HL Deb 20 October 1998 vol 593 cc1386-7

55 Schedule 3, page 53, line 39, after ("(a)") insert ("which").

56 Page 53, line 41, leave out ("(b)") and insert ("and which").

57 Page 53, line 43, after ("(c)") insert ("which").

58 Page 54, leave out lines 3 to 6 and insert ("an agreement to the extent to which it is made in order to comply with a legal requirement.").

59 Page 54, line 7, after ("conduct") insert ("to the extent to which it is").

60 Page 56, line 1, leave out ("before") and insert ("at").

61 Page 56, line 2, leave out ("fails") and insert ("has failed").

62 Schedule 7, page 64, line 31, after ("12") insert ("and paragraph 5 of Schedule 8").

63 Schedule 8, page 71, line 5, leave out from ("indicate") to end of line 14 and insert ("—

  1. (a) under which provision of this Act the appeal is brought:
  2. (b) to what extent (if any) the appellant contends that the decision against, or with respect to which, the appeal is brought was based on an error of fact or was wrong in law; and
  3. (c) to what extent (if any) the appellant is appealing against the Director's exercise of his discretion in making the disputed decision.").

64 Page 71, line 20, leave out ("reverse") and insert ("set aside").

65 Page 71, line 21, after ("appeal") insert ("or any part of it").

66 Page 71, line 25, leave out ("or make") and insert—

67 Page 71, line 28, at end insert—

("() If the tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.").

68 Page 71, line 42, leave out ("Council") and insert ("Competition Commission").

69 Page 72, line 40, leave out ("also").

70 Page 72, line 47, at end insert— ("() as to the evidence which may be required or admitted in proceedings before the tribunal and the extent to which it should be oral or written; () allowing the tribunal to fix time limits with respect to any aspect of the proceedings before it and to extend any time limit (whether or not it has expired);").

71 Page 73, line 15, at end insert— ("() A person who without reasonable excuse fails to comply with—

  1. (a) any requirement imposed by virtue of sub-paragraph (1)(c), or
  2. (b) any requirement with respect to the disclosure, production, recovery or inspection of documents which is imposed by virtue of sub-paragraph (1)(e),
is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.").

72 Page 73, line 32, at end insert— ("() Any sums received in consequence of rules under this paragraph are to be paid into the Consolidated Fund.").

73 Page 74, line 6, at end insert— ("() Rules may also make provision giving the tribunal powers similar to those given to the Director by section 36.").

74 Schedule 9, page 74. leave out lines 21 to 24.

75 Page 75, line 20, at end insert— ("() In this paragraph "decision" means a decision of the Director (whether or not made on an application)—

  1. (a) as to whether or not an agreement has infringed the Chapter I prohibition, or
  2. (b) as to whether or not conduct has infringed the Chapter II prohibition,
and, in the case of an application for a decision under section 14 which includes a request for an individual exemption, includes a decision as to whether or not to grant the exemption.").

76 Page 76, leave out lines 42 to 46.

Lord McIntosh of Haringey

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 55 to 76 en bloc. They have been spoken to with Amendments Nos. I, 6, 30, 50 and 54.

Moved, That the House do agree with the Commons in their Amendments Nos. 55 to 76.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.