S.C.A.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 2nd November 1999
New Amendments handed in are marked thus *
STANDING COMMITTEE A
FINANCIAL SERVICES AND MARKETS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [6th July], as follows:—
Clause 1; Schedule 1; Clauses 2 to 20; Schedule 2; Clauses 21 to 28; Schedules 3 and 4; Clauses 29 to 33; Schedule 5; Clauses 34 to 37; Schedule 6; Clauses 38 to 69; Schedule 7; Clauses 70 to 82; Schedule 8; Clause 83; Schedule 9; Clauses 84 to 94; Schedule 10; Clauses 95 to 107; Schedule 11; Clauses 108 to 141; Schedule 12; Clauses 142 to 175; Schedule 13; Clauses 176 to 197; Schedule 14; Clauses 198 to 295; Schedule 15; Clauses 296 to 367; Schedules 16 and 17; new Clauses; new Schedules.
Mr Andrew Smith
400
Clause 107 page 48, line 9, leave out 'after consulting the Council on Tribunals'.
Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
316
Clause 107, page 48, line 9, after 'consulting', insert 'the Lord President of the Court of Session and'.
Mr Andrew Smith
408
Schedule 11, page 216, line 29, at end insert—
'( ) The Lord Chancellor may appoint one of the members of the panel of chairmen to be Deputy President.
( ) The Deputy President is to have such functions in relation to the Tribunal as the President may assign to him'.
Mr Andrew Smith
409
Schedule 11, page 216, line 30, after 'President' insert 'or Deputy President'.
Mr Andrew Smith
410
Schedule 11, page 216, line 40, after 'President' insert '(or Deputy President)'.
Mr Andrew Smith
411
Schedule 11, page 216, line 41, after 'President' insert '(or Deputy President)'.
Mr Andrew Smith
412
Schedule 11, page 217, line 2, after 'discharged' insert '—
(a) by the Deputy President; or
(b) if there is no Deputy President or he too is absent or otherwise unable to act,'.
Mr Andrew Smith
413
Schedule 11, page 217, line 31, leave out sub-paragraph (1).
Mr Andrew Smith
414
Schedule 11, page 217, line 34, leave out from 'any' to 'remuneration', in line 35, and insert 'person, in respect of his service—
(a) as a member of the Tribunal (including service as the President or Deputy President), or
(b) as a person appointed under paragraph 6(4),
such'.
Mr Andrew Smith
415
Schedule 11, page 217, line 35, at end insert—
'Staff
.—(1) The Lord Chancellor may appoint such staff for the Tribunal as he may determine.
(2) The remuneration of the Tribunal's staff is to be defrayed by the Lord Chancellor.
(3) Such expenses of the Tribunal as the Lord Chancellor may determine are to be defrayed by the Lord Chancellor.'.
Mr Andrew Smith
416
Schedule 11, page 217, line 38, leave out from 'Tribunal' to end of line 41 and insert 'the persons to act as members of the Tribunal for the purposes of the reference are to be selected from the panel of chairmen or the lay panel in accordance with arrangements made by the President for the purposes of this paragraph ("the standing arrangements").
(2) The standing arrangements must provide for at least one member to be selected from the panel of chairmen.'.
Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
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
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
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 Andrew Smith
417
Schedule 11, page 217, line 45, leave out 'appointed' and insert 'selected'.
Mr Andrew Smith
418
Schedule 11, page 218, line 2, leave out 'the President may appoint' and insert 'may be selected in accordance with the standing arrangements'.
Mr Andrew Smith
419
Schedule 11, page 218, line 7, at end insert—
'. For the purpose of dealing with references, or any matter preliminary or incidental to a reference, the Tribunal must sit at such times and in such place or places as the Lord Chancellor may direct.'.
Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
323
Schedule 11, page 218, line 10, at end insert—
'(b) that the standard of proof to be applied in the Tribunal shall be beyond reasonable doubt'.
Mr Andrew Smith
420
Schedule 11, page 218, line 17, at end insert—
'Practice directions
. The President of the Tribunal may give directions as to the practice and procedure to be followed by the Tribunal in relation to references to it.'.
Mr Andrew Smith
421
Schedule 11, page 219, line 12, leave out from beginning to second 'to' and insert—
'10.—(1) If the Tribunal considers that a party to any proceedings on a reference has acted vexatiously, frivolously or unreasonably it may order that party'.
Mr Andrew Smith
422
Schedule 11, page 219, line 14, at end insert—
'(2) If, in any proceedings on a reference, the Tribunal considers that a decision of the Authority which is the subject of the reference was unreasonable it may order the Authority to pay to another party to the proceedings the whole or part of the costs or expenses incurred by the other party in connection with the proceedings.'.
Mr Andrew Smith
401
Clause 108 page 48, line 19, leave out 'prescribed' and insert 'specified in rules made under section 107'.
Mr Andrew Smith
402
Clause 108 page 48, line 20, leave out 'In any particular case' and insert 'Subject to rules made under section 107,'.
Mr Andrew Smith
403
Clause 108 page 48, line 22, leave out from 'reference' to 'consider' in line 25 and insert 'the Tribunal may'.
Mr Andrew Smith
404
Clause 108 page 48, leave out lines 27 to 29.
Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
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
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
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 Andrew Smith
405
Clause 109 page 49, line 4, after 'may' insert 'with permission'.
Mr Andrew Smith
406
Clause 109 page 49, line 7, at end insert 'disposing of the reference.'.
Mr Andrew Smith
407
Clause 109 page 49, line 7, at end insert—
'( ) "Permission" means permission given by the Tribunal or by the Court of Appeal or (in Scotland) the Court of Session.'.
Mr Andrew Smith
431
*Clause 110, page 49, line 28, leave out 'the carrying on' and insert 'authorised persons with respect to the carrying on by them'.
Mr Andrew Smith
432
*Clause 110, page 49, line 29, leave out 'by authorised persons'.
Mr David Heathcoat-Amory
Mr Howard Flight
Mr Tim Loughton
Sir Nicholas Lyell
Mr Andrew Tyrie
Mr Keith Simpson
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 Andrew Smith
433
*Clause 110, page 49, line 34, leave out from 'interests' to 'use' in line 35 and insert 'which—
(i) are derived from or are otherwise attributable to, or
(ii) may be adversely affected by,
