§ 35 Clause 54, page 28. line 2, leave out ("exercised") and insert ("exercisable").
§ Lord Simon of HighburyMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 35. It is convenient to speak at the same time to Amendments Nos. 36, 81 to 89, 108, 110 to 113. and 115 and 116. These amendments enable the regulators to co-ordinate their activities under the Bill in a more effective manner. On a number of occasions during the passage of the Bill through this House, noble Lords raised matters which illustrated rigidities within the utility statute provisions as they would apply to the exercise of concurrent functions under the Bill. I said that the Government would reflect on those rigidities and whether a change was needed. These amendments are the result of that reflection and also respond to points made in Committee in another place. They disapply the present inflexible utility statute provisions from the exercise of Bill functions and provide a more flexible regulation-making power instead.
Moved, That the House do agree with the Commons in their Amendment No. 35.—(Lord Simon of Highbury.)
§ Lord KingslandMy Lords, it appears that, while this Bill was passing through another place, the Secretary of State acquired, almost in a fit of absent-mindedness, the power to make regulations 1381 about the exercise of competition functions as between the Director General for Fair Trading on the one hand and the regulators on the other. Can the Minister assure me that this power will be used; and, if so, that a truly objective analysis will be made about which of the two sides of the equation—the regulator or director general—will be given the necessary authority?
§ Lord Simon of HighburyMy Lords, in arriving at a flexible solution, we shall need to consult very closely on how regulations are made. I very much hope that, as the regulation-making process takes place, the problems to which the noble Lord refers will be resolved.
§ On Question, Motion agreed to.