| Amendments proposed to the Enterprise Bill - continued | House of Commons |
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Mr John Whittingdale 66 *Clause 40, page 26, line 7, leave out from '56' to end of line 8.
Mr John Whittingdale 67 *Clause 78, page 57, line 30, after 'undertakings', insert ', but no such undertaking may be accepted from persons other than one who is a party or is a member of the same group of companies as a party to the merger or anticipated merger in question'.
Mr John Whittingdale 68 *Clause 80, page 58, line 28, after 'section', insert ', but no such order may be made against any person other than one who is party or is a member of the same group of companies as a party to the merger or anticipated merger in question'.
Mr John Whittingdale 34 Page 91, line 1, leave out Clause 124.
Mr John Whittingdale 35 Clause 129, page 94, line 23, leave out 'two years' and insert '12 months'.
Mr John Whittingdale 28 Clause 12, page 6, line 5, leave out 'Secretary of State' and insert 'Lord Chancellor'.
Mr John Whittingdale 29 Clause 12, page 6, line 7, leave out 'Secretary of State' and insert 'Lord Chancellor'.
Mr John Whittingdale 27 Page 5, line 38, leave out Clause 12.
Mr John Whittingdale 48 Schedule 2, page 184, line 29, leave out 'or any other relevant law and practice' and insert 'or commercial competition economics or business experience'.
Mr John Whittingdale 53 Clause 14, page 6, line 33, leave out from 'exercisable' to 'House' in line 34 and insert 'by affirmative resolution of both Houses of Parliament'.
Mr John Whittingdale 49 Schedule 3, page 186, line 25, leave out 'shall have regard to the need for excluding, so far as practicable' and insert 'shall exclude'.
Mr John Whittingdale 50 Schedule 3, page 186, line 27, leave out 'in its opinion'.
Mr John Whittingdale 51 Schedule 3, page 186, line 29, leave out 'in its opinion'.
Mr John Whittingdale 52 Schedule 3, page 186, line 33, leave out 'in its opinion'.
Mr John Whittingdale 54 Page 7, line 1, leave out Clause 15.
Mr John Whittingdale 43 Clause 233, page 163, line 19, leave out 'he thinks are appropriate' and insert 'are necessary'.
Mr John Whittingdale 42 Clause 233, page 163, line 38, at end add—'(10) No disclosure may be made under this section unless 28 days notice of the intention to make such disclosure has been given to any person likely to be affected by such disclosure.'.
Mr John Whittingdale 44 Clause 245, page 171, line 33, leave out 'one year' and insert 'two years'.
Mr John Whittingdale 45 Clause 267, page 181, line 9, at end add—'(2) Parts 3, 4, 5, 6 and 7 of this Act shall not come into force before 1st March 2005'.
NEW CLAUSESDamages
Mr John Whittingdale NC1 *To move the following Clause:—'(1) A claim for damages may be made to the High Court or any county court in respect of a domestic infringement. (2) Damages may be awarded in respect of a domestic infringement only if the first or second conditions are satisfied. (3) The first condition is that the act or omission gives rise to an action for—
Claims on behalf of consumers
Mr John Whittingdale NC2 *To move the following Clause:—'(1) A claim may be made under section [Damages] by a specified body on behalf of two or more individuals who have claims under that section as consumers and in respect of the same infringements. (2) A claim may be made on behalf of an individual only with his consent. (3) If two or more individuals have made a claim as consumers under section [Damages] in respect of the same infringement, a specified body may with the consent of each individual continue the claim on their behalf. (4) In deciding any claim made or continued under section [Damages] by virtue of this section, the court may award damages to an individual on whose behalf a claim is made or continued. (5) An individual claims as a consumer if the claim is in respect of an infringement affecting (whether directly or indirectly) goods or services to which subsection (6) applies. (6) This subsection applies to goods or services which—
(9) An application by a body to be specified in an order under this section is to be made in a form approved by the Secretary of State for the purpose. (10) The power to make an order under this section is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.'.
