New Clause 9
Health and Social Care Bill
4:00 pm

‘(1) The following provisions of Part 3 of the Enterprise Act 2002 apply, with the modifications in subsections (2) to (8), for the purposes of the exercise by the Competition Commission of its function under section 66(3) as they apply for the purposes of investigations on references under that Part—

(a) section 109 (attendance of witnesses and production of documents),

(b) section 110 (enforcement of powers under section 109: general),

(c) section 111 (penalties),

(d) section 112 (penalties: main procedural requirements),

(e) section 113 (payments and interest by instalments),

(f) section 114 (appeals in relation to penalties),

(g) section 115 (recovery of penalties),

(h) section 116 (statement of policy),

(i) section 117 (offence of supplying false or misleading information), and

(j) section 125 (offences by bodies corporate) so far as relating to section 117.

(2) Section 110 has effect as if—

(a) subsection (2) were omitted,

(b) in subsection (4), for “the report of the Commission on the reference concerned” there were substituted “the report of the Commission on the review concerned”,

(c) for subsections (5) to (8) there were substituted—

“(5) Where the Commission considers that a person has intentionally altered, suppressed or destroyed a document which he has been required to produce under section 109, it may impose a penalty in accordance with section 111.”, and

(d) in subsection (9), for the words from “or (3)” to “section 65(3))” there were substituted “, (3) or (5)”.

(3) Section 111 has effect as if—

(a) in subsection (1), for “or (3)” there were substituted “, (3) or (5)”, and

(b) in subsections (3) and (6), after “110(3)” there were inserted “or (5)”.

(4) Section 111(5)(b)(ii) has effect as if—

(a) for “the reference concerned” there were substituted “the review concerned”,

(b) the words “(or, in the case of a report under section 50 or 65, given)” were omitted,

(c) the words “(or given)”, in each place they appear, were omitted, and

(d) the words “by this Part” were omitted.

(5) Section 112 has effect as if, in subsection (1), for “or (3)” there were substituted “, (3) or (5)”.

(6) Section 114 has effect as if, in subsection (1), for “or (3)” there were substituted “, (3) or (5)”.

(7) Section 115 has effect as if for “or (3)” there were substituted “, (3) or (5)”.

(8) Section 116 has effect as if, in subsection (2), for “or (3)” there were substituted “, (3) or (5)”.

(9) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to the making of orders) have effect for the purposes of the application of those sections by virtue of subsection (1) in relation to those sections as applied by virtue of that subsection.

(10) Accordingly, corresponding provisions of this Act do not have effect in relation to those sections as applied by virtue of this section.’.—(Mr Simon Burns.)

Brought up, and added to the Bill.