§ The Minister for Trade and Consumer Affairs (Sir Geoffrey Howe)I beg to move Amendment No. 20, in page 23, line 12 leave out from 'to' to end of line 18 and insert:
restrict any price or charge, or any kind of remuneration, where the price or charge or remuneration is duly authorised by the approval".
§ Mr. SpeakerWe can take this amendment and the Government's next Amendment, No. 21, together.
§ Sir G. HoweI was going to suggest that, Mr. Speaker.
Originally, paragraph 1 (2) of the schedule was designed, as it is drawn, to say that if an agency approved an increase in a price it could not thereafter prevent that increase unless a fall occurred in the costs and outgoings which justified the increase. The purpose was to secure a degree of certainty after that point.
It is apparent, however, that the proviso to sub-paragraph (2) is too restrictive, because there are other circumstances in which a price, once it has been increased, may later need to be reduced. This may arise, for example, as a result of paragraph 16 of the code, where the costs originally justifying the increase have fallen, as a result of paragraphs 40 or 55 where profits are too high and beyond the permitted limit and paragraphs 53 and 54 where the margin turns out to be too high. That situation is provided for by the change proposed in paragraph 1(2) of the schedule so as to exclude the power to reduce prices where 1654 the increase has been duly authorised by approval.
If that is read with new sub-paragraph (5) it shows that in the course of due authorisation the approval may be formulated in such a way as to secure that the rest of the code is observed—for example, the matters to which I have just referred. This means that the agency will be enabled to grant an approval, subject to conditions, for example, requiring a reduction in price, if costs fall or if profits exceed the expectation and so the limit. In other words, power is given to attach conditions to the approval. The power deriving from such a condition would be exercised only if circumstances had changed so as to justify or require it, and the object is to secure the most effective restraint in prices.
§ Amendment agreed to.
§
Amendment made: No. 21 in page 23, line 37, at end insert—
'(5) In exercising their powers under an order under this paragraph, an Agency may frame an approval of proposals for an increase in such way as appears to them appropriate for the purpose of ensuring that the provisions of the code are implemented'.—[Sir G. Howe.]
§ Mr. Maurice MacmillanI beg to move Amendment No. 22, in page 24, line 30, at end insert—
'(3) Where an Agency or a Minister, grant a consent under this Act, particulars of the consent shall be published in the Gazette, and in such other ways as may be prescribed'.
§ Mr. SpeakerWith this amendment we can discuss Government Amendments Nos. 54 and 55.
§ Mr. MacmillanThese three amendmenst meet the undertaking I gave in Committee that the agency or a Minister in granting a consent or issuing an order or notice under the Bill would see that it was published. Amendment No. 22 provides that particulars of the consent shall be published in the Gazette and in such other ways as may be prescribed.
Amendment No. 54 provides that where notice is given by an agency or a Minister under various provisions of the Bill dealing with prices, pay, insurance premiums, dividends or value added tax, particulars of the notice shall be published in the Gazette and in such other ways as may be prescribed.
1655 Amendment No. 55 enables the Minister by regulations to lay down the way in which such an order, notice or consent shall be published.
The amendments meet points raised in Committee.
§ Amendment agreed to.