| Amendments proposed to the Utilities Bill - continued | House of Commons |
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Mr Nick Gibb 148 Clause 22, page 19, line 8, at end insert—'(5A) The Authority or a licence holder shall not be required to comply with a notice under subsection (2) where—
Mr Nick Gibb 158 Clause 93, page 100, line 27, after 'may', insert 'by notice in writing'.
Mr Nick Gibb 159 Clause 93, page 100, line 29, at end insert 'and any such notice shall specify—
Mr Nick Gibb 160 Clause 93, page 100, line 40, at end insert—'(5A) The Authority and any telecommunications operator shall not be required to comply with a notice under subsection (2) where—
Mr Nick Gibb 278 Clause 93, page 100, line 41, after 'may', insert 'following consideration of any representations made by licensed operators with regard to the matters set out in sub-paragraphs (a) to (b) of this sub-section'.
Mr Nick Gibb 161 Clause 93, page 101, line 11, after 'of', insert 'subsection (5A) or'.
Mr Nick Gibb 162 Clause 93, page 101, line 45, leave out 'seriously and'.
Mr Nick Gibb 163 Clause 93, page 102, line 4, after 'body', insert 'giving its reasons for considering such disclosure'.
Mr Nick Gibb 164 Clause 93, page 102, line 5, leave out 'have regard to any' and insert 'where asked to do so by that person or body, seek and have regard to the'.
Mr Nick Gibb 165 Clause 93, page 102, line 10, at end insert—'(5A) A person or body aggrieved by a decision by the Council to disclose any information about that person or body in pursuance of subsection (3)(c) may appeal against that decision under section 46B and that section shall be construed as if the Council and decisions under section 46H(3)(c) were specifically mentioned in subsection (1) of that section.'.
Mr Nick Gibb 279 Clause 93, page 102, line 14, at end insert 'provided that where such information relates to the activities of any telecommunications operator, such telecommunications operator shall have been consulted and its representations on the matter shall have been taken into account by the Authority in the exercise of its power under this sub-section.'.
Mr Nick Gibb 337 Clause 34, page 32, line 9, at end insert 'and, in the case of a decision under paragraph (c) or (d) of subsection (1), the notice shall include an analysis of the costs and benefits to the licence holder of the modification, direction or consent concerned.'.
Mr Nick Gibb 338 Clause 67, page 67, line 30, at end insert 'and, in the case of a decision under paragraph (c) or (d) of subsection (1), the notice shall include an analysis of the costs and benefits to the licence holder of the modification, direction or consent concerned.'.
Mr Nick Gibb 339 Clause 100, page 112, line 44, at end insert 'and, in the case of a decision under paragraph (b) or (c) of subsection (1), the notice shall include an analysis of the costs and benefits to the licence holder of the modification, direction or consent concerned.'.
Mr Nick Gibb 318 Clause 47, page 46, line 15, leave out 'has contravened or is contravening' and insert 'is contravening or has contravened and is likely again to contravene'.
Mr Nick Gibb 319 Clause 47, page 46, line 17, leave out 'has failed or is failing' and insert 'is failing or has failed and is likely again to fail'.
Mr Nick Gibb 320 Clause 47, page 46, line 19, at beginning insert 'and that the contravention or failure has been or is being committed intentionally or negligently,'.
Mr Nick Gibb 321 Clause 47, page 46, line 20, leave out from 'is' to end of line 21 and insert 'proportionate having regard to the nature and specificity of the condition or prescribed standard in question.(1A) In setting the level of any penalty imposed under subsection (1) the Authority shall take account of the seriousness and duration of, and the harm caused by, the contravention or failure but in any event the penalty imposed shall not exceed 10 per cent. of the annual turnover of the licence holder in the relevant goods or services for the year in which the contravention or failure occurred.'.
Mr Nick Gibb 322 Clause 47, page 46, line 39, at end insert—'(2A) In deciding whether to impose a penalty under subsection (1) the 'Authority shall have regard to—
Mr Nick Gibb 323 Clause 47, page 49, line 18, at end insert—
Mr Nick Gibb 324 Clause 75, page 77, line 27, leave out 'has contravened or is contravening' and insert 'is contravening or has contravened and is likely again to contravene'.
Mr Nick Gibb 325 Clause 75, page 77, line 29, leave out 'has failed or is failing' and insert 'is failing or has failed and is likely again to fail'.
Mr Nick Gibb 326 Clause 75, page 77, line 32, at beginning insert 'and that the contravention or failure has been or is being committed intentionally or negligently,'
Mr Nick Gibb 327 Clause 75, page 77, line 33, leave out from 'is' to end of line 34 and insert 'proportionate having regard to the nature and specificity of the condition or prescribed standard in question.(1A) In setting the level of any penalty imposed under subsection (1) the Authority shall take account of the seriousness and duration of, and the harm caused by, the contravention or failure but in any event the penalty imposed shall not exceed 10 per cent. of the annual turnover of the licence holder in the relevant goods or services for the year in which the contravention or failure occurred.'.
Mr Nick Gibb 328 Clause 75, page 78, line 6, at end insert—'(2A) In deciding whether to impose a penalty under subsection (1) the Authority shall have regard to—
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