Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

I beg to move amendment No. 281, in clause 76, page 33, line 20, leave out

'which carries (whether solely or otherwise)'

and insert

'the occupier of which is required, by the terms of his appointment, to take or share'.

Clause 76 makes provision for the commission to include an operating licence condition in relation to persons who are required to hold personal licences. Government amendment No. 281 makes a small drafting change to subsection (5) to make it clearer which personnel hold management office and may therefore be required to hold a personal licence.

Amendment agreed to.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

I beg to move amendment No. 235A, in clause 76, page 33, line 45, at end add—

'(10) For the avoidance of doubt the provisions of this section shall be interpreted to be consistent with the provisions of Part 6 of this Act.'.

The amendment addresses an issue that was raised by the scrutiny Committee in its first report, published on 25 March this year. Its purpose is to be entirely helpful to the Government, because I genuinely believe that it would make the entire clause work much better. The amendment would ensure that the clause links with part 6 regarding personal licences. It would avoid any confusion that might arise if the two sections conflict on any issue, and thus would make the provisions work more effectively and allow the commission to use its powers without legal conflict.

I have no doubt that the Minister will have had a detailed legal briefing on the purpose of the amendment, so rather than going into greater detail, I shall look forward to his explanation of his understanding of it and his comments on it.

Mr Richard Caborn (Minister of State (Sport and Tourism), Department for Culture, Media & Sport; Sheffield Central, Labour)

I understand the hon. Gentleman's concern about making sure that the personal licence regime in part 6 is clearly tied to clause 76. With that in mind, I have tabled amendments to clauses 120 and 121 to make it clear that part 6 and clause 76 should be read together. Those are amendments Nos. 293 to 295, which come further on in our order of consideration.

I believe that clause 76 is clear enough as it stands, as it relates to what personal licence condition should be added to operating licences. Part 6 is clearly flagged as concerning the granting of those personal licences. With that in mind, I hope that the hon. Gentleman feels that he can withdraw the amendment.

Mr Don Foster (Shadow Secretary of State for Culture, Media & Sport, Culture, Media & Sport; Bath, Liberal Democrat)

The Minister is extremely helpful, as ever. Of course, when we come to the amendments that he mentioned, he will bear it in mind that he will have to make sure that clause 121 is tied in similarly. In light of the Minister's assurance that his later amendments will cover the same issues, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 76, as amended, ordered to stand part of the Bill.