[Part II]

Part of Enterprise Bill – in a Public Bill Committee at 8:00 pm on 23rd April 2002.

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Photo of Miss Melanie Johnson Miss Melanie Johnson Parliamentary Under-Secretary, Department of Trade and Industry 8:00 pm, 23rd April 2002

I beg to move amendment No. 174, in page 142, line 2, at end insert—

'(3A) In section 8A (variation etc of disqualification undertaking) after subsection (2) there is inserted the following subsection—

''(2A) Subsection (2) does not apply to an application in the case of an undertaking given under section 9B, and in such a case on the hearing of the application whichever of the OFT or a specified regulator (within the meaning of section 9E) accepted the undertaking—

(a) must appear and call the attention of the court to any matters which appear to it or him (as the case may be) to be relevant;

(b) may give evidence or call witnesses.''

(3B) In section 8A for subsection (3) there is substituted—

''(3) In this section ''the court''—

(a) in the case of an undertaking given under section 9B means the High Court or (in Scotland) the Court of Session;

(b) in any other case has the same meaning as in section 7(2) or 8 (as the case may be).''.'