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| |
| | |
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| “Transitional provision: consultation |
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| (1) | This section applies in relation to a provision of this Act under or by virtue |
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| of which the CMA has a function of consulting another person in preparing |
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| rules, statements of policy, guidance or general advice or information. |
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| (2) | At any time before the provision comes into force, the Office of Fair Trading |
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| or the Competition Commission or both bodies acting jointly— |
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| (a) | may carry out any consultation that the CMA would have power to |
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| carry out after the provision comes into force, and |
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| (b) | for that purpose, may prepare drafts of any documents to which the |
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| |
| (3) | At any time after the provision comes into force, the CMA may elect to treat |
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| any consultation carried out or other thing done under subsection (2) by the |
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| Office of Fair Trading or the Competition Commission (or by both bodies |
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| acting jointly) as carried out or done by the CMA. |
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| (4) | The Secretary of State may direct the Office of Fair Trading or the |
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| Competition Commission, or both of them acting jointly, to exercise a |
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| power conferred by subsection (2).” |
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|
27 | Insert the following new Clause— |
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| “Power to remove concurrent competition functions of sectoral regulators |
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| (1) | The Secretary of State may make a sectoral regulator order if the Secretary |
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| of State considers that it is appropriate to do so for the purpose of |
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| promoting competition, within any market or markets in the United |
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| Kingdom, for the benefit of consumers. |
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| (2) | A sectoral regulator order is an order that amends one or more enactments |
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| so as to remove from a sectoral regulator either or both of the following— |
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| (a) | all the functions of the regulator under Part 1 of the 1998 Act that |
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| are exercisable concurrently by the regulator and the Competition |
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| and Markets Authority (“the CMA”) or that would be so exercisable |
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| but for provision made by virtue of section 54(5)(e) of that Act; |
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| (b) | all the functions of the regulator under Part 4 of the 2002 Act that |
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| are exercisable concurrently by the regulator and the CMA. |
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| (3) | A sectoral regulator order may make such other amendments of any |
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| enactment as the Secretary of State considers appropriate in consequence |
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| of the removal of the functions. |
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| (4) | Each of the following is a sectoral regulator— |
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| (a) | the Office of Communications; |
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| (b) | the Gas and Electricity Markets Authority; |
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| (c) | the Water Services Regulation Authority; |
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| (d) | the Office of Rail Regulation; |
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| (e) | the Northern Ireland Authority for Utility Regulation; |
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| (f) | the Civil Aviation Authority. |
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| (5) | A sectoral regulator order may include transitional, transitory or saving |
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| |
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| |
| | |
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| (6) | A statutory instrument containing a sectoral regulator order is not to be |
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| made unless a draft of the instrument has been laid before, and approved |
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| by a resolution of, each House of Parliament. |
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| |
| “amend” includes repeal or revoke; |
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| |
| (a) | an enactment contained in subordinate legislation (within |
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| the meaning of the Interpretation Act 1978), |
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| (b) | an enactment contained in, or in an instrument made under, |
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| an Act of the Scottish Parliament, |
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| (c) | an enactment contained in, or in an instrument made under, |
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| a Measure or Act of the National Assembly for Wales, and |
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| (d) | an enactment contained in, or in an instrument made under, |
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| Northern Ireland legislation. |
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| (8) | The references to the CMA in subsection (2) are to be read, in relation to any |
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| time before the commencement of section 20(3), as references to the Office |
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| |
28 | Insert the following new Clause— |
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| “Orders under section (Power to remove concurrent competition functions of |
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| sectoral regulators): procedural requirements |
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| (1) | If the Secretary of State proposes to make a sectoral regulator order, the |
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| Secretary of State must carry out the first stage consultation. |
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| (2) | The first stage consultation is consultation with— |
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| (a) | the regulator whose functions would be removed by the order, |
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| (b) | the Competition and Markets Authority, |
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| (c) | where the regulator is the Office of Rail Regulation, the Scottish |
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| |
| (d) | where the regulator is the Northern Ireland Authority for Utility |
