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Clause 35 - Appeals relating to revisions of codes

Water Bill – in a Public Bill Committee at 3:45 pm on 10th December 2013.

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Photo of Dan Rogerson Dan Rogerson The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs 3:45 pm, 10th December 2013

I beg to move amendment 38, in clause 35, page 70, leave out lines 13 to 16 and insert—

‘(1) Except where otherwise provided, the functions of the CMA with respect to appeals under section 207A are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.’.

Photo of Linda Riordan Linda Riordan Labour, Halifax

With this it will be convenient to discuss Government amendment 39.

Photo of Dan Rogerson Dan Rogerson The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs

Schedule 6—[ Interruption. ] The hon. Member for Dunfermline and West Fife was prescient in claiming that, from time to time, inspiration strikes me. He can see a little something move across my eyes. There is an aura about me that I am receiving something important. Maybe one of those moments has just arrived.

This group of amendments inserts a provision that requires the chair of the Competition and Markets Authority to set up a specialist panel under schedule 4 to the Enterprise and Regulatory Reform Act 2013 to hear appeals against Ofwat’s decisions to make changes to codes. That replaces a similar provision for the CMA to carry out its functions in accordance with part II of  schedule 7 to the Competition Act 1998, which will be repealed by the Enterprise and Regulatory Reform Act 2013 in April 2014 when the functions of the Office of Fair Trading and the Competition Commission are transferred to the CMA. The amendments bring the wording on regulatory appeals into line with provisions for appeals on changes to some energy codes. Those provisions are amended by the Enterprise and Regulatory Reform Act 2013.

Amendment 38 agreed to.

Amendment made: 39, in clause 35, page 71, leave out lines 23 to 28.—(Dan Rogerson.)

Clause 35, as amended, ordered to stand part of the Bill.

Schedule 6 agreed to.