Enterprise Bill

Public Bill Committees

• Enterprise Bill, 1st sitting (11 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 1 - The Office of Fair Trading (20 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 1 - The Office of Fair Trading (27 speeches)
    I beg to move amendment No. 1, in page 182, line 6, at end insert 'of which at least 50 per cent. will be currently active in industry or commerce at the time of their appointment'. I hope that...
  • Clause 2 - The director general of fair trading (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • Clause 3 - Annual plan (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 4 - Annual and other reports (20 speeches)
    I beg to move amendment No. 3, in page 2, line 24, at end insert— '(c) a detailed summary of OFT decisions and investigations over the preceding year'.
• Enterprise Bill, 2nd sitting (0 speeches)
  [Mr. Nigel Beard in the Chair]
  • Clause 4 - Annual and other reports (75 speeches)
    Amendment proposed [this day]: No. 3, in page 2, line 24, at end insert– '(c) a detailed summary of OFT decisions and investigations over the preceding year'.–[Mr. Waterson.]...
  • Clause 6 - Provision of information etc. to the public (5 speeches)
    Amendment made: No. 11, in page 3, line 20, leave out 'in its opinion'.–[Mr. Waterson.] Question proposed, That the clause, as amended, stand part of the Bill.
  • Clause 7 - Provision of information and (11 speeches)
    I beg to move amendment No. 13, in page 3, line 23, after '(1)', insert: 'Subject to the overriding requirement to keep sensitive business information confidential,'. We move to another clause,...
  • Clause 8 - Promoting good consumer practice (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 10 - Part 2 of the 1973 Act (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 11 - Super-complaints to the OFT (15 speeches)
    I beg to move amendment No. 17, in page 5, line 3, leave out ''feature, or combination of features, of'' and insert ''agreements between undertakings, decisions by associations of undertakings,...
• Enterprise Bill, 3rd sitting (1 speech)
  [Mr. Nigel Beard in the Chair]
  • Clause 11 - Super-complaints to the OFT (112 speeches)
    I beg to move amendment No. 19, in page 5, line 6, leave out '90' and insert '60'.
• Enterprise Bill, 4th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 11 - Super-complaints to the OFT (2 speeches)
    Amendment proposed [this day]: No. 23, in page 5, line 20, at end insert— '(6A) The status of ''designated consumer body'' for the purposes of this section shall be renewed by the...
  • Clause 196 - Super-complaints to regulators (14 speeches)
    I beg to move amendment No. 122, in page 142, line 41, at end insert— '(1A) The Secretary of State may by order provide that section 11 is to apply to complaints made by a designated...
  • Clause 16 - Damages (14 speeches)
    I beg to move amendment No. 31, in page 8, line 3, at end insert— '(3A) The Tribunal shall also have the power to grant injunctive relief.'. I would be interested to know why we are not...
  • Clause 17 - Claims on behalf of consumers (39 speeches)
    I beg to move amendment No. 70, page 8, line 33, after 'specified', insert 'consumer'. We have been pretty good so far at avoiding unnecessary stand part debates and I am sure that we will...
  • Clause 18 - Findings of infringements (10 speeches)
    I beg to move amendment No. 60, in page 9, leave out line 33.
  • Clause 179 - Cartel offence (34 speeches)
    I beg to move amendment No. 77, in page 130, line 28, leave out 'dishonestly' and insert 'knowingly or recklessly'. There is a substantial break in the proceedings, as we jump forward in the...
• Enterprise Bill, 5th sitting (1 speech)
  [Derek Conway in the Chair]
  • Clause 179 - Cartel offence (74 speeches)
    Amendment moved [18 April]: No. 88, in page 131, line 20, at end insert: '(9) This section shall not enter into force until three years after the entry into force of the European Commission's...
  • Clause 181 (10 speeches)
    Cartel offence: penalty and prosecution
• Enterprise Bill, 6th sitting, part 1 (0 speeches)
  • [Part I] (19 speeches)
    [Mr. Nigel Beard in the Chair]
  • Clause 182 - Extradition (17 speeches)
    I beg to move amendment No. 92, in page 132, leave out lines 31 and 32. This is a fairly short point but it fairly puzzling to say the least. Clause 179 contains the main offence, the so-called...
