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Ms Secretary Hewitt
323
Page 181, line 10 [Clause 263], leave out 'or cancel recognition' and insert 'recognition, or revoke an order of recognition under section 391(1) by a further order,'.
Ms Secretary Hewitt
374
*Page 304, line 10 [Schedule 24], at end insert—
| ' | (1) | Subject to sub-paragraph (2), the repeals made by section 200 do not affect— |
(a) the operation of Schedule 4 to the 1998 Act in relation to any application for designation of a professional rule which is made before the commencement date;
(b) the operation of section 3(1)(d) of and Schedule 4 to the 1998 Act in relation to any designation effected by an order made before the commencement date or on an application mentioned in paragraph (a).
| (2) | No designation order (whenever made) shall have any effect in relation to any period of time after the end of the transitional period. |
| (3) | Subject to sub-paragraph (2) a designation order may be made after the end of the transitional period on an application mentioned in sub-paragraph (1)(a). |
| (4) | For the purposes of this paragraph— |
"commencement date" means the day on which section 200 comes into force;"designation" means designation under paragraph 2 of Schedule 4 to the 1998 Act; and"the transitional period" means the period of three months beginning with the commencement date.'.
Ms Secretary Hewitt
188
Page 304, line 6 [Schedule 24], at end insert—
| | '8A | Any person who is a member of the Competition Commission appeal panel (but not a member of the panel of chairmen) immediately before the commencement of section 12 is on that date to become a member of the Competition Appeal Tribunal, on such terms and for such a period as the Secretary of State may determine. |
| | 8B | Any member of the Competition Commission appeal panel who is, immediately before the commencement of section 12, a member of the panel of chairmen under paragraph 26 of Schedule 7 to the 1998 Act is on that date to become a chairman of the Competition Appeal Tribunal, on such terms and for such a period as the Lord Chancellor may determine. |
| | 8C | Nothing in paragraph 7, 8, 8A or 8B applies to any person who, before the commencement of section 12, gives notice to the Secretary of State stating that he does not wish that paragraph to apply to him.'. |
Dr Vincent Cable
Mr Alastair Carmichael
Dr John Pugh
306
Page 183, line 33 [Clause 270], at end insert 'but no order made under subsection (1) may amend or alter or in any way affect Part 6.'.
Ms Secretary Hewitt
382
*Page 304, line 17 [Schedule 25], at end insert—
| A1 | (1) | The Registered Designs Act 1949 is amended as follows. |
| (2) | In section 11A(1) (powers exercisable in consequence of report of Competition Commission), paragraphs (a) and (b) shall cease to have effect. |
| (3) | After section 11A there is inserted— |
"11AB Powers exercisable following merger and market investigations (1) Subsection (2) below applies where—
| (a) | section 40(2), 54(2), 65(6), 72(2), 80(2), 132(2), 141(2) or 154(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following merger or market investigations) applies; |
| (b) | the Competition Commission or (as the case may be) the Secretary of State considers that it would be appropriate to make an application under this section for the purpose of remedying, mitigating or preventing a matter which cannot be dealt with under the enactment concerned; and |
| (c) | the matter concerned involves conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences. |
(2) The Competition Commission or (as the case may be) the Secretary of State may apply to the registrar to take action under this section.
(3) Before making an application the Competition Commission or (as the case may be) the Secretary of State shall publish, in such manner as it or he thinks appropriate, a notice describing the nature of the proposed application and shall consider any representations which may be made within 30 days of such publication by persons whose interests appear to it or him to be affected.
(4) The registrar may, if it appears to him on an application under this section that the application is made in accordance with this section, by order cancel or modify any condition concerned of the kind mentioned in subsection (1)(c) above.
(5) An appeal lies from any order of the registrar under this section.
(6) References in section 34, 35, 46, 62, 128 or 135 of the Enterprise Act 2002 (questions to be decided by the Competition Commission in its reports) to taking action under section 40(2), 54, 65, 132 or 141 shall include references to taking action under subsection (2) above.
(7) An order made by virtue of this section in consequence of action under subsection (2) above where an enactment mentioned in subsection (1)(a) above applies shall be treated, for the purposes of sections 88(3), 89(1)(a), 156(1) and 160(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc.), as if it were made under the relevant power in Part 3 or (as the case may be) 4 of that Act to make an enforcement order (within the meaning of the Part concerned)."'.