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| Regulation, the Department of Enterprise, Trade and Investment in |
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| Northern Ireland and the Department for Regional Development in |
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| |
| (e) | where the regulator is the Water Services Regulation Authority, the |
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| |
| (3) | If (following the first stage consultation) the Secretary of State still proposes |
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| to make a sectoral regulator order, the Secretary of State must carry out the |
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| second stage consultation. |
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| (4) | The second stage consultation is consultation with— |
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| (a) | the persons consulted at the first stage, |
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| (b) | any bodies who appear to the Secretary of State to represent the |
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| interests of persons in respect of whom the functions that would be |
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| removed by the order are exercisable (“regulated providers”), |
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| (c) | any bodies who appear to the Secretary of State to represent the |
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| interests of persons who use the services supplied by regulated |
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| |
| (d) | such other persons as the Secretary of State considers appropriate. |
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| (5) | The Secretary of State must give the following information to each of the |
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| persons consulted as part of the first stage or second stage consultation— |
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|
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| |
| | |
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| (a) | an explanation as to whether the Secretary of State is proposing to |
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| remove the functions of the regulator mentioned in subsection |
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| (2)(a) of section (Power to remove concurrent competition functions of |
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| sectoral regulators), the functions of the regulator mentioned in |
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| subsection (2)(b) of that section or both sets of functions; |
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| (b) | the reasons why the Secretary of State considers it appropriate to |
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| |
| (6) | The reference to the Competition and Markets Authority in subsection (2) |
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| is to be read, in relation to any time before the commencement of section |
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| 20(3), as a reference to the Office of Fair Trading. |
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| (7) | In this section, “sectoral regulator order” has the same meaning as in |
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| section (Power to remove concurrent competition functions of sectoral |
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| |
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29 | Page 47, leave out lines 25 and 26 and insert— |
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| “( ) | providing for any of the following, as they apply for the |
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| purposes of provisions mentioned in paragraph (f), to apply |
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| with any modifications consequential on provision made |
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| |
| |
| |
| |
| |
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30 | Page 52, line 14, leave out “the application for” and insert “issue of” |
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31 | Page 52, leave out lines 15 to 18 and insert— |
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| “( ) | Works for which a certificate is issued under this section are to be |
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| conclusively presumed to be lawful, provided that— |
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| (a) | they are carried out within 10 years beginning with the date of issue |
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| |
| (b) | the certificate is not revoked under section 26I.” |
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32 | Page 53, line 27, leave out “by an order” |
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33 | Page 53, line 34, leave out “by an order made by the Secretary of State” |
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34 | Page 53, line 36, leave out “by such an order” |
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|
35 | Page 54, line 40, leave out paragraph (a) |
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36 | Page 55, line 8, leave out subsection (6) |
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|
37 | Insert the following new Clause— |
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|
|
| |
| | |
|
| “Equality Act 2010: caste discrimination |
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| (1) | The Equality Act 2010 is amended as follows. |
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| (2) | After section 9(1)(c) (race) insert— |
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| |
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38 | Page 58, line 25, leave out subsection (3) |
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39 | Page 59, leave out lines 17 to 29 |
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|
40 | Insert the following new Clause— |
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| |
| (1) | Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as |
|
| |
| (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 |
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| (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; |
|
| |
| (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.”” |
|
|
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. |
|
|
|
| |
| | |
|
| (3) | Every agricultural dwelling-house advisory committee for an area in |
|
| |
| (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.” |
|
|
42 | Leave out Clause 66 and insert the following new Clause— |
|
| | “Penalties under provision amending exceptions: copyright and rights in |
|
| |
| | 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).” |
|
|
43 | Page 62, line 20, after “unpublished” insert “, other than photographs or films.” |
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44 | Page 62, line 20, leave out “, or |
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| (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; |
|
| |
46 | Page 62, line 25, at end insert— |
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| “( ) | make different provision for different purposes;” |
|
|
47 | Page 65, line 2, leave out “that amend an enactment” |
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48 | Page 65, leave out lines 5 and 6 |
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|
49 | Page 66, line 11, leave out from “which” to “, and” in line 13 and insert “the |
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| 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 |
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| |
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51 | Page 69, line 36, at end insert— |
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|