  • Clause 183 - Investigation of offences under section 179 (8 speeches)
    I beg to move amendment No. 94, in page 132, line 41, at end insert— ''insofar as relevant to the investigation of the offence under section 179 which it is suspected has been committed''....
  • Clause 184 - Powers when conducting an investigation (37 speeches)
    I beg to move amendment No. 96, in page 133, line 2, leave out 'or any other person who it has reason to believe has relevant information', and insert— 'past and present employees of the...
  • Clause 185 - Power to enter premises under a warrant (10 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 186 - Exercise of powers by authorised person (8 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Column Number: 208 (0 speeches)
    Clause 187Privileged information etc.
  • Privileged information etc. (11 speeches)
    I beg to move amendment No. 107, in page 134, leave out line 43. I should like to say a few words on the clause and proposed amendment. Several hon. Members have a legal background and take...
  • Clause 189 - Use of statements obtained under competition act 1998 (5 speeches)
    I beg to move amendment No. 109, in page 135, line 22, leave out from '2002' to end of line 26. It will be obvious from the wording of the amendment that my comments will be short. Clause 189...
  • Clause 190 - Surveillance powers (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 192 - Offences (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 194 - Powers of entry (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 195 - Disqualification (5 speeches)
    I beg to move amendment No. 115, in page 139, line 13, leave out from 'infringes' to end of line 23 and insert 'an offence under section 179 of the Enterprise Act 2002'. The law currently...
• Enterprise Bill, 6th sitting, part 2 (0 speeches)
  • [Part II] (13 speeches)
    [Derek Conway in the Chair]
  • Clause 201 - Consumers (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 202 - Domestic infringements (61 speeches)
    I beg to move amendment No. 46, in page 145, line 32, after '(2)', insert— 'or is an unfair commercial practice'.
• Enterprise Bill, 7th sitting (0 speeches)
  [Mr. Nigel Beard in the Chair]
  • Clause 20 - Duty to make references in relation to completed mergers (71 speeches)
    I beg to move amendment No. 63, in page 10, line 30, leave out 'shall' and insert 'may at its discretion'.
• Enterprise Bill, 8th sitting (3 speeches)
  [Nigel Beard in the Chair]
  • Clause 20 - Duty to make references in relation to completed mergers (88 speeches)
    Amendment proposed [this day]: No. 211, in clause 20, page 10, line 33, leave out from 'result' to end of line 35 and insert– 'in the creation or strengthening of a dominant position, as a...
• Enterprise Bill, 9th sitting (0 speeches)
  [Mr. Conway in the Chair]
  • Clause 20 - Duty to make references in (7 speeches)
    Question proposed [25 April], That the clause, as amended, stand part of the Bill. Question again proposed.
  • Clause 21 - Relevant merger situations (21 speeches)
    I beg to move amendment No. 215, in page 11, line 46, leave out '45' and insert '70'. The concept of a de minimis threshold is, of course, vital to the process of the competition regime to avoid...
  • Clause 23 - Extension of time-limits (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 26 - Turnover test (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 28 - Relevant customer benefits (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 29 - Information powers in (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 31 - Duty to make references in (4 speeches)
    Amendment made: No. 177, in page 19, line 27, after ''outweigh'' insert— 'the substantial lessening of competition concerned and'.—[Miss Melanie Johnson.]
  • Clause 36 - Investigations and reports on (3 speeches)
    I beg to move amendment No. 229, in page 22, line 38, at end insert— '(2A) In making or preparing any report under this section, the Commission shall not disclose any information of a...
  • Clause 37 - Time-limits for investigations and reports (7 speeches)
    I beg to move amendment No. 230, in page 23, line 14, at end insert— 'such extension of time only to be granted with the consent of the parties.'.
  • Clause 38 - Section 37: supplementary (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 40 - Intervention by Secretary of State (14 speeches)
    I beg to move amendment No. 66, in page 26, line 7, leave out from ''56'' to end of line 8. The amendment is quite important and it raises two issues. One is of principle and the other of...
  • Clause 42 - Investigation and report by OFT (0 speeches)
    Amendment made: No. 178, in page 28, line 43, after ''outweigh'', insert ''the substantial lessening of competition and''.—[Miss Melanie Johnson.] Clause 42, as amended, ordered to stand...
