HOUSE OF LORDS
MINUTES OF PROCEEDINGS
Wednesday 3rd November 2004
The House met at half-past two o’clock.
PRAYERS were read by the Lord Bishop of Rochester.
1. Leave of Absence—Leave of absence was granted to the Lord Chancellor for Friday 5th November.
Judicial Business
2. Appeal Committee—The 114th Report from the Appeal Committee was agreed to and the following Order was made—
Boardman (Applicant) v. Copeland Borough Council (Respondent)—That permission to appeal be refused because the application is inadmissible.
3. Appeal Committee—The 115th Report from the Appeal Committee was agreed to and the following Order was made—
United Utilities plc (Petitioners) v. Her Majesty’s Commissioners of Customs and Excise (Respondents)—That leave to appeal be given solely for the purpose of referring the point at issue to the Court of Justice of the European Communities; that the petition of appeal be lodged by 17th November; that the following question be referred to the Court of Justice of the European Communities for a preliminary ruling under Article 234 of the Treaty establishing the European Community: “Does the exemption for betting laid down in Article 13B(f) of the EC Sixth Council Directive of 17th May 1977 (Directive 77/388/EEC) apply where a person (“the Agent”) provides services on behalf of another person (“the Principal”) of accepting bets from customers and communicating their acceptance by the Principal to customers where:- (a) the actions of the Agent perform a necessary step in creating the legal relationship of a bet between the Principal and its customer and thereby consummate the betting transaction; but (b) the Agent makes no decisions as to the setting of odds, the odds being set by the Principal or in some cases determined by third parties under the rules of the sport in question; and (c) the Agent decides whether or not to accept bets on behalf of the Principal in accordance with criteria laid down by the Principal so that the Agent has no discretion”; and that consideration of the appeal be adjourned after the petition of appeal has been lodged.
Papers
4. Affirmative Instrument—The following instrument was laid before the House for approval by resolution and ordered to lie on the Table:
Draft Institute of Trade Mark Attorneys Order 2004, laid under the Courts and Legal Services Act 1990, together with an Explanatory Memorandum.
5. Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1. Report and Accounts for 2003-04 of the Parole Board for England and Wales, laid under the Criminal Justice Act 1991;
2. Report for 2003-04 of the Youth Justice Board: “Building in Confidence”, laid under the Crime and Disorder Act 1998;
3. Accounts for 2003-04 of the General Chiropractic Council, laid under the Chiropractors Act 1994;
4. Report and Accounts for 2003 of the General Medical Council, laid under the Medical Act 1983;
5. Report and Accounts for 2003-04 of the General Osteopathic Council, laid under the Osteopaths Act 1993;
6. Report for 2003-04 of VisitBritain, laid under the Development of Tourism Act 1969.
Select Committee Reports
6. Constitution Committee—The following reports from the Select Committee were made and ordered to be printed:
15th Report, on Devolution: Its Effect on the Practice of Legislation at Westminster; (HL Paper 192)
16th Report, on the Meeting with the Lord Chancellor; (HL Paper 193)
17th Report, on the Annual Report 2003-04. (HL Paper 194)
7. House Committee—The 2nd Report from the Select Committee was made and ordered to be printed. (HL Paper 196)
Public Business
8. Housing Bill—The bill was read a third time; amendments were agreed to; amendments were disagreed to (see division lists 1 and 5); amendments were moved and (by leave of the House) withdrawn; amendments were agreed to (see division lists 2 to 4); then the bill was passed and returned to the Commons with amendments.
9. Human Tissue Bill—The bill was read a third time; amendments were agreed to; amendments were moved and (by leave of the House) withdrawn; then the bill was passed and returned to the Commons with amendments.
The House was adjourned at twenty-seven minutes past nine o’clock
till tomorrow, eleven o’clock.
PAUL HAYTER
Clerk of the Parliaments | 
