House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

37

House of Commons

Notices of Amendments

given on

Tuesday 26 June 2012

For other Amendment(s) see the following page(s):

Enterprise and Regulatory Reform Bill Committee 30-36

Public Bill Committee

Enterprise and Regulatory Reform Bill

Norman Lamb

21

Schedule  5,  page  79,  line  39,  leave out paragraph 32 and insert—

‘32(1)
Section 52 (advice and information) is amended as follows.

      (2)
In subsection (1), for the words from the beginning to “the Director” substitute

“The CMA”.

      (3)
In subsection (1A), for the words from the beginning to “the OFT” substitute

“The CMA”.

      (4)
In subsections (2) to (6) and (8), for “OFT” (in each place where it occurs)

substitute “CMA”.’.

Norman Lamb

22

Schedule  5,  page  81,  line  29,  at end insert—

‘
In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph

5(3)(a), for “Director” substitute “CMA”.’.

Norman Lamb

23

Schedule  5,  page  87,  leave out line 28.

Norman Lamb

24

Schedule  5,  page  89,  line  12,  at end insert—

‘( )
after “(6)” insert “—

(a)
”.’.

Notices of Amendments: 26 June 2012
38

Enterprise and Regulatory Reform Bill, continued

Norman Lamb

25

Schedule  5,  page  89,  line  13,  at end insert ‘, and

( )
at the end insert “; and

(b)
for the purposes of section 34C, the group constituted

in consequence of the reference under section 45 is to

be treated as if it were constituted in consequence of

a reference under section 22 or (as the case may be)

33.”’.

Norman Lamb

26

Schedule  12,  page  193,  line  15,  after ‘if’, insert ‘the CMA has accepted an

undertaking or group of undertakings under section 154 and’.

Norman Lamb

27

Schedule  12,  page  193,  line  33,  at end insert—

      ‘()
In subsection (1), after paragraph (a) insert—

“(aa)
any decision not to make a reference under section 131

following a consultation in relation to the matter concerned

under section 169;”’.

Norman Lamb

28

Schedule  12,  page  194,  line  3,  at end insert—

‘
In section 179 (review of decisions under Part 4), in subsection (2), before

paragraph (a) insert—

“(za)
does not include a decision whether to carry out functions

under section 5 in a case where the CMA is, or would have

been, required to publish a market study notice (see section

130A(1));”.’.

Norman Lamb

29

Schedule  11,  page  184,  line  42,  after ‘140A(2)’, insert ‘(b)’.

Norman Lamb

30

Schedule  11,  page  184,  line  46,  after ‘140A(2)’, insert ‘(b)’.

Norman Lamb

31

Clause  27,  page  21,  line  24,  after ‘where’, insert ‘—

(a)
’.

Norman Lamb

32

Clause  27,  page  21,  line  25,  at end insert ‘; or

(b)
the CMA has begun the process of consultation under section 169 in

respect of a decision of the kind mentioned in subsection (6)(a)(i) of that

section.’.

Notices of Amendments: 26 June 2012
39

Enterprise and Regulatory Reform Bill, continued

Norman Lamb

33

Clause  27,  page  21,  line  30,  after ‘permitted period’, insert ‘, in a case to which this

section applies by virtue of paragraph (a) of subsection (A1),’.

Norman Lamb

34

Clause  27,  page  21,  line  42,  after ‘period.’ insert—

‘(1B)
For the purposes of subsection (1), the permitted period, in a case to which this

section applies by virtue of paragraph (b) of subsection (A1), is the period

beginning with the date on which the CMA begins the process of consultation

concerned and ending with—

(a)
the acceptance by the CMA of an undertaking under section 154 instead

of the making of a reference under section 131 in relation to the matter

concerned;

(b)
the publication of notice of the fact that the CMA has otherwise decided

not to make such a reference in relation to the matter; or

(c)
the making of such a reference in relation to the matter.’.

Norman Lamb

35

Clause  27,  page  22,  line  28,  leave out ‘In subsection (1A)(a), the’ and insert ‘In this

section, a’.

Norman Lamb

36

Clause  27,  page  22,  line  33,  leave out ‘subsection (1A)(a)’ and insert ‘this section’.