  • Clause 43 - Power of Secretary of State to (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 44 - References under section 43: supplementary (1 speech)
    I beg to move amendment No. 263, in page 30, line 33, leave out ''that section'' and insert ''section 43''. I commend the amendment to the Committee. It seeks to clarify that the Competition...
  • Clause 45 - Questions to be decided on (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • Clause 51 - Restrictions on action where public (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 55 - Duties of OFT and Commission (16 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 56 - Specified considerations (16 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 57 - Intervention by Secretary of State (3 speeches)
    I beg to move amendment No. 260, in page 40, line 10, leave out ''special''. This probing amendment raises a narrow point. The clause is a discrete little regime for dealing with mergers that...
  • Clause 65 - Newspaper mergers (9 speeches)
    I beg to move amendment No. 264, in page 46, line 16, after 'assets' insert— 'to which section 58(1) of the Fair Trading Act 1973 (c.41) applies'.
• Enterprise Bill, 10th sitting (3 speeches)
   
  • Clause 68 - Initial enforcement orders: completed mergers (3 speeches)
    I beg to move amendment No. 273, in page 49, line 41, after `created', insert— `(aa) the provisions of section 20(1)(b) have been satisfied;'. There is an echo of our previous debates on...
  • Clause 70 - Effect of undertakings under section 69 (4 speeches)
    I beg to move amendment No. 181, in page 51, line 12, after `notified', insert `(whether in writing or otherwise)'.
  • Clause 71 - Order-making power where undertakings under section 69 not fulfilled etc. (9 speeches)
    I beg to move amendment No. 276, in page 51, line 37, after `7', insert `and essential to avoid the creation or strengthening of a dominant position'. Having said all that, the effect of the...
  • Clause 73 - Restrictions on certain dealings: completed mergers (15 speeches)
    Question proposed,That the clause stand part of the Bill.
  • Clause 75 - Section 73 and 74: further interpretation provisions (3 speeches)
    I beg to move amendment No. 182, in page 55, line 1, leave out `(8)' and insert `(1)'.
  • Clause 76 - Interim undertakings (2 speeches)
    I beg to move amendment No. 266, in page 56, line 20, after `section' insert— `; and references to the acceptance or giving of undertakings under this section shall be construed accordingly'.
  • Clause 77 - Interim orders (0 speeches)
    Amendment made: No. 267, in page 57, line 16, after `section' insert— `; and references to the making of orders under this section shall be construed accordingly'.—[Mr. Alexander.]
  • Clause 78 - Final undertakings (7 speeches)
    I beg to move amendment No. 67, in page 57, line 30, after `undertakings', insert— `, but no such undertaking may be accepted from persons other than one who is a party or is a member of...
  • Clause 79 - Order-making power where final undertakings nor fulfilled (3 speeches)
    I beg to move amendment No. 187, in page 58, line 7, after "Commission" insert "or the OFT".
  • Clause 80 - Final orders (3 speeches)
    I beg to move amendment No. 261, in page 58, line 29, leave out subsection (2) and insert— `(2) The Commission may make such order as it considers to be reasonable and practicable (i) to...
  • Clause 81 - Enforcement regime for public interest and special public interest cases (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 6 - Enforcement regime for public interest and special public interest cases (0 speeches)
    Amendments made: No. 268, in page 196, line 33, after `paragraph' insert— `; and references to the acceptance or giving of undertakings under this paragraph shall be construed...
  • Schedule 7 - Provision that may be contained in certain enforcement orders (14 speeches)
    I beg to move amendment No. 191, in page 209, line 7, after `proceedings;' insert— `(ja) the approval by the relevant authority or another person of anything required by virtue of the order...
  • Clause 90 - Rights to enforce undertakings and orders (9 speeches)
    I beg to move amendment No. 278, in page 63, line 34, leave out subsections (3) and (4).
  • Clause 93 - Period for considering merger notices (8 speeches)
    I beg to move amendment No. 286, in page 66, line 20, after `undertakings', insert— `or that he agrees to give undertakings in terms which he specifies in his notice'.
  • Clause 97 - Merger notices: regulations (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 98 - Power to modify sections 93 to 97 (5 speeches)
    This is a short clause, but it contains some significant powers for the Secretary of State. In three lines, the clause makes it clear that the Secretary of State can modify by order any of the...
  • Clause 100 - Certain duties of relevant authorities to consult (5 speeches)
    I beg to move amendment No. 200, in page 70, line 20, leave out `so far as practicable'.
