§ '(1) No restriction in respect of any of the matters specified in subsection (2) below shall, after the coming into force of this section, be regarded as a restriction by virtue of which the Restrictive Trade Practices Act 1976 applies to any agreement (whenever made).
§ (2) The said matters are—
- (a) the charges to be made, quoted or paid for insolvency services supplied, offered or obtained;
- (b) the terms or conditions on or subject to which insolvency services are to be supplied or obtained;
- (c) the extent (if any) to which, or the scale (if any) on which, insolvency services are to be made available, supplied or obtained;
- (d) the form or manner in which insolvency services are to be made available, supplied or obtained;
- (e) the persons or classes of persons for whom or from whom, or the areas or places in or from which, insolvency services are to be made available or supplied or are to be obtained.
§ (3) In this section "insolvency services" means the services of persons acting as insolvency practitioners or carrying out under the law of Northern Ireland functions corresponding to those mentioned in section 1(2) or (3) above, in their capacity as such; and expressions which are also used in the said Act of 1976 have the same meanings as in that Act.
§
(4) In Schedule 1 to the said Act of 1976 (services excluded from designated services), after paragraph 9 there shall be inserted the following paragraph—
9A. Insolvency services within the meaning of section (Amendment of Restrictive Trade Practices Act 1976) of the Insolvency Act 1985.".'.—[Mr. Fletcher.]
§ Brought up, and read the First time.
§ Mr. FletcherI beg to move, That the clause be read a Second time.
§ Mr. FletcherThe purpose of the new clause is to exempt the provision of insolvency services from the application of the Restrictive Trade Practices Act 1976 and to extend that exemption to Northern Ireland.
§ Mr. GouldI cannot resist making a brief comment. I am sure that the Minister will recognise that this is one element in a by now very confusing pattern established by the Government in their attitude towards professional bodies. On the one hand, we have deregulation for opticians, solicitors and many other professions; on the other hand, we have the retrenchment of restrictive practices for the stock exchange and in this case for insolvency practitioners. One of these days, will the Minister turn his mind to a coherent competition policy?
§ Mr. FletcherOne hit at a time, please.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.