Ms Secretary Hewitt
383
*Page 304, line 19 [Schedule 25], at end insert—
| '(1A) | In section 19A (action following report by Commission)— |
(a) for subsection (1) there is substituted—
"(1) Subsection (2) applies in any of the following cases.
(1A) The first case is where section 132(2) of the Enterprise Act 2002 (duty to remedy adverse effects following market investigation reference) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.
(1B) The second case is where section 141(2) of the Enterprise Act 2002 (duty to remedy adverse effects in public interest cases) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.
(1C) The third case is where—
| (a) | a report of the Competition Commission under section 11 of the Competition Act 1980 (c.21) (references of public bodies etc.), as laid before Parliament, contains conclusions to the effect that— |
| (i) | certain matters indicated in the report operate against the public interest, and |
| (ii) | those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme, and |
| (b) | none of the conclusions is to be disregarded by virtue of section 11C(3) of that Act (requirement for two-thirds majority)."; |
| (i) | the words from the beginning of the subsection to "this section" shall cease to have effect; |
| (ii) | for the words from "those conclusions" to the end of the subsection there is substituted "a report of a committee of investigation had contained the conclusion that the provision of the scheme in question, or the act or omission in question, is contrary to the interests of consumers of the regulated product"; |
(c) after subsection (2) there is inserted—
"(3) An order made by virtue of this section in a case mentioned in subsection (1A) or (1B) shall be treated, for the purposes of sections 156(1) and 160(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc.), as if it were made under the relevant power in Part 4 of that Act to make an enforcement order (within the meaning of that Part).".
| (1B) | For the purposes of the Scotland Act 1998 (c.46) the amendments made by sub-paragraph (1A) shall be taken to be pre-commencement enactments within the meaning of that Act.'. |
Ms Secretary Hewitt
384
*Page 308, line 44 [Schedule 25], at end insert—
| 6A | (1) | The Patents Act 1977 is amended as follows. |
| (2) | After section 50 there is inserted— |
"50A Powers exercisable following merger and market investigations (1) Subsection (2) below applies where—
| (a) | section 40(2), 54(2), 65(6), 72(2), 80(2), 132(2), 141(2) or 154(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following merger or market investigations) applies; |
| (b) | the Competition Commission or (as the case may be) the Secretary of State considers that it would be appropriate to make an application under this section for the purpose of remedying, mitigating or preventing a matter which cannot be dealt with under the enactment concerned; and |
| (c) | the matter concerned involves— |
| (i) | conditions in licences granted under a patent by its proprietor restricting the use of the invention by the licensee or the right of the proprietor to grant other licences; or |
| (ii) | a refusal by the proprietor of a patent to grant licences on reasonable terms. |
(2) The Competition Commission or (as the case may be) the Secretary of State may apply to the comptroller to take action under this section.
(3) Before making an application the Competition Commission or (as the case may be) the Secretary of State shall publish, in such manner as it or he thinks appropriate, a notice describing the nature of the proposed application and shall consider any representations which may be made within 30 days of such publication by persons whose interests appear to it or him to be affected.
(4) The comptroller may, if it appears to him on an application under this section that the application is made in accordance with this section, by order cancel or modify any condition concerned of the kind mentioned in subsection (1)(c)(i) above or may, instead or in addition, make an entry in the register to the effect that licences under the patent are to be available as of right.
(5) References in section 34, 35, 46, 62, 128 or 135 of the Enterprise Act 2002 (questions to be decided by the Competition Commission in its reports) to taking action under section 40(2), 54, 65, 132 or 141 shall include references to taking action under subsection (2) above.
(6) Action taken by virtue of subsection (4) above in consequence of an application under subsection (2) above where an enactment mentioned in subsection (1)(a) above applies shall be treated, for the purposes of sections 88(3), 89(1)(a), 156(1) and 160(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc.), as if it were the making of an enforcement order (within the meaning of the Part concerned) under the relevant power in Part 3 or (as the case may be) 4 of that Act."
| (3) | In section 51(1) (powers exercisable in consequence of report of Competition Commission), paragraphs (a) and (b) shall cease to have effect. |
| (4) | In section 53(2) (statements in certain reports of the Competition Commission to be prima facie evidence of the matters stated) after "1980" there is inserted "or published under Part 3 or 4 of the Enterprise Act 2002".'. |
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