Amendments proposed to the Financial Services and Markets Bill - continued House of Commons

back to previous text

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

78

*Clause     18,     page     8,     line     17,     after 'But', insert 'unless the Authority directs otherwise in any particular case'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

79

*Clause     18,     page     8,     line     19,     after 'of', insert 'or results from,'.


   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

80

*Clause     19,     page     8,     line     29,     leave out 'capable of having an effect in the United Kingdom' and insert 'addressed to a United Kingdom person'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

81

*Clause     19,     page     8,     line     33,     after 'apply', insert 'and, in the case of oral communications such circumstances shall, except as otherwise expressly provided in the order, include the making of a communication which has not been solicited by the person receiving it or by any person acting on his behalf.'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

82

*Clause     19,     page     8,     line     33,     after 'apply', insert 'and what constitutes approval of the content of communications in particular circumstances'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

83

*Clause     19,     page     9,     line     8,     at end add—

    '(10) "United Kingdom person" means, in the case of an individual, a person physically in the United Kingdom or, in the case of any other person, a branch or other place of business in the United Kingdom of that person.'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

84

*Clause     19,     page     9,     line     8,     at end add—

    '(11) A communication is addressed to a person if it is directed at or made available to or is capable of being seen, heard or (subject to subsection (12)) otherwise accessed by that person.'.

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

85

*Clause     19,     page     9,     line     8,     at end add—

    '(12) Communications on the Internet which are not directed at United Kingdom persons shall not be regarded as addressed to them if access by them to the communication has not been solicited by a communication addressed to a United Kingdom person.'.


NEW CLAUSES

Maintenance of competition and promotion of United Kingdom competitiveness

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

NC1

To move the following Clause:—

    '.—The maintenance of competition and promotion of United Kingdom competitiveness objective referred to in section 2(2)(e) is: regulating in a way which does not unnecessarily impede competition in financial services and markets in the United Kingdom or by any category of authorised participants and which seeks to secure a regulatory regime in the United Kingdom which provides a competitive advantage internationally'.


Duty of Treasury to maintain competition and competitiveness

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

NC2

To move the following Clause:—

    '.—When deciding what regulations or orders the Treasury should make under this Act, or what other powers or discretions the Treasury should exercise under this Act, the Treasury must seek to meet the maintenance of competition and competitiveness objective and must have regard to the considerations set out in section 2(3) (c) and (d)'.


Improving the quality of investments

   

Dr Vincent Cable
Mr Colin Breed
Mr Brian Cotter

NC3

To move the following Clause:—

    '.—(1) The improving the quality of investments objective is: improving the quality of investments of a specific kind arranged by authorised persons in the course of carrying on regulated activities.

    (2) It includes, in particular—

      (a) furthering the development of investments which offer consumers value for money;

      (b) taking appropriate measures to discourage the availability of investments which do not offer consumers value for money;

      (c) furthering the development of a wider choice of investments, while not acting in any way which would be incompatible with the protection of consumers objective.'.


Duty of Treasury to consult practitioners and consumers

   

Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton

NC4

*To move the following Clause:—

    '(2) The Treasury must make and maintain effective arrangements for consulting practitioners and consumers on the extent to which any regulations or orders proposed to be made by it under this Act are consistent with its duties under section (Duty of Treasury to maintain competition and competitiveness).'.


 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

©Parliamentary copyright 1998
Prepared 13 Jul 1999