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Lord McIntosh of Haringey moved Amendments Nos. 170BP to 170BW:



    Page 157, line 31, leave out ("particulars described") and insert ("criteria mentioned").


    Page 157, leave out lines 32 to 41.

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    Page 157, line 42, leave out from ("Chapter") to end of line 45 and insert ("regulatory provisions or practices have a significantly adverse effect on competition if--


(a) they have, or are intended or likely to have, that effect; or
(b) the effect that they have, or are intended or likely to have, is to require or encourage behaviour which has, or is intended or likely to have, a significantly adverse effect on competition.
( ) If regulatory provisions or practices have, or are intended or likely to have, the effect of requiring or encouraging exploitation of the strength of a market position they are to be taken, for the purposes of this Chapter, to have an adverse effect on competition.").


    Page 158, line 1, leave out subsection (3).


    Page 158, line 8, leave out ("guidance has, or is") and insert ("regulatory provisions have, or are intended or").


    Page 158, line 9, leave out ("it is") and insert ("the provisions concerned are").


    Page 158, line 10, leave out ("it") and insert ("them").

On Question, amendments agreed to.

Clause 299 [Examination of rules and guidance]:

Lord McIntosh of Haringey moved Amendment No. 170BX:


    Leave out Clause 299.

On Question, amendment agreed to.

Clause 300 [Continuing scrutiny]:

Lord McIntosh of Haringey moved Amendment No. 170BY:


    Leave out Clause 300.

On Question, amendment agreed to.

Clause 301 [Initial report by Director General of Fair Trading]:

Lord McIntosh of Haringey moved Amendments Nos. 170C to 170CC:


    Page 159, line 13, leave out from ("284") to ("in") in line 14 and insert--


("( ) The Authority must send to the Director such information in its possession as a result of the application for recognition as it considers will assist him in discharging his functions").


    Page 159, line 16, leave out from ("must") to end of line 24 and insert ("issue a report as to whether--


(a) a regulatory provision of which a copy has been sent to him under subsection (1) has a significantly adverse effect on competition, or
(b) a combination of regulatory provisions so copied to him have such an effect.").


    Page 159, leave out lines 26 to 34 and insert ("significantly adverse effect on competition,").


    Page 159, line 35, at end insert--


("( ) When the Director issues a report under subsection (2), he must send a copy of it to the Authority, the Competition Commission and the Treasury.").

On Question, amendments agreed to.

Lord McIntosh of Haringey moved Amendment No. 170CD:


    After Clause 301, insert the following new clause--

FURTHER REPORTS BY DIRECTOR GENERAL OF FAIR TRADING

(".--(1) The Director must keep under review the regulatory provisions and practices of recognised bodies.

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(2) If at any time the Director considers that--
(a) a regulatory provision or practice has a significantly adverse effect on competition, or
(b) regulatory provisions or practices, or a combination of regulating provisions and practices have such an effect,
he must make a report.
(3) If at any time the Director considers that--
(a) a regulatory provision or practice does not have a significantly adverse effect on competition, or
(b) regulatory provisions or practices, or a combination of regulatory provisions and practices do not have any such effect,
he may make a report to that effect.
(4) A report under subsection (2) must contain details of the adverse effect on competition.
(5) If the Director makes a report under subsection (2), he must--
(a) send a copy of it to the Treasury, to the Competition Commission and to the Authority; and
(b) publish it in the way appearing to him to be best calculated to bring it to the attention of the public.
(6) If the Director makes a report under subsection (3)--
(a) he must send a copy of it to the Treasury, to the Competition Commission and to the Authority; and
(b) he may publish it.
(7) Before publishing a report under this section, the Director must, so far as practicable exclude any matter which relates to the private affairs of a particular individual the publication of which, in the opinion of the Director, would or might seriously and prejudicially affect his interests.
(8) Before publishing such a report, the Director must exclude any matter which relates to the affairs of a particular body the publication of which, in the opinion of the Director, would or might seriously and prejudicially affect its interests.
(9) Subsections (7) and (8) do not apply to the copy of a report which the Director is required to send to the Treasury, the Competition Commission and the Authority under subsection (5)(a) or (6)(a).
(10) For the purposes of the law of defamation, absolute privilege attaches to any report of the Director under this section.").

On Question, amendment agreed to.

Clause 302 [Further reports by Director General of Fair Trading]:

Lord McIntosh of Haringey moved Amendment No. 170CE:


    Leave out Clause 302.

On Question, amendment agreed to.

Clause 303 [Reports: supplementary]:

Lord McIntosh of Haringey moved Amendment No. 170CF:


    Leave out Clause 303.

On Question, amendment agreed to.

Clause 304 [Investigations by Director General of Fair Trading]:

Lord McIntosh of Haringey moved Amendments Nos. 170CG to 170CK:


    Page 160, line 40, leave out ("302") and insert ("(Further reports by Director General of Fair Trading)").


    Page 161, line 3, leave out from ("control") to end of line 4.

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    Page 161, line 10, at end insert--


("( ) A requirement may be imposed under subsection (2) or (3)(a) only in respect of documents or information which relate to any matter relevant to the investigation.").


    Page 161, line 20, leave out from ("Court;") to ("Scotland") in line 21 and insert ("or


(b) in").

On Question, amendments agreed to.

Lord McIntosh of Haringey moved Amendments Nos. 170D to 170G:


    After Clause 304, insert the following new clause--


("Role of the Competition Commission

CONSIDERATION BY COMPETITION COMMISSION

.--(1) If subsection (2) or (3) applies, the Commission must investigate the matter which is the subject of the Director's report.
(2) This subsection applies if the Director sends to the Competition Commission a report--
(a) issued by him under section 301(2) which concludes that one or more regulatory provisions have a significantly adverse effect on competition, or
(b) made by him under section (Further reports by Director General of Fair Trading)(2).
(3) This subsection applies if the Director asks the Commission to consider a report--
(a) issued by him under section 301(2) which concludes that one or more regulatory provisions do not have a significantly adverse effect on competition, or
(b) made by him under section (Further reports by Director General of Fair Trading)(3).
(4) The Commission must then make its own report on the matter unless it considers that, as a result of a change of circumstances, no useful purpose would be served by a report.
(5) If the Commission decides in accordance with subsection (4) not to make a report, it must make a statement setting out the change of circumstances which resulted in that decision.
(6) A report made under this section must state the Commission's conclusion as to whether--
(a) the regulatory provision or practice which is the subject of the report has a significantly adverse effect on competition, or
(b) the regulatory provisions or practices or combination of regulatory provisions and practices which are the subject of the report have such an effect.
(7) A report under this section stating the Commission's conclusion that there is a significantly adverse effect on competition must also--
(a) state whether the Commission considers that that effect is justified; and
(b) if it states that the Commission considers that it is not justified, state its conclusion as to what action if any the Treasury ought to direct the Authority to take.
(8) Subsection (9) applies whenever the Commission is considering, for the purposes of this section, whether a particular adverse effect on competition is justified.
(9) The Commission must ensure, so far as that is reasonably possible, that the conclusion it reaches is compatible with the obligations imposed on the recognised body concerned by or under this Act.
(10) A report under this section must contain such an account of the Commission's reasons for its conclusions as is expedient, in the opinion of the Commission, for facilitating proper understanding of them.

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(11) The provisions of Schedule 14 (except paragraph 2(b)) apply for the purposes of this section as they apply for the purposes of section 158.
(12) If the Commission makes a report under this section it must send a copy to the Treasury, the Authority and the Director.").


    After Clause 304, insert the following new clause--


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