Session 2012 - 13
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Other Bills before Parliament

Lords Amendments to the Enterprise and Regulatory Reform Bill


 
 

8

 
 

“Transitional provision: consultation

 

(1)    

This section applies in relation to a provision of this Act under or by virtue

 

of which the CMA has a function of consulting another person in preparing

 

rules, statements of policy, guidance or general advice or information.

 

(2)    

At any time before the provision comes into force, the Office of Fair Trading

 

or the Competition Commission or both bodies acting jointly—

 

(a)    

may carry out any consultation that the CMA would have power to

 

carry out after the provision comes into force, and

 

(b)    

for that purpose, may prepare drafts of any documents to which the

 

consultation relates.

 

(3)    

At any time after the provision comes into force, the CMA may elect to treat

 

any consultation carried out or other thing done under subsection (2) by the

 

Office of Fair Trading or the Competition Commission (or by both bodies

 

acting jointly) as carried out or done by the CMA.

 

(4)    

The Secretary of State may direct the Office of Fair Trading or the

 

Competition Commission, or both of them acting jointly, to exercise a

 

power conferred by subsection (2).”

After Clause 45

27

Insert the following new Clause—

 

“Power to remove concurrent competition functions of sectoral regulators

 

(1)    

The Secretary of State may make a sectoral regulator order if the Secretary

 

of State considers that it is appropriate to do so for the purpose of

 

promoting competition, within any market or markets in the United

 

Kingdom, for the benefit of consumers.

 

(2)    

A sectoral regulator order is an order that amends one or more enactments

 

so as to remove from a sectoral regulator either or both of the following—

 

(a)    

all the functions of the regulator under Part 1 of the 1998 Act that

 

are exercisable concurrently by the regulator and the Competition

 

and Markets Authority (“the CMA”) or that would be so exercisable

 

but for provision made by virtue of section 54(5)(e) of that Act;

 

(b)    

all the functions of the regulator under Part 4 of the 2002 Act that

 

are exercisable concurrently by the regulator and the CMA.

 

(3)    

A sectoral regulator order may make such other amendments of any

 

enactment as the Secretary of State considers appropriate in consequence

 

of the removal of the functions.

 

(4)    

Each of the following is a sectoral regulator—

 

(a)    

the Office of Communications;

 

(b)    

the Gas and Electricity Markets Authority;

 

(c)    

the Water Services Regulation Authority;

 

(d)    

the Office of Rail Regulation;

 

(e)    

the Northern Ireland Authority for Utility Regulation;

 

(f)    

the Civil Aviation Authority.

 

(5)    

A sectoral regulator order may include transitional, transitory or saving

 

provision.


 
 

9

 
 

(6)    

A statutory instrument containing a sectoral regulator order is not to be

 

made unless a draft of the instrument has been laid before, and approved

 

by a resolution of, each House of Parliament.

 

(7)    

In this section—

 

“amend” includes repeal or revoke;

 

“enactment” includes—

 

(a)    

an enactment contained in subordinate legislation (within

 

the meaning of the Interpretation Act 1978),

 

(b)    

an enactment contained in, or in an instrument made under,

 

an Act of the Scottish Parliament,

 

(c)    

an enactment contained in, or in an instrument made under,

 

a Measure or Act of the National Assembly for Wales, and

 

(d)    

an enactment contained in, or in an instrument made under,

 

Northern Ireland legislation.

 

(8)    

The references to the CMA in subsection (2) are to be read, in relation to any

 

time before the commencement of section 20(3), as references to the Office

 

of Fair Trading.”

28

Insert the following new Clause—

 

“Orders under section (Power to remove concurrent competition functions of

 

sectoral regulators): procedural requirements

 

(1)    

If the Secretary of State proposes to make a sectoral regulator order, the

 

Secretary of State must carry out the first stage consultation.

 

(2)    

The first stage consultation is consultation with—

 

(a)    

the regulator whose functions would be removed by the order,

 

(b)    

the Competition and Markets Authority,

 

(c)    

where the regulator is the Office of Rail Regulation, the Scottish

 

Ministers,

 

(d)    

where the regulator is the Northern Ireland Authority for Utility

 

Regulation, the Department of Enterprise, Trade and Investment in

 

Northern Ireland and the Department for Regional Development in

 

Northern Ireland, and

 

(e)    

where the regulator is the Water Services Regulation Authority, the

 

Welsh Ministers.

 

(3)    

If (following the first stage consultation) the Secretary of State still proposes

 

to make a sectoral regulator order, the Secretary of State must carry out the

 

second stage consultation.

 

(4)    

The second stage consultation is consultation with—

 

(a)    

the persons consulted at the first stage,

 

(b)    

any bodies who appear to the Secretary of State to represent the

 

interests of persons in respect of whom the functions that would be

 

removed by the order are exercisable (“regulated providers”),

 

(c)    

any bodies who appear to the Secretary of State to represent the

 

interests of persons who use the services supplied by regulated

 

providers, and

 

(d)    

such other persons as the Secretary of State considers appropriate.

 

(5)    

The Secretary of State must give the following information to each of the

 

persons consulted as part of the first stage or second stage consultation—


 
 

10

 
 

(a)    

an explanation as to whether the Secretary of State is proposing to

 

remove the functions of the regulator mentioned in subsection

 

(2)(a) of section (Power to remove concurrent competition functions of

 

sectoral regulators), the functions of the regulator mentioned in

 

subsection (2)(b) of that section or both sets of functions;

 

(b)    

the reasons why the Secretary of State considers it appropriate to

 

make the order.