  • Clause 103 - Further publicity requirements (5 speeches)
    I beg to move amendment No. 288, in page 74, line 7, at end insert— `(4A) In performing any function pursuant to subsections (1), (2) or (3) to publish the result of any action taken by...
  • Clause 104 - Defamation (6 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 106 - Enforcement of powers under section 105: general (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 107 - Penalties (5 speeches)
    I beg to move amendment No. 290, in page 77, line 35, leave out `and' and insert `or'. I do not want to have a stand part debate on the clause, but I shall speak generally about this...
  • Clause 110 - Appeals in relation to penalties (2 speeches)
    Question proposed,That the clause stand part of the Bill.
  • Clause 114 - Review of decisions under Part 3 (1 speech)
    I beg to move amendment No. 172, in page 81, line 5, leave out "person" and insert "party to a merger". I had intended to say that the arguments for the amendment could be put in a short...
• Enterprise Bill, 11th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 114 - Review of decisions under Part 3 (16 speeches)
    Amendment moved [this day]: No. 172, in page 81, line 5, leave out 'person' and insert 'party to a merger'.—[Mr. Carmichael.]
  • Clause 115 - Fees (5 speeches)
    I beg to move amendment No. 296, in page 83, line 7, at end insert— '(6A) Any order made by the Secretary of State which increases the level of fees payable shall require the approval by...
  • Clause 117 - Offences by bodies corporate (6 speeches)
    I beg to move amendment No. 297, in page 84, line 3, leave out ''or to be attributable to any neglect on the part of''. The provision on offences by bodies corporate seems to mirror section 132...
  • Clause 123 - Power of OFT to make references (25 speeches)
    I beg to move amendment No. 298, in page 90, line 9, leave out 'suspecting', and insert 'believing'.
  • Clause 124 - Ministerial power to make references (40 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause No. 126 - Questions to be decided on market investigation references (17 speeches)
    I beg to move amendment No. 302, in page 91, line 35, after 'services', insert 'significantly'.
• Enterprise Bill, 12th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 126 - Questions to be decided on market investigation references (3 speeches)
    Amendment proposed [1 May]: No. 306, in page 92, line 44, after `services', insert— `(iii) improvements to production or distribution; or (iv) promoting technical or economic...
  • Clause 127 - Variation of market investigation references (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 129 - Time-limits for market investigations and reports (12 speeches)
    The amendment seeks to reduce the period set out in clause 129. Opposition Members accept the value of certainty to which the Under-Secretary referred a few moments ago; there should be some...
  • Clause 130 - Duty to remedy adverse effects (21 speeches)
    `(7) In the event that the Commission decides that no remedial action needs to be taken following a market investigation, it shall reimburse the costs and legal expenses of the undertaking which...
  • Clause 133 - Questions to be decided by Commission (8 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 136 - Time-limits for investigations and reports: part 4 (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 139 - Remedial action by Secretary of State (7 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 142 - Power of veto of Secretary of State (9 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 143 - Further interaction of intervention notices with general procedure (2 speeches)
    This is a short point. Subsection (1) states: "Where an intervention notice ... comes into force in relation to a market investigation reference, sections 126 and 128 to 130 shall cease to apply...
  • Clause 145 - Specified considerations: Part 4 (19 speeches)
    Variety is the spice of life. I shall not divert the Committee long on the amendment, which is narrow but significant and raises interesting and important issues. The amendment would make sport...
  • Clause 148 - Effect of undertakings under section 146 (2 speeches)
    I beg to move amendment No. 311, in page 108, line 1, leave out `or needs to be varied or superseded'. "false or misleading in a material respect". The whole basis of accepting that...
  • Clause 149 - Interim undertakings: part 4 (3 speeches)
    With this it will be convenient to discuss amendment No. 313, in page 108, line 34, after `reference', insert `but not any such action which could be beneficial to competition or customers'. ...
  • Clause 152 - Order-making power where final undertakings not fulfilled: Part 4 (0 speeches)
    Amendment made:No. 194, in page 110, line 5, after `authority' insert `or the OFT'.—[Miss Melanie Johnson.] Clause 152, as amended, ordered to stand part of the Bill. Clauses 153 to 158...
