Postal Services Bill - continued        House of Lords
PART II, LICENCES FOR POSTAL SERVICES - continued
Modification of licences - continued

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Procedural requirements in relation to modifications.     19. - (1) A notice under section 17(3) shall state-
 
 
    (a) that the Commission proposes to make the modifications,
 
    (b) the effect of the modifications,
 
    (c) the reasons for the modifications, and
 
    (d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
      (2) Such a notice shall be given by-
 
 
    (a) serving a copy of the notice on the licence holder, and
 
    (b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
      (3) A notice under section 17(4) shall state-
 
 
    (a) that the Commission proposes to make the modifications,
 
    (b) the effect of the modifications, and
 
    (c) the reasons for the modifications.
      (4) The Commission shall include with such a notice-
 
 
    (a) a copy of any representations made in accordance with the notice under section 17(3) and not withdrawn, and
 
    (b) such information (including information about any change in circumstances since the report was made) as the Commission considers it desirable for the Competition Commission to have.
      (5) As soon as practicable after making modifications under section 17 the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.
 
      (6) The Competition Commission shall give notice of any direction given by it under section 18(2).
 
      (7) The notice shall state-
 
 
    (a) the modifications proposed by the Commission,
 
    (b) the terms of the direction, and
 
    (c) the reasons for giving it.
      (8) Before making modifications under section 18(5) the Competition Commission shall-
 
 
    (a) give notice of the modifications, and
 
    (b) consider any representations made in accordance with the notice and not withdrawn.
      (9) The notice shall state-
 
 
    (a) that the Competition Commission proposes to make the modifications,
 
    (b) the effect of the modifications,
 
    (c) the reasons for the modifications, and
 
    (d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
      (10) A notice under subsection (6) or (8) shall be given by-
 
 
    (a) serving a copy of the notice on the licence holder, the Commission and the Secretary of State, and
 
    (b) publishing the notice in such manner as the Competition Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
      (11) As soon as practicable after making modifications under section 18(5) the Competition Commission shall send a copy of the modifications to the licence holder, the Commission, the Council and the Secretary of State.
 
Application of competition legislation to references etc.     20. - (1) The provisions listed in subsection (2) shall apply to references under section 15 as if-
 
 
    (a) the functions of the Competition Commission in relation to those references were functions under the Fair Trading Act 1973 (in this section and section 21 referred to as "the 1973 Act"),
 
    (b) the expression "merger reference" included a reference under section 15 above,
 
    (c) in section 70 of the 1973 Act references to the Secretary of State were to the Commission and the reference to three months were to six months,
 
    (d) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions in relation to a reference under section 15 above.
      (2) The provisions are-
 
 
    (a) sections 70, 85 and 93B of the 1973 Act (time limit for report; witnesses and documents; and penalties for false or misleading information),
 
    (b) section 24 of the Competition Act 1980 (modification of provisions about the Competition Commission's general functions),
 
    (c) Part II of Schedule 7 to the Competition Act 1998 (the Competition Commission's general functions).
      (3) Section 82 of the 1973 Act (general provisions as to reports) shall apply to reports of the Competition Commission on references under section 15 above as it applies to reports of the Competition Commission under that Act.
 
      (4) The provisions listed in subsection (5) shall apply to the exercise by the Competition Commission of its functions under section 18 above as if-
 
 
    (a) in section 85 of the 1973 Act references to any investigation on a reference made to the Competition Commission under that Act were references to any investigation for the purposes of section 18 above,
 
    (b) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions under section 18 above.
      (5) The provisions are-
 
 
    (a) sections 85 and 93B of the 1973 Act (witnesses and documents and penalties for false or misleading information),
 
    (b) section 24 of the Competition Act 1980 (modification of provisions about the Competition Commission's general functions),
 
    (c) Part II of Schedule 7 to the Competition Act 1998 (the Competition Commission's general functions).
Modification by order under other enactments.     21. - (1) This section applies if-
 
