§ 78 Schedule 10, Page 77, line 33, after ("function") insert ("; but that is not to be taken as implying that, in relation to any of the matters mentioned in subsection (3) or (3A) above, regard may not be had to any general matter.").
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("() Section 50 is amended as follows.").
§ 80 Page 77, line 34, leave out ("In section 50").
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("(b) after paragraph (b), insert "and";
(c) omit paragraph (d) and the "and" immediately before it.").
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("() In subsection (4), omit paragraph (c) and the "and" immediately after it.").
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() In subsection (6), omit "or in subsection (3) above".").
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§ Lord McIntosh of HaringeyMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 78 to 90.
These amendments were spoken to with Amendments Nos. 35 and 77.
Moved, That the House do agree with the Commons in their Amendments Nos. 78 to 90.—(Lord McIntosh of Haringey.)
§ On Question, Motion agreed to.
§ 91 Schedule 10, page 89, leave out lines 9 and 10.
§ Lord McIntosh of HaringeyMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 91. I shall speak also to Amendments Nos. 92 and 94.
1390 Amendments Nos. 91 and 92 respond to a matter raised by the noble Lord, Lord McNally, on behalf of the noble Lord, Lord Ezra, at Report stage in this House. They deal with an interaction between the Bill and provisions in the Railways Act 1993. The amendments would preclude the Rail Regulator or the Director General of Fair Trading from requiring modifications to access agreements, to the extent that these are not already excluded as legal requirements, as a possible remedy for breach of the Chapter I prohibition.
This is a worthwhile clarification of the position and I am grateful to the noble Lord for raising this point. I should emphasise, however, that the amendment does not prevent action being taken against anti-competitive provisions in access agreements that are not the subject of a legal requirement. In such a case the parties would be in breach of a prohibition and would be exposed to penalties. Third parties would be able to seek damages and interim measures could also be applied.
Amendment No. 94 disapplies the Rail Regulator's statutory duties under the Channel Tunnel Rail Link Act 1996 when he is exercising concurrent functions under the Bill, in the same way that the utility regulators' statutory general duties have been disapplied from the exercise of the regulators' concurrent functions.
Moved, That the House do agree with the Commons in their Amendment No. 91.—(Lord McIntosh of Haringey.)
§ On Question, Motion agreed to.