in the case of an occasional sale, an estimate of the number of persons attending, or who attended the sale.

(7) The information required by subsection (5) above shall be supplied by the person on whom the notice is served within 7 days after the service of the notice, except in the case where the sale is being held or the trading is being carried out in which case the information should he supplied forthwith.'.

50 Page 8, line 15, leave out 'subsection (3)' and insert 'subsections (3), (4) and (5)'.

51 Clause 11, page 8, leave out lines 38 to 41.

52 Page 8, line 42, leave out 'Any' and insert 'Every entry made in every'.

53 Page 8, leave out from 'be' in line 42 to 'retained' in line 43.

54 Page 8, lane 45, leave out 'last'.

55 Page 9, line 3, at end insert—

'(4) In this section -seller" and "supplier" mean respectively a seller or supplier with whom the person who holds the sale has made arrangements (whether or not on payment of a charge or fee) for the right to sell or supply goods at the sale, whether or not from a stall or pitch.'.

56 Clause 12, page 9, line 8, leave out the first 'business address' and insert 'his business address or business telephone number'.

57 Page 9, line 8, leave out the second 'business address' and insert 'the business address or business telephone number'.

58 Page 9, line 14, leave out the second 'the' and insert 'his'.

59 Page 9, line 14, leave out 'business address' and insert 'his business address or business telephone number'.

60 Page 9, line 14, leave out from 'address' to end of line 17.

61 Clause 13, page 9, line 30, leave out 'registration' and insert 'registered'.

62 Page 9, line 30, after 'number' insert 'or false information relating to any certificate of registration,'.

63 Clause 14, page 10, line 9, after 'premises' insert 'situated in the borough and'.

64 Page 10, line 15, after 'premises' insert 'situated in the borough'.

65 Page 10, line 23, after 'premises' insert 'situated in the borough'.

66 Page 10, line 24, after `(3)' insert 'or (5)'.

67 Page 10, line 26, after 'premises' insert 'situated in the borough'.

68 Page 10, line 28, after `sales)' insert 'of this Act'.

69 Page 10. leave out lines 29 to 32 and insert—

'(2) The powers of—

(a) paragraphs (a) and (e) of subsection (1) above in respect of premises used as a private dwelling-house; and

(b) paragraphs (b) and (c) of subsection (1) above in respect of any premises to which those paragraphs apply;

may be exercised only on the grant of a warrant by a justice of the peace.

(3) A justice may grant a warrant under subsection (2) above only if he is satisfied either—

(a) that notice of intention to apply for a warrant has been given to the occupier of the premises; or

(b) that the case is one of urgency, or the occupier is temporarily absent, or that the giving of a notice of intention to apply for a warrant would defeat the object of the entry.

(4) A warrant under this section shall authorise entry, if need he. by force but shall cease to have effect at the end of the period of 7 days beginning with the day on which it is granted.'.

70 Clause, 15, page 10, line 47, leave out 'or by virtue of subsection (1)(b) above'.

71 Clause 16, page 11, line 8, leave out the first 'all'.

72 Page 11, line 8, leave out the second 'all'.

73 Page 11, leave out lines 10 to 14.

74 Clause 18, page 11, line 35, at the end of Clause 18 insert the following New Clauses—

18A REPORTS

(1) Not more than 3 years after the appointed day the council shall submit to the Secretary of State a report on the working of the provisions of this Act; and the Secretary of State shall lay any such report before Parliament.

(2) The council shall submit further such reports, at such intervals, as the Secretary of State may require; and the Secretary of State shall lay any such report before Parliament.

(3) In this section "the appointed day" means. in the case where different days are fixed for the purpose of different provisions of the Act, the earliest appointed day.

18B RESOLUTIONS

Where the council pass any resolution under this Act (other than a resolution bringing into effect section 4 (Registration of dealers in second-hand goods) of this Act, they shall, no later than 28 days before the resolution comes into effect, serve notice of the passing of the resolution on every person registered under the said section 4.

18C SERVICE OF NOTICES, ETC.

Any notice or other document required or authorised to be served or given in writing under this Act may be served or given either—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b) by leaving it at the usual or last known place of abode or business of that person, or, in a case where an address for service has been given by that person, at that address; or

(c) by sending it by ordinary post addressed to that person at his usual or last known place of abode or business, or, in a case where an address for service has been given by that person, at that address; or

(d) in the case of a company or body incorporated in England or Wales, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it by ordinary post addressed to the secretary or clerk of the company or body at that office.'.

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 19 to 74 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 19 to 74.—(The Chairman of Committees.)

On Question, Motion agreed to.

Volume 624: debated on Thursday 29 March 2001