HL Deb 20 October 1998 vol 593 cc1390-1

92 Schedule 10, page 89, leave out lines 12 to 24 and insert— (""(6A) Neither the Director General of Fair Trading nor the Regulator may exercise, in respect of an access agreement, the powers given by section 33 (enforcement directions) or section 36(2) (interim directions) of the Competition Act 1998. (6B) Subsection (6A) does not apply to the exercise of the powers given by section 36(2) in respect of conduct—

  1. (a) which is connected with an access agreement; and
  2. (b) in respect of which section 36(1)(b) of that Act applies.").

93 Page 89, line 33, at end insert— ("() Omit section 131 (modification of Restrictive Trade Practices Act 1976).").

94 Page 89, line 45, at end insert— ("() In section 21 (duties as to exercise of regulatory functions), in subsection (6), at the end of the paragraph about regulatory functions, insert "other than any functions assigned to him by virtue of section 67(3) of that Act ("Competition Act functions"). (7) The Regulator may, when exercising any Competition Act function, have regard to any matter to which he would have regard if—

  1. (a) he were under the duty imposed by subsection (1) or (2) above in relation to that function; and
  2. (b) the matter is one to which the DGFT could have regard if he were exercising that function.".").

Lord McIntosh of Haringey

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 92 to 94.

Moved, That the House do agree with the Commons in their Amendments Nos. 92 to 94.—(Lord McIntosh of Haringey.)

On Question, Motion agreed to.