 
    (a) the Secretary of State by order exercises any of the powers specified in Parts I and II of Schedule 8 to the 1973 Act, and
 
    (b) the first or second requirement (set out below) is satisfied.
      (2) The first requirement is that-
 
 
    (a) the circumstances are as mentioned in section 56(1) of the 1973 Act (order on report on monopoly reference), and
 
    (b) the monopoly situation exists in relation to the provision of postal services.
      (3) The second requirement is that the circumstances are as mentioned in section 73(1) of the 1973 Act (order on report on merger reference) and-
 
 
    (a) at least one of the two or more enterprises which ceased to be distinct enterprises was engaged in the provision of postal services, or
 
    (b) at least one of the two or more enterprises which would cease to be distinct enterprises (in the application of section 73(1) of the 1973 Act by virtue of section 75(4)(e) of that Act) is engaged in the provision of postal services.
      (4) The order mentioned in subsection (1) may also provide for the modification of the conditions of a licence to such extent as the Secretary of State considers necessary or expedient to give effect to or take account of any provision made by the order.
 
      (5) As soon as practicable after making modifications under this section the Secretary of State shall send a copy of the modifications to the licence holder, the Commission and the Council.
 
      (6) Expressions used in this section and the 1973 Act have the same meanings in this section as in that Act.
 
 
Enforcement orders
Final orders.     22. - (1) If the Commission is satisfied that a licence holder-
 
 
    (a) is contravening any condition of his licence, or
 
    (b) is likely to contravene any such condition,
       the Commission shall by order make such provision as is needed for the purpose of securing compliance with the condition.
 
      (2) An order under subsection (1)-
 
 
    (a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified,
 
    (b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and
 
    (c) may be revoked at any time by the Commission.
      (3) An order under subsection (1) shall have effect until such time (if any) as the Commission revokes it.
 
      (4) This section is subject to section 25.
 
      (5) In this Act "final order" means an order under this section.
 
Provisional orders.     23. - (1) If-
 
 
    (a) the Commission is not satisfied that a licence holder is contravening any condition of his licence or is likely to contravene any such condition, but
 
    (b) the requirements in subsection (2) are met,
       the Commission shall by order make such provision as it considers is needed for the purpose of securing compliance with the licence condition.
 
      (2) The requirements are that it appears to the Commission-
 
 
    (a) that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and
 
    (b) that an order under subsection (1) is needed.
      (3) In deciding whether an order under subsection (1) is needed the Commission shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage as a result of anything likely to be done or omitted in contravention of the licence condition before a final order may be made.
 
      (4) An order under subsection (1)-
 
 
    (a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified,
 
    (b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and
 
    (c) may be revoked at any time by the Commission.
      (5) An order under subsection (1) shall, subject to any earlier revocation by the Commission, have effect for such period not exceeding three months as is determined by or under the order and which starts when the order takes effect.
 
      (6) An order under subsection (1) shall not be made in any case where a previous such order has been made in respect of the same contravention or apprehended contravention by the licence holder.
 
      (7) This section is subject to section 25.
 
      (8) In this Act "provisional order" means an order under this section.
 
Confirmation of provisional orders.     24. - (1) The Commission shall confirm a provisional order (with or without modifications) if-
 
 
    (a) it is satisfied that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and
 
    (b) it considers that confirmation of the order (with any modifications) is needed for the purpose of securing compliance with the condition.
      (2) Where the Commission confirms a provisional order under subsection (1), the order continues to have effect until such time (if any) as the Commission revokes it.
 
      (3) This section is subject to section 25.
 
Exceptions from duty to make or confirm enforcement orders.     25. The Commission shall not make a final order or make or confirm a provisional order if it is satisfied that-
 
 
    (a) the duties imposed on it by sections 3 and 5 preclude it from doing so,
 
    (b) the licence holder has agreed to take and is taking all the steps that the Commission considers appropriate to secure or facilitate compliance with the condition concerned, or
 
    (c) the contraventions or apprehended contraventions are trivial.
 
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