Kevin Hollinrake
MP for Thirsk and Malton · Conservative · United Kingdom
“That issue is one of the many things that the people who signed the petition are concerned about, Dr Huq. One of the big things that the Government promised, which I agree with them about, is the need to encourage faster growth in our economy. Of course that is right, but look at where that growth is.”
“The UK economy went through many challenges, of course, some of them caused by Brexit; the reality is that a change like that was bound to have a short-term effect—but only a short-term effect. The country grew faster than Germany and France during that period of time.”
“As I said before, governing is not easy; we had many challenges ourselves, and we did not get everything right, but what we did during that difficult period of time—those 14 years—was get 1.2 million more people employed in our economy. Unemployment was halved during our time in office.”
“Of course, many Government Members supported his leadership challenge. We are here now, looking forward to a general election coming down the track. We are ready for a general election when the Government are, because, unlike them, we have a strong leader—against their weak leader.”
“I was, absolutely. I thank my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for his excellent opening speech. He made so many good points, not least about the level of support for this petition.”
“Members on the Government side of the House also feel betrayed and angry with their own leadership, for marching them up to the top of the hill and marching them back down again on many of these issues, but they do not feel as betrayed as the businesspeople in this country in particular.”
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“First, the competition measures in the Bill will give the CMA new powers to enable it to tackle anti-competitive activity swiftly and effectively, meaning that it can focus its work on the areas of greatest potential harm. The competition environment is complex and ever evolving. We must respond carefully but decisively to changes in the judicial and legislative landscape to provide certainty and to avoid any unintended detrimental consequences of wider developments. New clause 8 amends the Competition Act 1998 so that the absolute bar on damages-based agreements being relied on in opt-out collective actions will not apply to third-party litigation funding agreements, which are the main source of funding for that type of action.”
“Importantly, the reforms will also grow the economy by boosting competition, better placing the UK to succeed in export markets. It will allow the Competition and Markets Authority to more effectively deter, prevent, and, where necessary, enforce against monopolistic behaviours. That will ensure that the free market can operate effectively. The Government amendments to parts 2 to 5 of the Bill will provide greater clarity, ensure coherence with related legislation, and make sure the Bill’s measures meet their intended aims. Almost all the amendments are technical in nature. I will address them across four categories: competition, consumer enforcement, consumer rights and cross-cutting provisions.”
“It is a simple fact that the way in which we buy products and services today very often involves a digital process. The opportunities that follow are vast—more accessibility, flexibility and choice for consumers—but there is also a greater risk of consumer harm, including, for example, consumers being trapped in a subscription contract that they no longer want or purchasing goods that may not be up to scratch because they unknowingly relied on a fake review. We must ensure that consumers and their cash are protected. Swifter interventions to tackle bad business practices against consumers are expected to deliver a consumer benefit of £9.7 billion over 10 years, as UK consumers benefit from new rights, stronger law enforcement and more competition through merger control.”
“Friend the Member for Weston-super-Mare (John Penrose) for his excellent engagement—over the weekend in particular—and my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) for his many important and relevant amendments. The reforms to the competition and consumer regimes contained in parts 2 to 5 of the Bill will grow the economy and deliver better outcomes for consumers and bona fide businesses. Consumers will have more choice and protection, and pay lower prices. Businesses will operate on a fairer and more level playing field. The reforms will do that by enhancing the wider competition regime, strengthening the enforcement of consumer protection law, and putting in place new consumer rights and more transparency.”
“May I first echo the remarks about the excellent address by the Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Meriden (Saqib Bhatti)? I welcome him to his place—he did a fine job on his first outing in such a complex debate. I, too, am delighted to bring the Digital Markets, Competition and Consumers Bill to the House on Report. May I express my gratitude to colleagues across the House for their contributions to Second Reading and Committee stages, and for their continued engagement throughout its passage? I thank in particular the hon. Members for Pontypridd (Alex Davies-Jones) and for Feltham and Heston (Seema Malhotra) for their constructive engagement and commitment to seeing the Bill delivered quickly so that its benefits can be realised. I also thank my hon.”
