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Page 47, line 23, leave out from ("unless") to end of line 36 and insert:
("(a) the percentage given by each of subsections (8) and (9) below is not less than 90 per cent;
(b) the percentage given by subsection (8) below is not less than 90 per cent and no relevant activities have been carried on by relevant licence holders; or
(c) subsection (9A) below applies.").

The noble Lord said: In speaking to Amendment No. 117, I should like to speak also to Amendment No. 119. These are technical amendments relating to the provisions in amended Section 23(7) which restrict the director's ability to modify the standard conditions of licences. I beg to move.

The Deputy Chairman of Committees (The Viscount of Oxfuird): I must advise the Committee that, if agreed to, this amendment pre-empts Amendment No. 118.

On Question, amendment agreed to.

[Amendment No. 118 not moved.]

Lord Inglewood moved Amendment No. 119:


Page 48, line 7, at end insert:
("(9A) This subsection applies where the Director is of the opinion—
(a) that the effect of the standard conditions is such as to impose a burden affecting relevant licence holders in the carrying on of activities to which the modifications relate;
(b) that the modifications would remove or reduce the burden without removing any necessary protection; and
(c) in the case of a licence under subsection (1) or (2) of section 7A above, that the modifications are such that no holder of such a licence would be unduly disadvantaged in competing with other holders of such licences.").

On Question, amendment agreed to.

28 Jun 1995 : Column 831

Lord Inglewood moved Amendment No. 120:


Page 48, line 7, at end insert:
("( ) Where at any time the Director modifies a standard condition under subsection (2) (a) above for the purposes of its incorporation in licences under section 7 or 7A(1) or (2) above granted after that time, he shall publish the modifications in such manner as he considers appropriate.").

The noble Lord said: In moving this amendment, I should like to speak also to Amendments Nos. 132 and 136. These are technical amendments which provide for the publication of modifications of standard conditions. I beg to move.

On Question, amendment agreed to.

Lord Inglewood moved Amendments Nos. 121 to 130:


Page 48, line 8, leave out ("the modification of a condition") and insert ("modifications of standard conditions").
Page 48, line 11, leave out ("modification") and insert ("modifications").
Page 48, line 14, leave out ("condition relates") and insert ("modifications relate").
Page 48, line 17, leave out ("modification") and insert ("modifications").
Page 48, line 19, leave out ("condition") and insert ("standard conditions").
Page 49, line 25, leave out ("condition") and insert ("conditions").
Page 49, line 30, leave out ("the modification of a relevant condition") and insert ("modification of relevant conditions").
Page 49, line 32, leave out ("condition") and insert ("conditions").
Page 49, line 40, leave out from ("subsection") to end of line 42 and insert ("(5) (a) of that section, for the words "such a report, send a copy of it to the public gas supplier" there shall be substituted the words "a report on a reference under section 24(1) above, send a copy of it to the licence holder".
( ) After that subsection there shall be inserted the following subsection—
"(5A) Subject to subsection (6) below, the Director shall—
(a) on receiving a report on a reference under section 24(1A) above, send a copy of it to the Secretary of State; and
(b) not less than 14 days after that copy is received by the Secretary of State—
(i) send another copy to the Council and to each relevant licence holder; and
(ii) not less than 24 hours after complying with sub-paragraph (i) above, publish the copy sent to the Council in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it."
( ) In subsection (6) of that section—
(a) after the words "subsection (5)" there shall be inserted the words "or (5A)"; and
(b) for the words from "the copy of the report" to the end there shall be substituted the words "the copy of the report, or (as the case may be) each copy of the report, to be sent and published as mentioned in paragraph (b) of that subsection".").
Page 50, line 2, leave out ("a standard condition") and insert ("standard conditions").
Page 50, line 6, leave out ("that condition for the purposes of its") and insert ("those conditions for the purposes of their").

On Question, amendments agreed to.

Lord Inglewood moved Amendment No. 131:


Page 50, line 11, at end insert:
("and the above reference to subsection (1) above is a reference to that subsection as it applies in relation to a report on a reference under section 24(1A) above"").

28 Jun 1995 : Column 832

The noble Lord said: This is a technical amendment which relates to circumstances when a particular licence is amended by the director following an MMC report. I beg to move.

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 132:


Page 50, line 14, at end insert:
("(4) After that subsection there shall be inserted the following subsection—
"(5) Where at any time the Director modifies a standard condition under subsection (1A) (a) above for the purposes of its incorporation in licences under section 7 or 7A(1) or (2) above granted after that time, he shall publish the modifications in such manner as he considers appropriate."").

On Question, amendment agreed to.

The Deputy Chairman of Committees: The Question is that Amendment No. 128A, which has been missed, be agreed to? As many as are of that opinion say "Content"—

Lord Inglewood moved Amendment No. 128A:


Page 49, line 40, leave out from ("subsection") to end of line 42 and insert ("(5) (a) of that section, for the words "such a report, send a copy of it to the public gas supplier" there shall be substituted the words "a report on a reference under section 24(1) above, send a copy of it to the licence holder".
( ) After that subsection there shall be inserted the following subsection—
"(5A) Subject to subsection (6) below, the Director shall—
(a) on receiving a report on a reference under section 24(1A) above, send a copy of it to the Secretary of State; and
(b) not less than 14 days after that copy is received by the Secretary of State—
(i) send another copy to the Council and to each relevant licence holder; and
(ii) not less than 24 hours after complying with sub-paragraph (i) above, publish the copy sent to the Council in such manner as he considers appropriate for bringing the report to the attention of persons likely to be affected by it."
( ) In subsection (6) of that section—
(a) after the words "subsection (5)" there shall be inserted the words "or (5A)"; and
(b) for the words from "the copy of the report" to the end there shall be substituted the words "the copy of the report, or (as the case may be) each copy of the report, to be sent and published as mentioned in paragraph (b) of that subsection".").

The noble Lord said: This is a technical amendment which is intended to bring the procedural treatment of MMC reports which have general application to licence holders into line with the treatment under the Fair Trading Act of MMC reports on other industries where competition is taking place. I beg to move.

Lord Skelmersdale: Although my noble friend has just moved this amendment, I am now totally confused because I had thought that earlier my noble friend moved Amendments Nos. 121 to 130 en bloc. Therefore, we are having a belt-and-braces exercise for which I do not see the need.

Lord Inglewood: If it is unnecessary, then it is unnecessary and if it is not necessary, I wish to move it.

On Question, amendment agreed to.

28 Jun 1995 : Column 833

Lord Inglewood moved Amendment No. 133:


Page 50, line 25, leave out ("a standard condition") and insert ("standard conditions").

On Question, amendment agreed to.

Lord Inglewood moved Amendment No. 134:


Page 50, line 29, leave out ("that condition for the purposes of its") and insert ("those conditions for the purposes of their").

On Question, amendment agreed to.


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