| Amendments proposed to the Utilities Bill - continued | House of Commons |
| back to previous text | |
|
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.'.
Mrs Helen Liddell 398 Page 100, line 21, leave out Clause 93.
Mr Nick Gibb 179 Clause 94, page 102, line 42, at end insert—'(2A) The Council shall take appropriate steps, including the preparation and publication of guidance, to ensure that any investigation under this section is conducted in an objective and impartial manner.'.
Mrs Helen Liddell 399 Page 102, line 33, leave out Clause 94.
Mr Nick Gibb 280 Clause 95, page 103, line 37, after 'appropriate', insert 'having had regard to any representations made by licensed operators with regard to any proposed method of collecting and/or analysing such information.'.
Mr Nick Gibb 173 Clause 95, page 103, line 42, after 'complaints', insert 'of a consumer nature'.
Mrs Helen Liddell 400 Page 103, line 34, leave out Clause 95.
Mr Nick Gibb 174 Clause 96, page 104, line 20, at end insert—'(2A) The Council shall take appropriate steps to ensure that any investigation under this section is conducted in an objective and impartial manner.'.
Mr Nick Gibb 281 Clause 96, page 105, line 12, at end insert, 'nor shall such power be exercised until after any licensed operator concerned with the complaint has had an opportunity to read the report in draft form and make representations upon its terms, which must be taken into account before such report is published.'
Mrs Helen Liddell 401 Page 104, line 6, leave out Clause 96.
Mr Nick Gibb 330 Clause 97, page 105, 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 259 Clause 97, page 105, line 27, after 'contravened', insert 'and is likely again to contravene'.
Mr Nick Gibb 331 Clause 97, page 105, line 29, leave out 'has contravened or is contravening' and insert 'is contravening or has contravened and is likely again to contravene'.
Mr Nick Gibb 260 Clause 97, page 105, line 29, after 'contravened', insert 'and is likely again to contravene'.
Mr Nick Gibb 332 Clause 97, page 105, line 32, leave out 'has failed or is failing' and insert 'is failing or has failed and is likely again to fail'.
Mr Nick Gibb 333 Clause 97, page 105, line 35, at beginning insert 'and that the contravention or failure has been or is being committed intentionally or negligently,'.
Mr Nick Gibb 261 Clause 97, page 105, line 36, leave out from 'amount' to end of line 37 and insert 'prescribed in the regulations made under section 18B'.
Mr Nick Gibb 334 Clause 97, page 105, line 36, leave out from 'is' to end of line 37 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 262 Clause 97, page 105, line 43, at end insert—'(2A) No penalty shall be imposed until a provisional order shall have been confirmed or a final order shall have been made under section 16'.
Mr Nick Gibb 335 Clause 97, page 105, line 43, at end insert—'(2A) In deciding whether to impose a penalty under subsection (1) the Authority shall have regard to—
Mr Nick Gibb 263 Clause 97, page 106, line 7, after 'penalty', insert ', the desired effect of the penalty upon the operations of the relevant operator,'.
Mr Nick Gibb 264 Clause 97, page 106, line 35, after 'penalty' insert, 'the desired effect of the penalty upon the operations of the relevant operator,'.
Mr Nick Gibb 266 Clause 97, page 107, leave out lines 30, to 46 and insert—'(18B) "The Secretary of State may make regulations with respect to the imposition of penalties and the determination of their amount, having consulted with—
Mr Nick Gibb 265 Clause 97, page 107, line 30, after 'prepare' insert, 'following consultation with appropriate persons including licensed operators'.
Mr Nick Gibb 267 Clause 97, page 108, line 1, leave out from '18C' to 'where' in line 8.
Mr Nick Gibb 268 Clause 97, page 108, line 37, leave out 'or'.
Mr Nick Gibb 269 Clause 97, page 108, line 40, at end insert 'or (d) any other matter,'.
Mr Nick Gibb 270 Clause 97, page 108, line 41, leave out 'court' and insert 'the Penalty Appeals Body'.
Mr Nick Gibb 271 Clause 97, page 108, line 44, leave out '42' and insert '52'.
Mr Nick Gibb 272 Clause 97, page 108, line 48, leave out '42' and insert '52'.
Mr Nick Gibb 273 Clause 97, page 109, line 1, leave out 'court' and insert 'the Penalty Appeals Body'.
Mr Nick Gibb 274 Clause 97, page 109, line 4, leave out 'court' and insert 'the Penalty Appeals Body'.
Mr Nick Gibb 336 Clause 97, page 109, line 14, at end insert—
|
| |
| ©Parliamentary copyright 2000 | Prepared 7 Mar 2000 |