  • Clause 159 - Rights to enforce undertakings and orders under this part (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 160 - Regulated markets (6 speeches)
    I beg to move amendment No. 370, in page 115, line 4, at end insert— "(ca) modifying networking arrangements (within the meaning given by section 39(1) of the Broadcasting Act 1990 (c.42));".
  • Schedule 8 - Certain amendments of sectoral enactments (0 speeches)
    `(as the case may be)'. This is a drafting amendment to ensure consistency with other sectoral legislation. I ask the Committee to support it. Amendment agreed to. Amendment made, No. 375,...
  • Clause 162 - General information duties (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 163 - Advice and information: Part 4 (6 speeches)
    Question proposed,That the clause stand part of the Bill.
• Enterprise Bill, 13th sitting (0 speeches)
  [Mr. Nigel Beard in the Chair]
  • Clause 163 - Advice and information (0 speeches)
    Question proposed [this day], That the clause stand part of the Bill. Question again proposed. Question put and agreed to. Clause 163 ordered to stand part of the Bill.
  • Clause 164 - Further publicity requirements: Part 4 (3 speeches)
    I beg to move amendment No. 316, in clause 164, page 120, line 5, at end insert 'but should be published as soon after such action or decision as is reasonably practicable.'. Welcome back to our...
  • Clause 165 - Defamation: Part 4 (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 166 - Investigation powers of OFT (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 168 - Investigation powers of the Commission (13 speeches)
    I beg to move amendment No. 158, in page 122, line 19, leave out paragraph (c).
  • Clause 169 - Review of decisions under Part 4 (9 speeches)
    I beg to move amendment No. 325, in page 122, line 37, leave out 'not'. This is a probing amendment, which I hope that the Minister can deal with swiftly. Subsection (2)(a) deals with...
  • Clause 170 - offences (3 speeches)
    I beg to move amendment No. 327, in page 123, line 24, leave out 'and 117 (offences by bodies corporate)'. The CBI brought this relatively small issue to our attention. Clause 170 deals with...
  • Clause 173 - interpretation: part 4 (22 speeches)
    I beg to move amendment No. 328, in page 124, line 31, at end insert 'and includes a local authority or a public body.'.
  • Clause 197 - Power to modify schedule 7 (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 197 - Power to modify schedule 7 (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 175 - The Competition Service (18 speeches)
    I beg to move Government amendment No. 341, in page 128, line 9, leave out 'the Competition Commission and'.
  • Schedule 10 - The Competition Service (9 speeches)
    Amendment made: No. 345, in page 228, line 27, leave out paragraph 1 and insert— '1 (1) The Service shall consist of— (a) the President of the Competition Appeal Tribunal; (b)...
  • Clause 176 - Annual report of Service (12 speeches)
    I beg to move amendment No. 335, in page 128, line 28, leave out ''so far as practicable''.
  • Clause 177 - The Commission (0 speeches)
    Amendment made: No. 355, in page 128, line 34, leave out subsection (1).—[Miss Johnson.] Clause 177, as amended, ordered to stand part of the Bill.Schedule 11The Competition Commission
  • Schedule 11 - The Competition Commission (8 speeches)
    Amendments made: No. 356, in page 232, leave out lines 10 to 12. No. 357, in page 232, line 24, leave out from 'Commission''' to end of line 27. No. 358, in page 232, line 34, leave out paragraph...
  • Schedule 12 - Competition commission: certain procedural rules (3 speeches)
    I beg to move amendment No. 196, in page 234, line 22, after 'group' insert '— (a)'.
  • Clause 12 - The Competition Appeal Tribunal (17 speeches)
    I beg to move amendment No. 28, in page 6, line 5, leave out 'Secretary of State' and insert 'Lord Chancellor'.
  • Schedule 2 - The Competition Appeal Tribunal (2 speeches)
    I beg to move amendment No. 48, in page 184, line 29, leave out 'or any other relevant law and practice' and insert 'or commercial competition economics or business experience'. I am happy to...
  • Schedule 14 - specified functions (0 speeches)
    Amendments made: No. 386, in page 236, line 31, at end insert: 'Chapter 3 of Part 10 and Chapter 2 of Part 18 of the Financial Services and Markets Act 2000 (c.8).' No. 387, in page 236, line...
  • Clause 233 - overseas disclosures (0 speeches)
    Amendments made: No. 381, in page 163, line 35, leave out 'and'. No. 382, in page 163, line 35, at end insert: 'and such subordinate legislation as is specified by order for the purposes of...
