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65

Page 71, line 21, after ("appeal") insert ("or any part of it").


66

Page 71, line 25, leave out ("or make") and insert--


("(d) give such directions, or take such other steps, as the Director could himself have given or taken, or
(e) make").
67

Page 71, line 28, at end insert--


("( ) If the tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.").

20 Oct 1998 : Column 1387


68

Page 71, line 42, leave out ("Council") and insert ("Competition Commission").


69

Page 72, line 40, leave out ("also").


70

Page 72, line 47, at end insert--


("( ) as to the evidence which may be required or admitted in proceedings before the tribunal and the extent to which it should be oral or written;
( ) allowing the tribunal to fix time limits with respect to any aspect of the proceedings before it and to extend any time limit (whether or not it has expired);").
71

Page 73, line 15, at end insert--


("( ) A person who without reasonable excuse fails to comply with--
(a) any requirement imposed by virtue of sub-paragraph (1)(c), or
(b) any requirement with respect to the disclosure, production, recovery or inspection of documents which is imposed by virtue of sub-paragraph (1)(e),
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.").
72

Page 73, line 32, at end insert--


("( ) Any sums received in consequence of rules under this paragraph are to be paid into the Consolidated Fund.").
73

Page 74, line 6, at end insert--


("( ) Rules may also make provision giving the tribunal powers similar to those given to the Director by section 36.").
74

Schedule 9, page 74, leave out lines 21 to 24.


75

Page 75, line 20, at end insert--


("( ) In this paragraph "decision" means a decision of the Director (whether or not made on an application)--
(a) as to whether or not an agreement has infringed the Chapter I prohibition, or
(b) as to whether or not conduct has infringed the Chapter II prohibition,
and, in the case of an application for a decision under section 14 which includes a request for an individual exemption, includes a decision as to whether or not to grant the exemption.").
76

Page 76, leave out lines 42 to 46.

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 55 to 76 en bloc. They have been spoken to with Amendments Nos. 1, 6, 30, 50 and 54.

Moved, That the House do agree with the Commons in their Amendments Nos. 55 to 76.--(Lord McIntosh of Haringey.)

On Question, Motion agreed to.

COMMONS AMENDMENT

77

Schedule 10, page 77, line 32, after ("above") insert ("("a general matter")").

Lord Simon of Highbury: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 77 and speak to Amendments Nos. 78 to 80. It would be convenient also to consider Amendments Nos. 90 and 109.

20 Oct 1998 : Column 1388

These are technical amendments to Schedule 10 with a related repeal in Schedule 14 modifying the textual amendments that Schedule 10 makes to the Telecommunications Act 1984.

Moved, That the House do agree with the Commons in their Amendment No. 77.--(Lord Simon of Highbury.)

Lord Kingsland: My Lords, the Minister said that Amendments Nos. 77 to 80 were technical amendments, and so, in a sense, they are. There is one matter there, however, which may or may not be a cause of concern, depending upon how the noble Lord answers my question.

The noble Lord will recall that in the Committee and Report stages of this Bill a great deal of energy and effort was devoted to the question of the bridge between the Bill and the regulatory regime, in particular in relation to telecommunications. On one construction of the amendments in another place it seems to me that it could be argued that the bridge had been reintroduced, this time not with the Bill itself but with the 1973 Act.

It is important to be clear about this. If the amendments are simply saying that the subject matter of the purposes of the regulatory regime can be dealt with in both jurisdictions, that seems to be quite acceptable; but what would not be acceptable, and indeed not consistent with what the noble Lord decided in relation to the Bill, would be for the regulatory purposes of the regulatory regime to be reintroduced into the competition regime. I would be very grateful if the noble Lord would clarify that point.

Lord Simon of Highbury: My Lords, I understand that concerns have been raised that the wording that Amendments Nos. 77 and 78 add to the new subsection (3C), which the Bill already inserts in the Telecommunications Act, might in some way be interpreted as altering and extending the ability of the Director-General of Telecommunications to have regard to the subject matter of his statutory duties when exercising concurrent functions under the Fair Trading Act. I do not accept that this is the effect of the provision as drafted. Deliberately, there is nothing in the wording which imposes any duty in respect of or suggests that particular regard should be had to these general matters. Either would be a clear departure from the present position.

I am happy, however, to put on record that it is not the intention to alter the present ability of the Secretary of State or the Director-General of Telecommunications to have regard to the subject matter of the Telecommunications Act duties when, for example, the Director is exercising concurrent functions under the Fair Trading Act, and in particular not to alter that ability in a way which overrides or downplays any other relevant duty. It is the intention to make sure that both may continue to have regard to such subject matter, if it is relevant in the fulfilment of the function.

Moved, That the House do agree with the Commons in their Amendment No. 77.--(Lord Simon of Highbury.)

On Question, Motion agreed to.

20 Oct 1998 : Column 1389

COMMONS AMENDMENTS


78

Schedule 10, Page 77, line 33, after ("function") insert ("; but that is not to be taken as implying that, in relation to any of the matters mentioned in subsection (3) or (3A) above, regard may not be had to any general matter.").


79

Page 77, line 33, at end insert--


("( ) Section 50 is amended as follows.").
80

Page 77, line 34, leave out ("In section 50").


81

Page 77, line 48, at end insert--


("( ) In subsection (4), omit paragraph (c) and the "and" immediately after it.").
82

Page 78, line 38, after ("(5)") insert ("--


(a)").
83

Page 78, line 39, at end insert--


("(b) after paragraph (b), insert "and";
(c) omit paragraph (d) and the "and" immediately before it.").
84

Page 79, line 38, at end insert--


("( ) In subsection (4), omit paragraph (c) and the "and" immediately after it.").
85

Page 80, line 33, at end insert--


("( ) In subsection (5), omit "or in subsection (3) above".
( ) In subsection (6), omit "or in subsection (3) above".").
86

Page 81, line 19, at end insert--


("( ) In subsection (4), omit paragraph (c) and the "and" immediately after it.").
87

Page 82, line 17, at end insert--


("( ) In paragraph (4), omit sub-paragraph (c) and the "and" immediately after it.").
88

Page 83, line 5, after ("(4)") insert ("--


(a)").
89

Page 83, line 6, at end insert--


("(b) after sub-paragraph (b) insert "and";
(c) omit sub-paragraph (d) and the "and" immediately before it.").
90

Page 84, line 19, at end insert--


("( ) In section 95 (modification by orders under other enactments)--
(a) in subsection (1), omit "or section 10(2)(a) of the 1980 Act";
(b) in subsection (2)--
(i) after paragraph (a) insert "or";
(ii) omit paragraph (c) and the "or" immediately before it;
(c) in subsection (3), omit "or the 1980 Act".").

Lord McIntosh of Haringey: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 78 to 90.

These amendments were spoken to with Amendments Nos. 35 and 77.

Moved, That the House do agree with the Commons in their Amendments Nos. 78 to 90.--(Lord McIntosh of Haringey.)

On Question, Motion agreed to.


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