Rules of Court
Mr John Whittingdale NC3 *To move the following Clause:—'The following shall be inserted in Schedule 1 to the Civil Procedure Rules 1997 (civil procedure rules) after paragraph 7—
Prohibition
Mr John Whittingdale NC4 *To move the following Clause:—'In connection with commercial dealings no trader shall engage in conduct which is misleading or deceptive.'.
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEEThe Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 15th April (Sessional Order C relating to Programming):That— (1) during proceedings on the Enterprise Bill the Standing Committee do meet on Tuesdays at 10.30 a.m. and at 4.30 p.m., on Thursdays at 9.30 a.m. and between 2.30 p.m. and 5 p.m. and on Wednesday 1st May at 10.30 a.m. and between 4.30 p.m. and 7 p.m., except that on Tuesday 30th April the Committee shall not meet at 10.30 a.m. and on Thursday 2nd May the Committee shall not meet; (2) the proceedings shall be taken in the following order, namely Clause 1, Schedule 1, Clauses 2 to 11, Clause 196, Clauses 16 to 18, Clauses 179 to 195, Clause 198, Clauses 200 and 201, Schedule 13, Clauses 202 to 226, Clauses 20 to 66, Schedule 5, Clauses 67 to 81, Schedule 6, Clause 82, Schedule 7, Clauses 83 to 86, Schedule 9, Clauses 87 to 160, Schedule 8, Clauses 161 to 174, Clause 197, Clause 199, Clause 175, Schedule 10, Clauses 176 to 177, Schedule 11, Clause 178, Schedule 12, Clause 12, Schedule 2, Clauses 13 and 14, Schedule 3, Clause 15, Clause 19, Schedule 4, Clauses 227 and 228, Schedule 14, Clauses 229 to 231, Schedule 15, Clauses 232 to 239, Schedules 16 and 17, Clauses 240 and 241, Schedule 18, Clauses 242 to 245, Schedule 19, Clause 246, Schedules 20 and 21, Clauses 247 to 252, Schedule 22, Clauses 253 to 257, Schedule 23, Clauses 258 to 264, Schedule 24, Clauses 265 and 266, Schedules 25 and 26, Clauses 267 to 269, New Clauses and New Schedules; (3) the proceedings on Clause 1, Schedule 1, Clauses 2 to 11, Clause 196, Clauses 16 to 18, Clauses 179 to 195, Clause 198, Clauses 200 and 201, Schedule 13 and Clauses 202 to 226 shall (so far as not previously concluded) be brought to a conclusion at 9.55 p.m. on Tuesday 23rd April. (4) the proceedings on Clauses 20 to 66, Schedule 5, Clauses 67 to 81, Schedule 6, Clause 82, Schedule 7, Clauses 83 to 86, Schedule 9, Clauses 87 to 160, Schedule 8, Clauses 161 to 174, Clause 197, Clause 199, Clause 175, Schedule 10, Clauses 176 and 177, Schedule 11, Clause 178, Schedule 12, Clause 12, Schedule 2, Clauses 13 and 14, Schedule 3, Clause 15, Clause 19 and Schedule 4 shall (so far as not previously concluded) be brought to a conclusion at 1 p.m. on Wednesday 1st May; (5) the proceedings on Clauses 227 and 228, Schedule 14, Clauses 229 to 231, Schedule 15 and Clauses 232 to 238 shall (so far as not previously concluded) be brought to a conclusion at 7 p.m. on Wednesday 1st May; (6) the proceedings on Clause 239, Schedules 16 and 17, Clauses 240 and 241, Schedule 18, Clauses 242 to 245, Schedule 19, Clause 246, Schedules 20 and 21, Clauses 247 to 252, Schedule 22, Clauses 253 to 257, Schedule 23 and Clauses 258 to 260 shall (so far as not previously concluded) be brought to a conclusion at 5 p.m. on Thursday 9th May; (7) the remaining proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 7 p.m. on Tuesday 14th May. Miss Melanie Johnson has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June 2001)].
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