§ Lords Amendment: In page 18, line 39, after "injury" insert "(whether to persons or to premises)".
§ 6.0 p.m.
§ Mr. Walker-SmithI beg to move, That this House doth agree with the Lords in the said Amendment.
The Amendment is concerned with making a small extension to the definition in Clause 20 (1, a), the important Clause which sets out the grounds on which parties may enter a plea that their restrictive practices are not contrary to the public interest. Subsection (1, a) sets up as a possible cause of pleading
that the restriction is reasonably necessary having regard to the character of the goods 970 to which it applies, to protect the public against injury in connection with the consumption, installation or use of those goods;The Amendment will extend the possible injury to premises. A danger to premises from fire, for example, would now be included as a cause of injury to the public. The extension made by this definition is not designed to make any loophole in the Clause as drafted.
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Lords Amendment: In page 20, line 4, leave out "The" and insert:
In this section 'purchasers', 'consumers' and 'users' include persons purchasing, consuming or using for the purpose or in course of trade or business or for public purposes; and".
§ Mr. Walker-SmithI beg to move, That the House doth agree with the Lords in the said Amendment.
This is in effect a clarifying Amendment. Doubts have been expressed as to whether public authorities or national or area utilities would be covered by the description "the public". The Amendment, by adding the words, "or for public purposes" makes that clear. It also makes it clear that purchasers of intermediate goods, such as plant and machinery, are included by using these wider terms,
consuming or using for the purpose or in the course of trade or business …".