|
Ms Secretary Hewitt
187
Page 237 [Schedule 11], leave out lines 32 and 33 and insert 'for the words from the beginning to "suitable" there is substituted "There are to be members of the Commission appointed by the Secretary of State to form a panel of persons available".'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
14
Page 131, line 22 [Clause 181], at end insert—
'(1A) An individual is only guilty of an offence under subsection (1) if he dishonestly agrees with one or more other persons to make or implement or cause to be made or implemented agreements which fall within section 2 of the 1998 Act and do not meet the criteria in section 9 of the 1998 Act'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
209
Page 132, line 6 [Clause 181], at end insert 'and evidence that in circumstances where subsection (a) applies a bid made by A is abnormally low shall be evidence of "bid-rigging arrangements".'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
15
Page 132, line 10 [Clause 181], at end insert—
'(8) It shall be a defence to the offence in section 179(1), if the arrangements in question:
| (a) | contribute to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not: |
| (b) | impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives; |
| (c) | do not afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
16
Page 132, line 10 [Clause 181], at end insert—
'(9) This section shall not enter into force until three years after the entry into force of the European Commission's reforms of Community competition law.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
17
Page 133, line 3 [Clause 183], leave out 'to imprisonment for a term not exceeding 5 years or'.
Ms Secretary Hewitt
93
Page 134, line 9 [Clause 186], at end insert—
'() A notice under subsection (1) or (2) must indicate—
| (a) | the subject matter and purpose of the investigation; and |
| (b) | the nature of the offences created by section 194.'. |
Ms Secretary Hewitt
94
Page 134, line 11 [Clause 187], leave out 'court' and insert 'High Court, or, in Scotland, by the procurator fiscal to the sheriff,'.
Ms Secretary Hewitt
95
Page 134, line 12 [Clause 187], after 'judge' insert 'or the sheriff'.
Ms Secretary Hewitt
96
Page 135, line 3 [Clause 187], leave out subsection (5).
Ms Secretary Hewitt
97
Page 138, line 41 [Clause 194], leave out '7' and insert '5'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
74
Page 144, line 22, leave out Clause 199.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
317
*Page 145, line 15 [Clause 200], after 'rules' insert 'and Articles 3 and 4 of the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000, which provide for the exclusion from the Chapter 1 prohibition in cases involving vertical agreements.'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
| Dr Vincent Cable | Alastair Carmichael | Dr John Pugh
|
195
Page 147, line 4 [Clause 204], after '(2)', add 'or (2A) or (2B)'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
| Dr Vincent Cable | Alastair Carmichael | Dr John Pugh
|
196
Page 147, line 26 [Clause 204], at end add—
'(2A) An act or omission or course of conduct falls within this subsection if it amounts to the abuse by the person in question ("the supplier") of his superior knowledge or bargaining strength so that he:
| (a) | unfairly induces consumers to enter into transactions which are not the result of free and informed decisions; or |
| (b) | unfairly hinders consumers from enforcing rights under any consumer transaction. |
(2B) In considering whether an act, omission or course of conduct amounts to an abuse under subsection 2A, the court shall take into account all the circumstances, including the nature of the goods or services in question, the nature and extent of any commitments undertaken by the consumers in question and any lack of good faith on the part of the supplier, and the court may have regard to:
| (a) | any representation made by the supplier, or failure to disclose information, which unreasonably prevents consumers from making adequate price or value comparisons between competing suppliers; |
| (b) | any exploitation by the supplier of consumers' inability to make free and informed decisions, or to enforce rights under contracts, because of physical or mental infirmity, inability to understand the language of the transaction or other vulnerability; |
| (c) | any failure by the supplier to comply with a consumer code of practice (as defined in section 8(4) of this Act) which he claims to follow; |
| (d) | any act or omission by the supplier which causes any unreasonable expense of time or money by consumers pursuing legitimate complaints or rights under contracts entered into with the supplier; and |
| (e) | any failure to keep consumers reasonably informed about matters relating to a contract for supply of services, or which might affect a decision whether or not to change suppliers.'. |
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
320
*Page 158, line 36 [Clause 222], leave out from the beginning to 'Act' and insert 'Before the coming into force of this part of the'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
75
Page 167, line 6, leave out Clause 242.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
79
Page 243, line 13 [Schedule 16], after 'company', insert 'and the whole or part of its business'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
80
Page 243, line 14 [Schedule 16], after 'not', insert 'in his opinion'.
Mr John Whittingdale
Mr Nigel Waterson
Mr Charles Hendry
Mr Andrew Lansley
Mr Jonathan Djanogly
Mr Mark Field
81
Page 243, line 18 [Schedule 16], after 'not', insert 'in his opinion'.
Ms Secretary Hewitt
99
Page 243, line 34 [Schedule 16], after '96', insert 'and 99 to 101A'.
Ms Secretary Hewitt
100
Page 243, line 34 [Schedule 16], leave out 'the replacement of' and insert 'replacement and additional'.
Ms Secretary Hewitt
101
Page 243, line 41 [Schedule 16], at end insert—
| '7A | (1) | A person may not be appointed as administrator of a company which— |
(a) has a liability in respect of a deposit which it accepted in accordance with the Banking Act 1979 (c.37) or 1987 (c.22), but
(b) is not an authorised deposit taker.
| (2) | A person may not be appointed as administrator of a company which effects or carries out contracts of insurance. |
| (3) | But sub-paragraph (2) does not apply to a company which— |
(a) is exempt from the general prohibition in relation to effecting or carrying out contracts of insurance, or
(b) is an authorised deposit taker effecting or carrying out contracts of insurance in the course of a banking business.
"authorised deposit taker" means a person with permission under Part IV of the Financial Services and Markets Act 2000 (c.8) to accept deposits, and"the general prohibition" has the meaning given by section 19 of that Act.
| (5) | This paragraph shall be construed in accordance with— |
(a) section 22 of the Financial Services and Markets Act 2000 (classes of regulated activity and categories of investment),
(b) any relevant order under that section, and
(c) Schedule 2 to that Act (regulated activities).'.
|
