| Amendments proposed to the Financial Services and Markets Bill - continued | House of Commons |
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Mr David Heathcoat-Amory 316 Clause 107, page 48, line 9, after 'consulting', insert 'the Lord President of the Court of Session and'.
Mr David Heathcoat-Amory 165 Schedule 11, page 217, line 39, at end insert 'and at least one member of the lay panel (not being connected with a party to the reference)'.
Mr David Heathcoat-Amory 373 Schedule 11, page 217, line 41, at end insert 'and shall appoint at least one member of the lay panel who appears to him to have experience which is relevant to the subject matter of the reference'.
Mr David Heathcoat-Amory 323 Schedule 11, page 218, line 10, at end insert—
Mr David Heathcoat-Amory 146 Clause 108, page 48, leave out lines 40 and 41 and insert—'(6) No decision by the Authority which can be referred to the Tribunal shall have effect while the decision is open to review.'.
Mr David Heathcoat-Amory 374 Clause 108, page 49, line 3, at end add—'(8) Rules made by the Lord Chancellor under section 107 shall provide that evidence of the kind referred to in subsection (3)(a) or (b) above shall be made available to the person making the reference to the Tribunal.'.
Mr David Heathcoat-Amory 375 Clause 110, page 49, line 30, leave out from first 'the' to end of line 35 and insert 'purposes of its regulatory objectives.'.
Mr David Heathcoat-Amory 376 Clause 111, page 50, line 13, leave out 'such'.
Mr David Heathcoat-Amory 377 Clause 111, page 50, line 14, leave out from 'persons' to 'users' in line 16 and insert 'where it considers it likely that the conduct of authorised persons in the absence of such rules would result in undue risk to'.
Mr David Heathcoat-Amory 378 Clause 111, page 50, line 17, leave out 'him' and insert 'them'.
Mr David Heathcoat-Amory 147 Clause 112, page 50, line 12, at end add—
Mr David Heathcoat-Amory 379 Clause 112, page 51, line 13, at end insert—'(e) make provision for clients of specified categories to agree that such rules shall not apply to them'.
Mr David Heathcoat-Amory 148 Clause 112, page 51, line 32, at end add—'(9) If the Authority proposes to notify an authorised person under subsection (2)(a), it must give him a warning notice and, if it decides to impose the requirement, a decision notice as if the requirement to maintain resources at the appropriate level was the imposition of a penalty; and the authorised person may refer the matter to the Tribunal accordingly.'.
Mr David Heathcoat-Amory 380 Clause 118, page 54, line 29, at end insert—'(4A) In determining whether compliance is unduly burdensome for the purposes of subsection (4)(a), the Authority shall take into account what conduct is permissible in comparable circumstances in other jurisdictions which are members of the Organisation for Economic Co-operation and Development.'.
Mr David Heathcoat-Amory 381 Clause 118, page 54, leave out line 33.
Mr David Heathcoat-Amory 382 Clause 118, page 54, line 34, leave out 'others' and insert 'authorised persons'.
Mr David Heathcoat-Amory 383 Clause 125, page 57, line 14, leave out 'duties' and insert 'functions'.
Mr David Heathcoat-Amory 149 Clause 125, page 57, line 22, at end insert 'and must, if it does not accept one or more of the representations, and before the rule comes into force, publish the reasons why it does not.'.
Mr David Heathcoat-Amory 384 Clause 125, page 57, line 31, after 'consumers' insert 'as defined in section 12(5)'.
Mr David Heathcoat-Amory 385 Clause 127, page 58, line 20, leave out 'may' and insert 'shall'.
Mr David Heathcoat-Amory 386 Clause 127, page 58, line 21, after 'its' insert 'general'.
Mr David Heathcoat-Amory 387 Clause 127, page 58, leave out lines 23 to 25.
Mr David Heathcoat-Amory 388 Clause 127, page 58, line 31, at end add—'(6) If a person behaves in a way which is described in general guidance as behaviour that, in the Authority's opinion, does not amount to a contravention of a rule, that behaviour of his is to be taken, for the purposes of this Act, as not constituting a convention of that rule. (7) Otherwise, general guidance may be relied on as far as it indicates whether or not that behaviour should be taken to amount to a contravention of a rule.'.
Mr David Heathcoat-Amory 150 Clause 144, page 69, line 22, at end insert 'or under section 177'.
Mr David Heathcoat-Amory 317 Clause 146, page 71, line 32, at end insert—'(5A) A warrant under this section shall not authorise the taking of possession of any documents or information to which legal professional privilege applies'.
Mr David Heathcoat-Amory 318 Clause 146, page 71, line 41, leave out 'justice of the peace or a'.
Mr David Heathcoat-Amory 151 Clause 149, page 73, line 17, after 'the', insert 'voting'.
Mr David Heathcoat-Amory 152 Clause 149, page 73, line 20, after 'the', insert 'voting'.
Mr David Heathcoat-Amory 153 Clause 149, page 73, leave out lines 43 and 44 and insert—'(5) In this section, a person shall not be regarded as being able to exercise or control the exercise of voting powers if he cannot do so in his own discretion.'.
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| ©Parliamentary copyright 1998 | Prepared 28 Oct 1999 |