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Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
688
Schedule 18, page 508, line 39, at end insert 'or they have determined not to apply any SMP conditions to that person by reference to that market'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
689
Schedule 18, page 509, line 4, at end insert—
'(10) Immediately after the giving of a continuation notice by virtue of sub-paragraph (2)(b), OFCOM shall commence, and as expeditiously as reasonably practicable conclude, an analysis of the market referred to in sub-paragraph (4)(b), and shall determine whether or not to set SMP conditions under section 89 in relation to that market.'.
Mr Stephen Timms
Dr Kim Howells
669
Schedule 18, page 510, line 1, leave out 'requiring compliance by a' and insert 'of a licence under section 7 of the 1984 Act requiring compliance by the'.
Mr Stephen Timms
Dr Kim Howells
670
Schedule 18, page 513, line 37, after 'Act', insert '(except sections 184 and 185)'.
Mr Stephen Timms
Dr Kim Howells
671
Schedule 18, page 513, line 39, at end insert—
| | '( ) | Where OFCOM make a determination for resolving a dispute falling to be resolved in accordance with sub-paragraph (1)— |
(a) their powers on making that determination are to be those which would have been exercisable by the Director under those regulations (instead of those under Chapter 3 of Part 2);
(b) conditions of a licence under section 7 of the 1984 Act requiring compliance with directions given by the Director under regulation 6 of those regulations are to continue to have effect as if they also applied to directions given by OFCOM by virtue of paragraph (a); and
(c) paragraph 9 of this Schedule has effect as if the reference in sub-paragraph (1)(d) to directions given by the Director under that regulation included a reference to directions given by OFCOM by virtue of paragraph (a) of this sub-paragraph.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
690
Schedule 18, page 514, line 4, leave out from 'they' to end of line 6 and insert 'or the Director have, prior to the giving of the notice, identified the relevant market to which the direction relates for the purpose of making a market power determination.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
691
Schedule 18, page 514, line 9, at end insert—
'(6) A direction referred to in sub-paragraph (4) shall cease to have effect on the date on which any SMP conditions which relate to the relevant market to which the direction relates and which the Director or OFCOM have determined to apply come into effect, or on the date on which the Director or OFCOM determine not to apply any such conditions in relation to that market.'.
Mr Stephen Timms
Dr Kim Howells
445
Schedule 18, page 521, line 7, at end insert—
| 41A | (1) | Section 247(2B)(a) does not prevent the determination by OFCOM of a day falling less than one year after the making of the determination where— |
(a) OFCOM consider that the day by which they would need to publish a notice is a day which is not more than 15 months after the commencement date; and
(b) the determination of that day is made as soon as practicable after the commencement date.
| (2) | Where the day determined by OFCOM for the purposes of paragraph (b) of section 247(2A) is a day in the period of three months beginning with the day after the determination, that paragraph shall have effect as if for the words "three months before" there were substituted "on". |
| (3) | In this paragraph, the "commencement date" is the date on which section 247 comes into force. |
| 41B | (1) | A provision set out in sub-paragraph (2) does not prevent the determination by OFCOM of a date falling less than one year after the making of the determination where— |
(a) OFCOM consider that the relevant date for the purposes of the section in question is a date which is not more than 15 months after the commencement date; and
(b) the determination of the relevant date is made as soon as practicable after the commencement date.
| (2) | Those provisions are— |
(a) section 53(12) of the 1990 Act;
(b) section 103A(12) of the 1990 Act;
(c) section 104A(14) of the 1990 Act;
(d) section 16(12A) of the 1996 Act;
(e) section 58(12A) of the 1996 Act.
| (3) | An application which is made before the commencement date in accordance with a provision set out in sub-paragraph (5) shall be treated after that date as if it had been made in accordance with that provision as amended by this Act. |
| (4) | Where, in a case where a provision set out in sub-paragraph (5) applies, the relevant date for the purposes of the section in question is a date in the period of three months beginning with— |
(a) the commencement date, or
(b) the day after the day on which the relevant date is determined,
that provision shall have effect as if the words "the day falling three months before" were omitted.
| (5) | Those provisions are— |
(a) section 53(2) of the 1990 Act;
(b) section 103A(2) of the 1990 Act;
(c) section 104A(3) of the 1990 Act;
(d) section 16(3) of the 1996 Act;
(e) section 58(3) of the 1996 Act.
| (6) | In this paragraph, the "commencement date", in relation to any provision set out in sub-paragraph (2) or (5) is the date on which the provision of Schedule 15 inserting or amending that provision comes into force.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
270
Schedule 18, page 525, line 11, leave out 'and OFCOM'.
Mr Stephen Timms
Dr Kim Howells
381
Schedule 19, page 527, leave out lines 37 to 39.
Mr Stephen Timms
Dr Kim Howells
683
Schedule 19, page 529, line 29, column 2, at end insert—
| '( ) in paragraph 9(2), the words "section 11(1) of this Act,";'. |
Mr Stephen Timms
Dr Kim Howells
684
Schedule 19, page 529, line 32, column 2, at end insert—
| '( ) in paragraph 27(1), the words "section 109(2) or (3) of or".'. |
Mr Stephen Timms
Dr Kim Howells
617
Schedule 19, page 530, line 20, column 2, at beginning insert—
| 'In section 69(2), the word "or" at the end of paragraph (b). |
| In Schedule 2, the word "or" at the end of paragraph 17(2)(b).'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
45
Schedule 19, page 531, line 7, at end insert—
'Section 32(9).'.
Mr Stephen Timms
Dr Kim Howells
446
Schedule 19, page 531, line 19, column 2, at end insert—
Mr Stephen Timms
Dr Kim Howells
447
Schedule 19, page 532, line 6, column 2, after 'subsection (3),', insert 'the words "before the relevant date",'.
Mr Stephen Timms
Dr Kim Howells
448
Schedule 19, page 532, line 7, column 2, at end insert—
| ½ '(aa) | in subsection (8), the words from "(whether because" to "any other reason)";'. |
Nick Harvey
Mr Richard Allan
408
Schedule 19, page 533, leave out lines 28 to 30.
Nick Harvey
Mr Richard Allan
409
Schedule 19, page 533, line 31, leave out '(2) and'.
Nick Harvey
433
Schedule 19, page 533, line 32, leave out '(2) and (3)'.
Mr Andrew Lansley
170
Schedule 19, page 533, leave out line 40.
Mr Stephen Timms
Dr Kim Howells
449
Schedule 19, page 535, line 18, column 2, at end insert—
| | ½ 'In section 16(6), the words "before the relevant date".'. |
Mr Stephen Timms
Dr Kim Howells
450
Schedule 19, page 535, line 39, column 2, leave out 'Section 58(5).' and insert—
½ 'In section 58—
| (b) | in subsection (6), the words "before the relevant date".'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
692
Clause 393, page 336, line 23, at end insert 'and where in pursuance of such an order under section 395 any such function as is referred to in sub-paragraph (a) is carried out by the Director-General of Telecommunications or the Secretary of State, references in section 187 to OFCOM shall in relation to anything referred to in that section have effect as if they were references to the Director General of Telecommunications or the Secretary of State as the case may be.'.
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