Mr Roger Gale (North Thanet, Conservative)

I remind the Committee that with this it will be convenient to take the following: Amendment No. 128, in

clause 6, page 7, line 11, at end insert—

'(c) to seek the views of persons providing services and facilities in relation to which OFCOM have functions on which of these functions should be subject to review.'.

Amendment No. 3, in

clause 6, page 7, line 16, leave out 'and'.

Amendment No. 4, in

clause 6, page 7, line 18, at end insert 'and

(c) whether the procedures for self-regulation offer adequate opportunities for public scrutiny and for reporting on those activities to OFCOM, to the Secretary of State and to Parliament as appropriate.'.

Amendment No. 50, in

clause 6, page 7, line 18, at end insert—

'(c) whether persons with sufficient commercial knowledge of the persons who may be subjected to the procedures are consulted.'.

Amendment No. 122, in

clause 355, page 307, line 7, at end add—

'(4) OFCOM's competition functions should form part of the review of regulatory burdens by OFCOM as described in section 6.'.

New clause 2—Duty to establish and maintain Competition Board

To move the following Clause:—

'(1) It shall be the duty of OFCOM to establish and maintain a committee to be known as ''the Competition Board''.

(2) The Competition Board shall consist of—

(a) a chairman appointed by OFCOM; and

(b) such number of other members appointed by OFCOM as OFCOM may determine.

(3) In appointing a person OFCOM must have regard to the desirability of ensuring that the persons appointed are experts, both users and suppliers of electronic communications, working in the industry who have a commercial knowledge of the market.

(4) Before appointing a person to be chairman or another member of the Competition Board, OFCOM must satisfy themselves that he will not have any direct financial or other interest which

would be likely prejudicially to affect the carrying out by him of any of his functions as chairman or member of the Competition Board.'.

New clause 3—Functions of the Competition Board

To move the following Clause:—

'(1) The functions conferred on the Competition Board must include, to such an extent and subject to such restrictions and approvals as OFCOM may determine, the carrying out on OFCOM's behalf of—

(a) functions in relation to ensuring that there is a constant process of evaluating the level of competition in the market, assessing possible moves to self-regulation, and between ex ante and ex post regulation;

(b) functions in relation to determining the matters to which a regulatory impact assessment should relate; and

(c) functions in relation to addressing and managing the issues of concurrent powers between OFCOM and the Office of Fair Trading.

(2) The power of OFCOM to determine the Competition Board's functions includes power to authorise the Board to establish committees and panels to advise the Board on the carrying out of some or all of the Board's functions.'.

New clause 4—Duty to establish and maintain Economic Panel

To move the following Clause:—

'(1) It shall be the duty of OFCOM, in accordance with the following provisions of this section, to exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (c. 11) to establish and maintain a committee to be known as ''the Economic Panel'' to give advice to OFCOM on economic theory and practice in relation to the exercise of their functions under this Act and, in particular, in relation to the following matters—

(a) the nature and operation of markets for electronic networks, electronic communications services and associated facilities;

(b) the interests of providers of such networks, services and facilities as well as those of consumers;

(c) the promotion of competition between such providers; and

(d) economic regulatory policy.

(2) The arrangements made by OFCOM under this section must also secure that the Economic Panel are able, in addition to giving advice on the matters mentioned in subsection (1), to make arrangements for the carrying out of such research relevant to the giving of that advice as they think fit.

(3) It shall be the duty of OFCOM, in the carrying out of their functions, to consider and, to such extent as they think appropriate, to have regard to—

(a) any advice given to OFCOM by the Economic Panel; and

(b) any results notified to OFCOM of any research undertaken by that Panel.'.

New clause 7—Industry consultation

To move the following Clause:—

'(1) It shall be the duty of OFCOM to establish and maintain effective arrangements for consultation about the carrying out of their functions with—

(a) suppliers in the markets for the services and facilities in relation to which OFCOM have functions;

(b) suppliers in the markets for apparatus used in connection with any such services or facilities.

(2) The arrangements must include the establishment and maintenance of a panel of persons (in this Act referred to as ''the Industry Consultative Panel'') with the function of advising OFCOM.

(3) It shall be the duty of OFCOM, in the carrying out of their functions, to consider and, to such extent as they think appropriate, to have regard to the views given to OFCOM by the Industry Consultative Panel.

(4) The members of the Industry Panel shall be appointed by OFCOM and shall comprise a chairman and such other members as OFCOM may determine.'.

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