“We think it is a sufficiently important issue and something we consulted on previously. We have a good idea of the kind of measures we would like to put in place, and we are adding more flexibility—my hon. Friend will have seen some of the Government amendments that have been tabled in response to concerns raised by Members of the House, including my right hon. and learned Friend the Member for South Swindon. We want that flexibility, yet we want to move on quickly with this important reform. There is about £1.6 billion of potential benefit to consumers through this Bill.”
“In order to avoid possible uncertainty, we are introducing amendments that will exclude contracts regulated by Ofcom, such as prepaid pay-as-you-go mobile phone contracts, as well as contracts for prepaid passenger transport services, such as prepaid Transport for London Oyster cards, from the list of what constitutes a consumer savings scheme. Finally, we are introducing two amendments to maintain the effect of the Consumer Protection: Unfair Trading Regulations 2008, which the Bill repeals and largely restates. The first relates to the application of disclosure of information provisions in part 9 of the Enterprise Act 2002, and the second relates to the information requirement placed on a trader in certain circumstances. Two technical amendments are also being introduced.”
“We are therefore introducing an amendment to clarify that gambling contracts, which are already regulated under gambling laws, are excluded from the scope of the subscription contract measures. I trust that that amendment will offer them, and those in the industry, clarity on the matter. Let me turn to a series of technical Government amendments in relation to protections for consumer savings schemes. Such schemes involve making deposits to save towards a specified event such as Christmas or back-to-school shopping, and they are a vital means for British families to budget for those big occasions. The Bill is not designed to capture routine advance payments for services.”
“A further amendment clarifies that, in the event of a dispute about the cancellation of a contract, the onus is on the consumer to prove that the method in which they sent a notification to cancel their subscription contract was sufficiently clear. That intends to rectify the concern that businesses will be subject to enforcement action if a consumer attempts to cancel their subscription contract through unconventional means, for example through a tweet. I thank my right hon. Friend the Member for Calder Valley (Craig Whittaker) and the hon. Member for Gordon (Richard Thomson) for their continued engagement on Second Reading and in Committee on the issue of whether society lotteries are captured under the subscription measures. As I said in Committee, it is certainly not our intention to capture those contracts.”
“For businesses that offer those contract types, the amendments will see their regulatory burden decrease as they will be required to send only two reminder notices per year instead of three. That also ensures that consumers do not receive too many notices at the start of their contract. The requirement to send a reminder notice before a free or low-cost trial rolls over to a full contract will remain in place. In addition, we are creating a new power for the Secretary of State to disapply or modify reminder notice requirements in respect of particular entities or contracts, and amend the timeframes in which a business must send a reminder notice to a consumer. The amendments provide greater flexibility and clarity on when reminder notices should be sent, allowing for adaptability post implementation.”
“Our position is that we do not intervene in the practices of businesses unless there is a necessity to do so. We leave those channels open for decisions by businesses in the services that they offer to consumers, rather than dictating to them how they should communicate with their consumers. It is absolutely right that those channels are open and freely available. One important thing we are doing in the Bill is making it much easier to terminate a contract. A person should be able to end a contract as easily as they enter into it, and that is an important part of the Bill. The Government are bringing forward a series of amendments that remove the requirement for businesses that offer subscription contracts to send a reminder notice ahead of the first renewal notice in instances where there is no free trial.”
“(3) If the consumer has not— (a) opted into an arrangement under subsection (1), or (b) given notification of the consumer’s intention to renew by the date specified under subsection (2), the contract will lapse on the renewal date.”— (Alex Davies-Jones.) This new clause would allow the consumer to opt-out of their subscription auto-renewing every six months, or if the period between payments is longer than six months, before every payment. If the consumer does not opt-in to auto-renewal, they would be required to notify the trader manually about renewing. Brought up, and read the First time. Question put, That the clause be read a Second time.”
“New Clause 29 Contract renewal: option to opt in “(1) Before a trader enters into a subscription contract with a consumer where section 247(2) applies, the trader must ask the consumer whether they wish to opt-in to an arrangement under which the contract renews automatically at one or more of the following times— (a) after a period of six months and every six months thereafter, or (b) if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due. (2) If the consumer does not opt-in to such an arrangement, the trader must provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.”
