Amendments proposed to the Postal Services Bill - continued | House of Commons |
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Reports on references
Mr Alan Johnson NC8 To move the following Clause:'.(1) In making a report on a reference under section (References to the Competition Commission) the Competition Commission
(2) A report of the Competition Commission on a reference under section (References to the Competition Commission) shall be made to the Commission. (3) The Commission
(4) If the Secretary of State considers that the publication of any matter would be against the public interest or any person's commercial interests, he may before the end of the specified period direct the Commission to exclude the matter from every copy of the report to be published as mentioned in subsection (3)(b). (5) In this section "the specified period" means the period of 14 days starting with the day on which the Secretary of State receives the copy under subsection (3)(a).'.
Modification following report
Mr Alan Johnson NC9 To move the following Clause:'.(1) This section applies if a report of the Competition Commission on a reference under section (References to the Competition Commission)
(2) The Commission shall, subject as follows, make such modifications of the conditions of the licence as it considers are needed for the purpose of remedying or preventing the adverse effects specified in the report. (3) Before making any such modifications, the Commission shall
(4) If, after considering any such representations, the Commission decides to make any modifications for the purpose of remedying or preventing the adverse effects specified in the report, the Commission shall give notice of the modifications to the Competition Commission. (5) If no direction is given to the Commission under section (Power of veto of the Competition Commission)(2) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications set out in the notice. (6) If a direction is given to the Commission under section (Power of veto of the Competition Commission)(2)(b) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications which are set out in the notice and are not specified in the direction.'.
Power of veto of the Competition Commission
Mr Alan Johnson NC10 To move the following Clause:'.(1) The Competition Commission may give a direction under subsection (2) if it considers that the modifications set out in a notice under section (Modification following report)(4) are not the modifications which are needed for the purpose of remedying or preventing all or any of the adverse effects specified by it in the report as effects which could be remedied or prevented by modifications. (2) The Competition Commission may direct the Commission
(3) Subject to subsection (4), the Competition Commission may only give a direction under subsection (2) within the period of four weeks starting with the date on which the notice under section (Modification following report)(4) is given. (4) The Secretary of State may, on the application of the Competition Commission and within the period mentioned in subsection (3), direct that the period (and, accordingly, the period mentioned in section (Modification following report)(5) and (6)) shall be extended by 14 days. (5) The Competition Commission may itself make such modifications as it considers are needed for the purpose of remedying or preventing
(6) In exercising its functions under subsection (5), the Competition Commission shall have regard to the matters to which the Commission is required to have regard when determining the conditions of a licence. (7) The Commission shall, for the purpose of assisting the Competition Commission in exercising its functions under this section, give to the Competition Commission
(8) In exercising its functions under this section, the Competition Commission shall have regard to any information given under subsection (7).'.
Procedural requirements in relation to modifications
Mr Alan Johnson NC11 To move the following Clause:'.(1) A notice under section (Modification following report)(3) shall state
(2) Such a notice shall be given by
(3) A notice under section (Modification following report)(4) shall state
(4) The Commission shall include with such a notice
(5) As soon as practicable after making modifications under section (Modification following report) the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State. (6) The Competition Commission shall give notice of any direction given by it under section (Power of veto of the Competition Commission)(2). (7) The notice shall state
(8) Before making modifications under section (Power of veto of the Competition Commission)(5) the Competition Commission shall
(9) The notice shall state
(10) A notice under subsection (6) or (8) shall be given by
(11) As soon as practicable after making modifications under section (Power of veto of the Competition Commission)(5) the Competition Commission shall send a copy of the modifications to the licence holder, the Commission, the Council and the Secretary of State.'.
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