  • Clause 235 - Competition information: considerations relevant to disclosure (0 speeches)
    Amendment made: No. 384, in page 164, line 3, leave out from 'any' to end of line and insert: 'specified information (within the meaning of section 228(1))'. —[Miss Melanie Johnson.]...
  • Clause 238 - repeals (3 speeches)
    Amendment made: No. 385, in page 165, line 11, leave out 'section 55' and insert 'sections 55 and 56'.—[Miss Melanie Johnson.] Clause 238, as amended, ordered to stand part of the Bill.
• Enterprise Bill, 14th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 239 - Replacement of Part II of Insolvency Act 1986 (21 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 16 - Schedule B1 to Insolvency Act 1986 (83 speeches)
    I beg to move amendment No. 485, in page 239, line 18, after first ''office'', insert ''(by reason of resignation, death or otherwise)''.
• Enterprise Bill, 15th sitting (1 speech)
  [Mr. Nigel Beard in the Chair]
  • Schedule 16 - Schedule B1 to Insolvency Act 1986 (73 speeches)
    Amendment proposed [this day]: No. 416, in page 252, line 33, leave out '28 days' and insert 'three months'.—[Mr. Waterson] Question again proposed, That the amendment be made.
  • Schedule 17 - Administration: (11 speeches)
    I beg to move amendment No. 565, in page 272, line 6, at end insert— 'Companies Act 1985 (c. 6) 1A The Companies Act 1985 shall be amended as follows 1B In section 225 (alteration of...
  • Clause 241 - Prohibition of appointment (22 speeches)
    I beg to move amendment No. 581, in page 166, line 40, after first 'of', insert 'a receiver who on appointment would be'. This is a technical amendment to correct a reference to a floating...
  • Schedule 18 - Schedule 2a to Insolvency Act 1986 (4 speeches)
    Amendments made: No. 507, in page 280, line 28, leave out 'raising finance as part of' and insert 'implementing'. No. 508, in page 281, line 42, after 'to' insert— '(a)' No. 509, in...
  • Clause 242 - Abolition of Crown preference (13 speeches)
    I beg to move amendment No. 437, in page 170, line 5, after 'production)'' ', insert 'and immediately after those words there shall be inserted ''after deducting any amounts paid or payable by...
• Enterprise Bill, 16th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 242 - Abolition of crown preference (3 speeches)
    Question proposed [9 May], That the clause stand part of the Bill. Question again proposed.
  • Clause 243 - Unsecured creditors (10 speeches)
    I beg to move amendment No. 524, in page 170, line 16, at end insert 'appointed under such floating charge'.
  • Clause 244 - Liquidator's powers (4 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 245 - Duration of bankruptcy (52 speeches)
    I beg to move amendment No. 455, in page 171, leave out line 33 and insert— '(a) in the case of an individual whose bankruptcy arises from the closure of a business or trade established or...
  • Schedule 19 - Duration of bankruptcy: (0 speeches)
    Amendments made: No. 510, in page 285, line 6, leave out '4(a)' and insert '4(1)(a)'. No. 511, in page 285, line 9, leave out sub-paragraph (2) and insert— '(2) If the income payments...
• Enterprise Bill, 17th sitting (0 speeches)
  [Mr. Nigel Beard in the Chair]
  • Schedule 20 - Schedule 4A to Insolvency Act 1986 (17 speeches)
    I beg to move amendment No. 431, in page 286, line 13, after 'knew', insert 'or ought to have known'.
  • Clause 247 - Investigation by official receiver (5 speeches)
    I beg to move amendment No. 432, in page 172, leave out lines 37 and 38. The amendment is, in effect, sponsored by the CBI and the Consumer Credit Association, which makes me wonder whether it...
  • Clause 248 - Income payments order (5 speeches)
    I beg to move amendment No. 555, in page 173, line 17, leave out 'before the discharge of the bankrupt' and insert 'within twelve months of the bankruptcy order'.
  • Clause 249 - Income payments agreement (5 speeches)
    I beg to move amendment No. 556, in page 173, line 36, leave out 'or'.
