§ ".—(1) This section applies if the Competition Commission makes a report under section (Consideration by Competition Commission)(3) which states that in the opinion of the Commission there is a significant anti-competitive effect.
§ (2) If the Commission's opinion, as stated in the report, is that the anti-competitive effect is not justified, the Treasury must give a direction to the Authority requiring it to take such action as may be specified in the direction.
§ (3) But subsection (2) does not apply if the Treasury consider—
- (a) that, as a result of action taken by the Authority in response to the Commission's report, it is unnecessary for them to give a direction; or
- (b) that the exceptional circumstances of the case make it inappropriate or unnecessary for them to do so.
§ (4) In considering the action to be specified in a direction under subsection (2), the Treasury must have regard to any opinion expressed by the Commission when it complied with section (Consideration by Competition Commission)(5)(b).
§ (5) Subsection (6) applies if—
- (a) the Commission's conclusion, as stated in its report, is that the anti-competitive effect is justified; but
- (b) the Treasury consider that the exceptional circumstances of the case require them to act.
§ (6) The Treasury may give a direction to the Authority requiring it to take such action—
- (a) as they consider to be necessary in the light of the exceptional circumstances of the case; and
- (b) as may be specified in the direction.
§ (7) The Authority may not be required as a result of this section to take any action—
- (a) that it would not have power to take in the absence of a direction under this section; or
- (b) that would otherwise be incompatible with any of the functions conferred, or obligations imposed, on it by or under this Act.
§ (8) Subsection (9) applies if the Treasury are considering—
- (a) whether subsection (2) applies and, if so, what action is to be specified in a direction under that subsection; or
- (b) whether to give a direction under subsection (6).
§ (9) The Treasury must—
- (a) do what they consider appropriate to allow the Authority, and any other person appearing to the Treasury to be affected, an opportunity to make representations; and
- (b) have regard to any such representations.
§ (10) If, in reliance on subsection (3)(a) or (b), the Treasury decline to act under subsection (2), they must make a statement to that effect, giving their reasons.
§ (11) If the Treasury give a direction under this section they must make a statement giving—
- (a) details of the direction; and
- (b) if the direction is given under subsection (6), their reasons for giving it.
§ (12) The Treasury must—
- (a) publish any statement made under this section in the way appearing to them best calculated to bring it to the attention of the public; and
- (b) lay a copy of it before Parliament.".—[Mr. Timms.]
§ Brought up, read the First and Second time, and added to the Bill.