§ Mr. Butcher
I beg to move amendment No. 104, in page 11, line 33, leave out 'limiting' and insert 'qualifying'.
§ Mr. Deputy Speaker
With this, it will be convenient to take Government amendments Nos. 105 and 106.
§ Mr. Butcher
Amendment 104 is a drafting amendment. Clause 9(3) provides that where a person is 217 licensed to operate the telecommunications code, the licence shall have effect with such exceptions and subject to such conditions as may be specified for the purpose of limiting the rights exercisable by that person by virtue of the code. The amendment replaces the word "limiting" with "qualifying", which it is felt is a more appropriate word in this context.
The provision inserted by amendment No. 105 enables the Secretary of State to require a public telecommunications operator authorised to operate the telecommunications code to place a bond with a person nominated by the Secretary of State. In the event of the liquidation of such an operator, the financial resources required, for instance, to remove apparatus abandoned by the operator or to reinstate a road surface dug up by the operator would then be available.
Amendment No. 106 merely replaces the tail end of clause 9(3), which is deleted by amendment No. 105, in a new subsection of clause 9.
§ Amendment agreed to.
Amendments made: No. 105, in page 11, line 34, leave out from 'code' to end of line 37 and insert—
'(3A) Without prejudice to the generality of subsection (3) above, the conditions there mentioned may include such conditions as appear to the Secretary of State to be expedient for the purpose of securing that funds are available for meeting such liabilities of the person to whom the code is applied as may arise from the exercise by that person of rights conferred by or in accordance with the code.
(3B) The Secretary of State may assign to the Director, for the purposes of any condition falling within subsection (3A) above, such functions as he thinks fit; and, any such condition may impose on the person to whom the telecommunications code is applied a requirement from time to time to make or to vary financial arrangements in accordance with directions given by a person and in a manner specified in the condition.'.
No. 106, in page 12, line 42, at end insert—
'(7A) In exercising the powers conferred on him by virtue of this section, the Secretary of State shall have regard to the need to protect the environment.'.—[Mr. Butcher.]