  • Clause 252 - Individual voluntary arrangement (7 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 22 - Individual voluntary arrangement (8 speeches)
    I beg to move amendment No. 451, in page 291, line 21, leave out 'a bankruptcy debt' and insert 'a debt which is a bankruptcy debt or would be a bankruptcy debt if a bankruptcy order were made in...
  • Clause 253 - Disqualification from office: justice of the peace (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 254 - Disqualification from office: Parliament (22 speeches)
    Amendments made: No. 482, in page 176, line 6, at end insert— '(2) In this section ''enactment'' includes a provision made by or under— (a) an Act of the Scottish Parliament, or (b)...
  • Clause 255 - Disqualification from office: local government (3 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 256 - Disqualification from office: general (6 speeches)
    Amendment made: No. 483, in page 177, line 16, at end insert ''or body''.—[Miss Johnson.]
  • Clause 258 - Fees (10 speeches)
    Amendment made: No. 564, in page 178, line 28, leave out 'refuse or cancel' and insert 'disregard an application or withdraw'.—[Miss Johnson.]
• Enterprise Bill, 18th sitting (0 speeches)
  [Mr. Derek Conway in the Chair]
  • Clause 262 - Provision of financial assistance forconsumer purposes (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 265 - Power to make consequential amendments etc. (3 speeches)
    I beg to move amendment No. 143, in page 180, line 34, at end insert— '(1A) But no order made under subsection (1) may amend or alter or in any way affect Part 6'. This debate echoes one...
  • Schedule 25 - Minor and consequential amendments (4 speeches)
    Amendment made: No. 362, in page 298, line 20, at end insert— 'Superannuation Act 1972 (c.11) 2A (1) The Superannuation Act 1972 is amended as follows (2) In Schedule 1 (kinds of...
  • Schedule 26 - Repeals and revocations (1 speech)
    Amendments made: No. 607,in page 327, leave out line 7 and insert— 'In section 30, subsection (3) and, in subsection (5), the words '', subsection (3)''.'. No. 608, in page 327,...
  • Clause 267 - Commencement (4 speeches)
    I beg to move amendment No. 45, in page 181, line 9, at end add— '(2) Parts 3, 4, 5, 6 and 7 of this Act shall not come into force before 1st March 2005'. It is relatively rare, I...
  • New Clause 7 - Person supplying goods (0 speeches)
    '(1) This section has effect for the purpose of references in this Part to a person supplying or seeking to supply goods under— (a) a hire-purchase agreement; (b) a credit-sale...
  • New Clause 8 - Annual report of Commission (1 speech)
    'After paragraph 12 of Schedule 7 to the 1998 Act (the Competition Commission) there is inserted— ''Annual reports 12A (1) The Commission shall make to the Secretary of State a report...
  • New clause 10 - Application of insolvency law to foreign company (3 speeches)
    '(1) The Secretary of State may by order provide for a provision of the Insolvency Act 1986 (c.45) to apply (with or without modification) in relation to a company incorporated outside Great...
  • New clause 14 - Minority reports of Commission: Part 3 (0 speeches)
    '(1) Subsection (2) applies where, on a reference to the Commission under this Part, a member of a group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7...
  • New clause 15 - Minority reports of Commission: Part 4 (0 speeches)
    '(1) Subsection (2) applies where, on a market investigation reference, a member of a group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the...
  • New Clause 5 - Use of fines by OFT (8 speeches)
    '(1) The OFT will consider whether any fines which it imposes under Chapter I or Chapter II of the 1998 Act might be applied for any purpose or purposes which would contribute towards remedying...
  • New Clause 6 - Enforcement orders: costs (4 speeches)
    'Where the court determines that the person named in the application is not engaged in conduct which constitutes an infringement and that therefore the application brought under section 206 has...
  • New clause 12 - Vesting: the family home (4 speeches)
    'The following shall be inserted into the Insolvency Act 1986 after section 306— ''306A Vesting: The Family Home Notwithstanding section 306(2), the 'family home' shall vest in the...
  • New clause 13 - Application of law about company arrangementor administration to non-company (5 speeches)
    '.—(1) The Treasury may with the concurrence of the Secretary of State by order provide for a company arrangement or administration provision to apply (with or without modification) in...
  • Title (6 speeches)
    Amendments made: No. 368, in line 1 of the long title, leave out 'and the Competition Appeal Tribunal' and insert 'the Competition Appeal Tribunal and the Competition Service'. No. 369, in...