§ (".—(1) If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 73(2)(cc), he must (so far as practicable) ensure that the information is given to Eurocontrol.
§ (2) If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 73(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
§ (3) But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
§ (4) If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
17GC§ (5) If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d). the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
§ (6) The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.").
§ On Question, amendments agreed to.
§ Clauses 74 to 76 agreed to.
§ Clause 77 [Interpretation]:
§
Lord Macdonald of Tradeston moved Amendments Nos. 48 and 49:
Page 50, line 41, at end insert—
("( ) The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.").
Page 50, line 45, at end insert—
("( ) "Licence holder" has the meaning given by section 37.").
§ On question, amendments agreed to.
§ Clause 77, as amended, agreed to.
§ Clauses 78 to 89 agreed to.
§ Schedule 8 agreed to.
§ Clauses 90 to 94 agreed to.
§ Schedule 9 [Air traffic: information]:
§
Lord McIntosh of Haringey moved Amendment No. 50:
Page 200, line 7, at end insert—
("( ) for the purpose of facilitating the performance of any function of the European Commission in respect of Community law about competition;").
§ The noble Lord said: I wish to speak also to Amendments Nos. 51, 52 and 53. Schedule 9 prohibits the disclosure of information gained under this part of the Bill, except with the consent of the person to whom it relates or where otherwise permitted. The schedule goes on to list a whole series of purposes for which disclosure could he permitted. This group of government amendments has been requested by the Competition Commission to ensure that an inability to disclose air traffic information obtained under Part I of the Bill does not frustrate either its functions or those of the independent Television Commission under the Broadcasting Act 1990 or those of the European Commission in respect of Community competition law.
§ Paragraph 3(1)(b) of Schedule 9 allows the bodies listed in paragraph 3(2) to disclose information obtained under the Bill while carrying out their functions under the enactments listed in paragraph 3(3).
§ The first amendment will provide for disclosure for the purposes of facilitating the functions of the European Commission under European Community competition law. The fourth amendment provides for disclosure for the purpose of facilitating the carrying out of the functions of a body listed in paragraph 3(2) of Schedule 9 under the Competition Law Enforcement Regulations 1996. The remaining amendments would allow the Competition Commission and the ITC to 18GC carry out their functions without being frustrated by an inability to disclose information under the Bill. I beg to move.
§ On Question, amendment agreed to.
§ 4.30 p.m.
§
Lord McIntosh of Haringey moved Amendments Nos. 51 to 53:
Page 200, line 25, at end insert—
("( ) the Independent Television Commission;").
Page 200, line 45, at end insert—
("( ) the Broadcasting Act 1990;").
Page 201. line 1, at end insert—
("( ) any subordinate legislation made for the purpose of securing compliance with Articles 84 and 85 of the, Treaty establishing the European Community;").
§ On Question, amendments agreed to.
§ Schedule 9, as amended, agreed to.
§ Clauses 95 and 96 agreed to.
§
Lord Macdonald of Tradeston moved Amendments Nos. 54 and 55:
After Clause 96, insert the following new clause—