Application of competition legislation to references etc
Mr Alan Johnson
NC12
To move the following Clause:—
'.—(1) The provisions listed in subsection (2) shall apply to references under section (References to the Competition Commission) above as if—
(a) the functions of the Competition Commission in relation to those references were functions under the Fair Trading Act 1973 (in this section and section (Modification by order under other enactments) referred to as "the 1973 Act"),
(b) the expression "merger reference" included a reference under section (References to the Competition Commission) above,
(c) in section 70 of the 1973 Act references to the Secretary of State were to the Commission and the reference to three months were to six months,
(d) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions in relation to a reference under section (References to the Competition Commission) above.
(2) The provisions are—
(a) sections 70, 85 and 93B of the 1973 Act (time limit for report; witnesses and documents; and penalties for false or misleading information),
(b) section 24 of the Competition Act 1980 (modification of provisions about the Competition Commission's general functions),
(c) Part II of Schedule 7 to the Competition Act 1998 (the Competition Commission's general functions).
(3) Section 82 of the 1973 Act (general provisions as to reports) shall apply to reports of the Competition Commission on references under section (References to the Competition Commission) above as it applies to reports of the Competition Commission under that Act.
(4) The provisions listed in subsection (5) shall apply to the exercise by the Competition Commission of its functions under section (Power of veto of the Competition Commission) above as if—
(a) in section 85 of the 1973 Act references to any investigation on a reference made to the Competition Commission under that Act were references to any investigation for the purposes of section (Power of veto of the Competition Commission) above,
(b) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions under section (Power of veto of the Competition Commission) above.
(5) The provisions are—
(a) sections 85 and 93B of the 1973 Act (witnesses and documents and penalties for false or misleading information),
(b) section 24 of the Competition Act 1980 (modification of provisions about the Competition Commission's general functions),
(c) Part II of Schedule 7 to the Competition Act 1998 (the Competition Commission's general functions).'.
Modification by order under other enactments
Mr Alan Johnson
NC13
To move the following Clause:—
'.—(1) This section applies if—
(a) the Secretary of State by order exercises any of the powers specified in Parts I and II of Schedule 8 to the 1973 Act, and
(b) the first or second requirement (set out below) is satisfied.
(2) The first requirement is that—
(a) the circumstances are as mentioned in section 56(1) of the 1973 Act (order on report on monopoly reference), and
(b) the monopoly situation exists in relation to the provision of postal services.
(3) The second requirement is that the circumstances are as mentioned in section 73(1) of the 1973 Act (order on report on merger reference) and—
(a) at least one of the two or more enterprises which ceased to be distinct enterprises was engaged in the provision of postal services, or
(b) at least one of the two or more enterprises which would cease to be distinct enterprises (in the application of section 73(1) of the 1973 Act by virtue of section 75(4)(e) of that Act) is engaged in the provision of postal services.
(4) The order mentioned in subsection (1) may also provide for the modification of the conditions of a licence to such extent as the Secretary of State considers necessary or expedient to give effect to or take account of any provision made by the order.
(5) As soon as practicable after making modifications under this section the Secretary of State shall send a copy of the modifications to the licence holder, the Commission and the Council.
(6) Expressions used in this section and the 1973 Act have the same meanings in this section as in that Act.'.
Directors' remuneration
Mr Alan Johnson
NC14
To move the following Clause:—
'.—(1) This section applies to any licence holder which is a company.
(2) As soon as practicable after the end of each financial year of the company it shall make a statement to the Commission—
(a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3), and
(b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.
(3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors to standards of performance—
(a) specified for the company in its licence, or determined for the company by or under the licence, or
(b) set or agreed to by the company,
in relation to the provision of services authorised or required by the licence.
(4) A description under subsection (2)(b) shall include—
(a) a statement of when the arrangements were made,
(b) a description of the standards of performance in question,
(c) an explanation of the means by which the standards of performance are assessed, and
(d) an explanation of how the remuneration was calculated.
(5) The statement required by subsection (2) shall also state—
(a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3),
(b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,
and if there are, or it is intended that there will be, such arrangements in force the statement shall describe those arrangements.
(6) A description under subsection (5) shall—
(a) include the matters mentioned in subsection (4)(a) to (c), and
(b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.
(7) The statement required by subsection (2) shall be made to the Commission in such manner as may be required by the Commission.
(8) The statement required by subsection (2)—
(a) shall be published by the company making the statement in such manner as it considers will secure adequate publicity for the statement, and
(b) may be published by the Commission in such manner as it may consider appropriate.
(9) The duty of a company under this section applies in relation to any person who has at any time been a director of the company.
(10) In this section—
"company" means a company within the meaning of the Companies Act 1985 , or the Companies (Northern Ireland) Order 1986 , which is limited by shares,
"remuneration" in relation to a director of a company—
(a) means any form of payment, consideration or other benefit (including pension benefit) paid or due to or in respect of the director, and
(b) includes remuneration in respect of any of his services while a director of the company.'
Shadow directors
Mr Alan Johnson
NC15
To move the following Clause:—
'.—(1) For the purposes of the provisions of the Companies Act 1985 listed in subsection (2) neither the Treasury nor the Secretary of State shall be regarded as a shadow director of the Post Office company.
(2) The provisions are—
(a) section 288 (register of directors),
(b) section 305 (directors' names on correspondence etc),
(c) section 317 (disclosure of interests in contracts),
(d) section 320 (transactions involving directors),
(e) section 323 (prohibition on dealing in share options),
(f) section 324 (disclosure of shareholdings),
(g) section 325 (register of directors' interests), and
(h) section 330 (restriction on loans).'.
Restrictions on use of sums from the disposal of property
Mrs Angela Browning
Mr Alan Duncan
Mr Nick Gibb
NC1
To move the following Clause:—
'.—The Post Office company shall not use sums from the disposal of property transferred under section 51(1) for the purpose of subscription for, or acquisition of, securities of an incorporated company or other body corporate, promotion of the formation of an incorporated company or participation in the promotion of such a company or acquisition of an undertaking or part of an undertaking.'.
Reasonable excuse: meaning
Mrs Angela Browning
Mr Alan Duncan
Mr Nick Gibb
NC2
To move the following Clause:—
'.—In sections 68 and 69 reasonable excuse includes intentionally delaying or opening a postal packet in the course of its transmission by post—
(a) pursuant to a request from any constable or the Commissioners of Customs and Excise, or
(b) if a person reasonably suspects that the postal packet contains goods which may be illegal.'.
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