Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007. The noble Baroness said: The orders before us are made under Section 104 of the Scotland Act, which allows for necessary or expedient changes in consequence of an Act of the Scottish Parliament. When Section 104 orders amend primary legislation, the Scotland Act requires them to be subject to affirmative resolution in both Houses. The first order is the Tourist Boards (Consequential Modifications) Order. This is made in consequence of the Tourist Boards (Scotland) Act 2006—an Act of the Scottish Parliament which received Royal Assent on 30 November 2006. The purpose of the 2006 Act was to put the new VisitScotland integrated network on a proper legal footing. The Scottish Tourist Board is already operating under the banner of VisitScotland, but it is the 2006 Act, which comes into force on 1 April, that will officially change the name of the organisation. This is why it is necessary to take forward this order now. This order amends primary legislation by removing references to the ““Scottish Tourist Board”” substituting with ““VisitScotland”” in the following pieces of legislation: House of Commons Disqualification Act 1975; Race Relations Act 1976; Tourism (Overseas Promotion) (Scotland) Act 1984; Greater London Authority Act 1999; and Financial Services and Markets Act 2000 (Exemption) Order 2001. The order will also amend the Development of Tourism Act 1969 by replacing references to the ““Scottish Tourist Board”” with references to ““VisitScotland””. The 1969 Act also contains references to the board of the Scottish Tourist Board and its maximum size. The order will amend these references to reflect the changes made under the 2006 Act of the Scottish Parliament. The 2006 Act removed the statutory requirement that there be area tourist boards and changed the legal name from the Scottish Tourist Board to VisitScotland. The maximum size of the VisitScotland board was increased from six to 11 to take account of the wider role of the new organisation in promoting tourism in Scotland. The order before us will amend the UK statute book to reflect those changes. I now turn to the second order, which is made in consequence of the Police, Public Order and Criminal Justice (Scotland) Act 2006—an Act of the Scottish Parliament which received Royal Assent on 4 July 2006. The 2006 Act introduced three new police organisations in Scotland: the Scottish Police Services Authority (SPSA), the Scottish Crime and Drug Enforcement Agency (SCDEA) and the Police Complaints Commissioner for Scotland. The 2006 Act allows for police constables from Scotland and UK-wide police forces to be seconded to the SPSA and the SCDEA. Constables may also be recruited directly to the SCDEA. The order makes a number of modifications to UK legislation so that police members of the SCDEA may continue to receive pensions and so that constables from elsewhere in the UK seconded to the SPSA or SCDEA may continue to belong to the Police Federation. The 2006 Act also establishes the commissioner, who will be responsible for overseeing the existing police complaints process in Scotland. The order allows UK-wide law enforcement agencies operating in Scotland to enter into agreements with the commissioner to extend the commissioner’s remit to oversee civil complaints made against those forces, for which there are currently no oversight arrangements. The order will also make provisions for UK bodies, such as the British Transport Police, which are regulated by reserved legislation, to disclose information to the SCDEA and the police complaints commissioner, without breaching any obligation of secrecy or other restrictions placed on the disclosure of information. The 2006 Act extends the investigatory powers under the Regulation of Investigatory Powers (Scotland) Act 2000 to the director general of the SCDEA and revokes the powers exercised by the director general of the predecessor organisation, the SDEA. The order mirrors the 2006 Act by extending investigatory powers to the director general under the equivalent Westminster legislation, the Regulation of Investigatory Powers Act 2000. That will ensure that the director general of the SCDEA has parity with police forces and other law enforcement agencies when dealing with cross-border matters. The order also amends the Prevention of Terrorism Act 2005 and the Serious Organised Crime and Police Act 2005 to replace references to the SDEA, with the SCDEA. The 2006 Act also provides for football banning orders in Scotland to counter football-related crime. The 2006 Act allows Scottish courts to impose football banning orders on individuals convicted of a football-related offence, instead of, or in addition to, any sentence handed down by the court. This order will give police and courts in England, Wales and Northern Ireland powers to enforce Scottish banning orders. Where a person is subject to a Scottish football banning order and breaches it in England, Wales or Northern Ireland they will commit an offence. This mitigates the need for multiple banning orders to be taken out in each of the jurisdictions against any one individual and provides for a robust UK-wide regime for tackling cross-Border football-related crime. I hope noble Lords will agree that these orders are a sensible use of the powers in the Scotland Act and that the practical result is to be welcomed. I commend them to the Committee. Moved, That the Grand Committee do report to the House that it has considered the Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007.—(Baroness Morgan of Drefelin.)