HL Deb 13 November 1989 vol 512 c1156

444 Schedule 11, page 213, line 6, leave out from 'matter' to end of line and insert 'in connection with his functions under paragraph 1 or 3.'.

445 Page 213, line 12, leave out 'carrying on any business'.

446 Page 213, line 21, leave out '(5)' and insert '(6)'.

447 Page 213, line 23, at end insert 'but as if, in subsection (7) of that section, for the words from "any one" to "the Commission" there were substituted "the Director".'

Lord Trefgarne

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 444 to 447.

These amendments extend the purposes for which the Director General of Fair Trading may exercise his investigatory powers under paragraph 4 of Schedule 1 to the Bill. As the Bill left your Lordships' House, the director could exercise the powers for the purpose of investigating any matter with a view to its consideration under paragraph 3 of Schedule 11. That paragraph requires the director to keep the rules and guidance of recognised bodies under review, and to report to the Secretary of State if he thinks they have or are likely or intended to have a significantly anti-competitive effect. But this is too narrow.

Paragraph 1 of the schedule requires the director to consider and report on the effect on competition of the rules and guidance of applicants when they apply for recognition, and the powers of investigation would be equally useful to him then. The amendments would therefore enable the director to exercise the investigatory powers for the purpose of investigating any matter in connection with his functions under paragraphs 1 or 3 of the schedule.

Moved, That the House do agree with the Commons in the said amendments. —(Lord Trefgarne.)

On Question, Motion agreed to.