Norman Lamb

37

Clause  27,  page  22,  line  44,  at end insert—

‘(1A)
This section also applies where—

(a)
the CMA has conducted a consultation under section 169 in respect of a

decision of the kind mentioned in subsection (6)(a)(i) of that section;

(b)
the CMA has decided that it should make an ordinary reference or a

cross-market reference in relation to the matter concerned under section

131; and

(c)
an intervention notice under section 139(1) is in force in relation to the

matter at the time when the CMA makes that decision.’.

Norman Lamb

38

Clause  27,  page  23,  leave out lines 3 to 6 and insert—

‘(b)
in a case falling within subsection (1), shall not publish the market study

report under section 131B(4) and shall instead, within the period

mentioned in section 131B(4), give the report to the Secretary of State;

and

(c)
in a case falling within subsection (1A), shall give to the Secretary of

State a document containing—

(i)
its decision and the reasons for its decision; and

(ii)
such information as the CMA considers appropriate for

facilitating a proper understanding of the reasons for its

decision.’.

Notices of Amendments: 26 June 2012
40

Enterprise and Regulatory Reform Bill, continued

Norman Lamb

39

Clause  27,  page  23,  line  13,  leave out ‘contained in the market study report

concerned’.

Norman Lamb

40

Clause  27,  page  23,  line  20,  leave out ‘section 131B’ and insert ‘this Part’.

Norman Lamb

41

Clause  27,  page  23,  line  23,  leave out ‘contained in the market study report’.

Norman Lamb

42

Clause  27,  page  23,  line  37,  leave out ‘market study report concerned contains the

decision of the CMA’ and insert ‘decision of the CMA was’.

Norman Lamb

43

Clause  27,  page  23,  line  40,  leave out ‘report contains the decision of the CMA’

and insert ‘decision of the CMA was’.

Norman Lamb

44

Clause  27,  page  23,  line  43,  at beginning insert ‘In a case falling within subsection

(1),’.

Norman Lamb

45

Clause  27,  page  23,  line  45,  at end insert—

‘( )
In a case falling within subsection (1A), the Secretary of State shall publish the

document given to the Secretary of State by the CMA under subsection (2)(c), at

the same time as the Secretary of State makes a reference under this section.’.

Norman Lamb

46

Schedule  10,  page  172,  line  8,  after ‘notice’, insert ‘or (as the case may be) the

consultation under section 169’.

Norman Lamb

47

Schedule  10,  page  172,  line  10,  after ‘notice’, insert ‘or (as the case may be) on

which the process of consultation began’.

Norman Lamb

48

Schedule  10,  page  172,  line  38,  after 140A(2)’ insert ‘(b)’.

Norman Lamb

49

Schedule  10,  page  172,  line  41,  at end insert—

‘(4BA)
Subsection (4C) also applies in a case where—

Notices of Amendments: 26 June 2012
41

Enterprise and Regulatory Reform Bill, continued

(a)
an intervention notice ceases to be in force in accordance with subsection

(4A); and

(b)
the CMA has, before the time at which the notice ceases to be in force—

(i)
decided that it should make an ordinary reference or a cross-

market reference under section 131 in relation to the matter

concerned; and

(ii)
given a document containing its decision, the reasons for it and

such information as the CMA considers appropriate for

facilitating a proper understanding of the reasons for its decision

to the Secretary of State in accordance with section 140A(2)(c).’.

Norman Lamb

50

Schedule  10,  page  172,  line  47,  leave out ‘section 131B’ and insert ‘this Part’.

Norman Lamb

51

Schedule  10,  page  178,  line  22,  leave out ‘section 131B’ and insert ‘this Part’.

Norman Lamb

52

Schedule  10,  page  179,  line  33,  leave out ‘section 131B’ and insert ‘this Part’.

Norman Lamb

53

Schedule  10,  page  179,  line  38,  leave out ‘section 131B’ and insert ‘this Part’.

Norman Lamb

54

Schedule  10,  page  181,  line  9,  at end insert—

      ‘()
In subsection (7), omit “or (2)(d)”.’.

Norman Lamb

55

Schedule  15,  page  203,  line  29,  leave out paragraph (a) and insert—

‘(a)
omit “to the Competition Commission” (in each place where it

occurs), and’.



© Parliamentary copyright	Revised 27 June 2012