We have had a good run over the territory of definitions as we have progressed to this part of the Bill. Clause 12 sets out how certain terms used in the Bill are to be interpreted and makes provision for how the Bill will have effect in relation to the territorial sea adjacent to England and Wales.
Subsection (1) contains definitions that apply to Chapter 1, except for the definition of ““smoking””, which has already been given in Clause 1. Subsection (2) allows the appropriate national authority to amend by order the definition of ““premises”” in subsection (1) in relation to offshore installations. The reason for this is that we are using a definition contained in other regulations. Should these regulations change or be repealed, we may need to make a consequential change to the definition in this Bill, and through this provision, changes could be made more efficiently through secondary legislation, rather than amending primary legislation.
Subsections (3) and (4) provide that Chapter 1 has effect in relation to the territorial sea adjacent to England and Wales. As I indicated earlier, we have amended the Bill so that it will not cover vessels and hovercrafts which fall within the Merchant Shipping Act 1995. Provision for these craft will be made under subsection (5) of Clause 5. However, a reference to territorial waters is still needed to cover anything in territorial waters which is not covered by the Merchant Shipping Act, such as oil rigs.
I recognise that that is a complicated way of explaining and justifying Clause 12. I hope that, when he has had a chance to read Hansard, the noble Lord, Lord Naseby, will be more convinced than he was when he mentioned his concerns on whether the clause should stand part of the Bill.
Clause 12 agreed to.
[Amendment No. 49 not moved.]
Health Bill
Proceeding contribution from
Lord Warner
(Labour)
in the House of Lords on Monday, 15 May 2006.
It occurred during Debate on bills
and
Committee proceeding on Health Bill.
About this proceeding contribution
Reference
682 c18-9GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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