House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 June 2012
50

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.”’.

Mr Iain Wright

Ian Murray

Chi Onwurah

88


Clause  21,  page  17,  line  38,  at end insert—

‘(13)
No member involved in the decision making process shall have taken any part in

the phase one investigation.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

61


Schedule  12,  page  188,  line  4,  at end insert—

‘(d)
the resources which will be assigned to the market study.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

62


Schedule  12,  page  188,  line  35,  leave out ‘6’ and insert ‘3’.

Mr Iain Wright

Ian Murray

Chi Onwurah

65


Schedule  12,  page  188,  line  35,  leave out ‘6’ and insert ‘12’.

Mr Iain Wright

Ian Murray

Chi Onwurah

63


Schedule  12,  page  189,  line  32,  leave out ‘6’ and insert ‘3’.

Public Bill Committee: 28 June 2012
51

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

66


Schedule  12,  page  189,  line  32,  leave out ‘6’ and insert ‘12’.

Mr Iain Wright

Ian Murray

Chi Onwurah

64


Schedule  12,  page  189,  line  41,  leave out ‘6’ and insert ‘3’.

Mr Iain Wright

Ian Murray

Chi Onwurah

67


Schedule  12,  page  189,  line  41,  leave out ‘6’ and insert ‘12’.

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));”.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

86


Schedule  11,  page  183,  line  18,   leave out subsection (5).

Norman Lamb

29


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

Public Bill Committee: 28 June 2012
52

Enterprise and Regulatory Reform Bill, continued

Norman Lamb

30


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

Mr Iain Wright

Ian Murray

Chi Onwurah

87


Schedule  11,  page  186,  line  12,   leave out from ‘exceeding’ to end of line 17 and

insert—


‘10 per cent. of the company’s revenues for the previous year, or £30,000

whichever is the higher;

(ba)
in the case of any amount calculated by reference to a daily rate, an

amount per day exceeding 10 per cent. of the company’s revenues for

the previous year, or £15,000 whichever is the higher; and

(cb)
in the case of a fixed amount and an amount calculated by reference to

a daily rate, a fixed amount exceeding £30,000 or 10 per cent. of the

company’s revenues for the previous year whichever is the higher,


and an amount per day exceeding £15,000 or 1 per cent. of the company’s

revenues for the previous year whichever is the higher, or’.

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.’.

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;

Public Bill Committee: 28 June 2012
53

Enterprise and Regulatory Reform Bill, continued

(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.’.

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’.

Public Bill Committee: 28 June 2012
54

Enterprise and Regulatory Reform Bill, continued

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—

(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).’.

Public Bill Committee: 28 June 2012
55

Enterprise and Regulatory Reform Bill, continued

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)”.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

57


Clause  29,  page  28,  line  11,  at end insert—

‘(c)
when subsection (2B) is applied, the relevant authority must publish a

cost benefit assessment for the measures applied.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

58


Clause  34,  page  32,  line  45,  at end insert—

‘(5A)
After sub-paragraph 2(4) insert—

“(5)
No member involved in the decision making process shall have taken any

part in the investigation.”.’.

Public Bill Committee: 28 June 2012
56

Enterprise and Regulatory Reform Bill, continued

Mr Iain Wright

Ian Murray

Chi Onwurah

89


Clause  39,  page  35,  line  6,  at end insert—

‘(2A)
In subsection (1), after “at least two undertakings (A and B)”, insert—


“with the intention of substantially reducing competition.”.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

59


Clause  39,  page  35,  line  35,  at end insert—

‘(e)
in all cases the relevant information about the arrangements is available

on the undertakings website under the title “commercial arrangements”.’.

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’.

Mr Iain Wright

Ian Murray

Chi Onwurah

60


Clause  48,  page  41,  line  16,  at end add—

‘“consumers” includes small businesses, up to 50 employees in size.’.

Norman Lamb

56


Page  46,  line  34,  leave out Clause 57.



© Parliamentary copyright	Revised 28 June 2012