 

(6)    

The reference to the Competition and Markets Authority in subsection (2)

 

is to be read, in relation to any time before the commencement of section

 

20(3), as a reference to the Office of Fair Trading.

 

(7)    

In this section, “sectoral regulator order” has the same meaning as in

 

section (Power to remove concurrent competition functions of sectoral

 

regulators).”

Clause 52

29

Page 47, leave out lines 25 and 26 and insert—

 

“( )    

providing for any of the following, as they apply for the

 

purposes of provisions mentioned in paragraph (f), to apply

 

with any modifications consequential on provision made

 

under that paragraph—

 

(i)    

sections 30 to 37;

 

(ii)    

sections 62 and 63;

 

(iii)    

Parts 3 and 4;

 

(iv)    

Schedule 3.”

Clause 53

30

Page 52, line 14, leave out “the application for” and insert “issue of”

31

Page 52, leave out lines 15 to 18 and insert—

 

“( )    

Works for which a certificate is issued under this section are to be

 

conclusively presumed to be lawful, provided that—

 

(a)    

they are carried out within 10 years beginning with the date of issue

 

of the certificate, and

 

(b)    

the certificate is not revoked under section 26I.”

32

Page 53, line 27, leave out “by an order”

33

Page 53, line 34, leave out “by an order made by the Secretary of State”

34

Page 53, line 36, leave out “by such an order”

Clause 56

35

Page 54, line 40, leave out paragraph (a)

36

Page 55, line 8, leave out subsection (6)

After Clause 56

37

Insert the following new Clause—


 
 

11

 
 

“Equality Act 2010: caste discrimination

 

(1)    

The Equality Act 2010 is amended as follows.

 

(2)    

After section 9(1)(c) (race) insert—

 

“(d)    

caste;”.”

Clause 61

38

Page 58, line 25, leave out subsection (3)

39

Page 59, leave out lines 17 to 29

After Clause 61

40

Insert the following new Clause—

 

“Letting agents etc.

 

(1)    

Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as

 

follows.

 

(2)    

In subsection (1) for the words “to which this Act applies” substitute “and

 

in subsection (1A) below to which this Act applies.

 

(1A)    

This Act also applies, subject to subsections (2) to (4) below, to—

 

(a)    

things done by any person in the course of a business

 

(including a business in which he is employed) pursuant to

 

instructions received from another person (in this section

 

referred to as “the client”) who wishes to let or have the

 

letting of an interest in land managed (for example, the

 

collection of rents on his behalf)—

 

(i)    

for the purpose of, or with a view to, effecting the

 

introduction to the client of a third person who

 

wishes to let an interest in land; or

 

(ii)    

after such introduction has been effected in the

 

course of that business, for the purpose of securing

 

the letting of the interest in land; or

 

(iii)    

for the purpose of, or with a view to, managing the

 

letting of the interest in land on behalf of the client;

 

or

 

(iv)    

for the purpose of, or with a view to, block

 

management of interests in land; and

 

(b)    

management activities undertaken by any person in the

 

course of a business (including a business in which he is

 

employed) in connection with land or interests in land.””

After Clause 63

41

Insert the following new Clause—

 

“Abolition of Agricultural Wages Board and related English bodies

 

(1)    

The Agricultural Wages Board for England and Wales is abolished.

 

(2)    

Every agricultural wages committee for an area in England is abolished.


 
 

12

 
 

(3)    

Every agricultural dwelling-house advisory committee for an area in

 

England is abolished.

 

(4)    

Schedule (Abolition of Agricultural Wages Board and related English bodies:

 

consequential provision) (abolition of Agricultural Wages Board and related

 

English bodies: consequential provision) has effect.”

Clause 66

42

Leave out Clause 66 and insert the following new Clause—

 

         

“Penalties under provision amending exceptions: copyright and rights in

 

performances

 

    

Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972

 

(limitation on criminal penalties) does not apply for the purposes of

 

provision under section 2(2) of that Act amending—

 

(a)    

Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988

 

(acts permitted in relation to copyright works), or

 

(b)    

Schedule 2 to that Act (rights in performances: permitted acts).”

Clause 67

43

Page 62, line 20, after “unpublished” insert “, other than photographs or films.”

44

Page 62, line 20, leave out “, or

 

(b)    

published but anonymous or pseudonymous.”

45

Page 62, line 22, after “expire” insert “—

 

(a)    

with the end of the term of protection of copyright laid down by

 

Directive 2006/116/EC or at any later time;

 

(b)    

subject to that,”

46

Page 62, line 25, at end insert—

 

“( )    

make different provision for different purposes;”

Clause 68

47

Page 65, line 2, leave out “that amend an enactment”

48

Page 65, leave out lines 5 and 6

Clause 70

49

Page 66, line 11, leave out from “which” to “, and” in line 13 and insert “the

 

company becomes a quoted company”

50

Page 66, line 26, at end insert—

 

“( )    

Subsection (2) does not apply in relation to a quoted company

 

before the first meeting in relation to which it gives notice under

 

subsection (1).”

Clause 71

51

Page 69, line 36, at end insert—


 
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Revised 22 March 2013