“New Clause 22 Removal of limit on the tenure of a chair of the Competition Appeal Tribunal “In Schedule 2 to EA 2002 (the Competition Appeal Tribunal), in paragraph 2 (tenure etc) omit sub-paragraph (2).”— (Kevin Hollinrake.) This new clause (which would be inserted into Part 5 of the Bill) removes the prohibition on a person being a chair of the Competition Appeal Tribunal for more than 8 years. Brought up, read the First and Second time, and added to the Bill.”
“(5) The expiry of this Chapter does not affect its continued operation in relation to any information notice given under section ( Power to require information about competition in connection with motor fuel ) before its expiry.”— (Kevin Hollinrake.) This new clause provides that the new first Chapter of Part 5 of the Bill to be formed by the new clauses inserted by this Amendment, and NC14 to NC19, expires five years after it comes into force, unless the Secretary of State makes regulations extending the period for which the Chapter has effect Brought up, read the First and Second time, and added to the Bill.”
“(2) The “relevant period” means the period of five years beginning with the day on which this Act is passed. (3) The Secretary of State may by regulations amend this section to change the definition of the “relevant period”. (4) Regulations under subsection (3) are subject to the affirmative procedure.”
“New Clause 20 Information sharing “In Schedule 14 to EA 2002 (provisions about disclosure of information) at the appropriate place insert— “Chapter A1 of Part 5 of the Digital Markets, Competition and Consumer Act 2024.””— (Kevin Hollinrake.) This new clause provides that the restrictions on the disclosure of information contained in Part 9 of the Enterprise Act 2002 apply to information that comes to the CMA in connection with the exercise of its functions under the new first Chapter of Part 5 of the Bill to be formed by the new clauses inserted by NC14 to NC21. Brought up, read the First and Second time, and added to the Bill. New Clause 21 Expiry of this Chapter “(1) This Chapter, apart from subsection (5) of this section and section ( Information sharing ), expires at the end of the relevant period.”
“(2) A person may not be found guilty of an offence under section ( Offences etc ) by virtue of an act or omission if the person has paid a penalty imposed under section ( Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel) ) in relation to that act or omission.”— (Kevin Hollinrake.) This new clause prevents a person from being charged a penalty under the new clause inserted by NC15, and being found guilty of an offence under the new clause inserted by NC18, in respect of the same acts or omissions. Brought up, read the First and Second time, and added to the Bill.”
“New Clause 19 Penalties under section ( Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel) ) and offences under section ( Offences etc ) “(1) The CMA may not impose a penalty on a person under section ( Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel) ) in relation to an act or omission which constitutes an offence under section ( Offences etc ) if the person has, in relation to that act or omission, been found guilty of that offence.”
“(7) If an offence under this section committed by a partnership in Scotland is proved— (a) to have been committed with the consent or connivance of a partner, or (b) to be attributable to neglect on the partner’s part, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (8) In subsection (7), “partner” includes a person purporting to act as a partner.”— (Kevin Hollinrake.) This new clause makes it an offence for a person to destroy or falsify information the person is required to give to the CMA by virtue of an information notice given to the person under the new clause inserted by NC14 or to provide the CMA with false or misleading information in connection with such an information notice. Brought up, read the First and Second time, and added to the Bill.”
“Offences by officers of a body corporate etc (5) If an offence under this section committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer of the body corporate, or (b) to be attributable to neglect on the part of an officer of the body corporate, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (6) If the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.”
“(3) A person (“P”) commits an offence if P gives information to another person which is false or misleading in a material particular and P— (a) either— (i) knows the information to be false or misleading in a material particular, or (ii) is reckless as to whether the information is false or misleading in a material particular, and (b) knows that the information will be given to the CMA in connection with an information notice under that section. Sentences (4) A person guilty of an offence under this section is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”
“New Clause 18 Offences etc “ Destroying or falsifying information (1) A person (“P”) commits an offence if, having been required to give information to the CMA under section ( Power to require information about competition in connection with motor fuel ), P— (a) intentionally or recklessly destroys or otherwise disposes of it, falsifies or conceals it, or (b) causes or permits its destruction, disposal, falsification or concealment. False or misleading information (2) A person (“P”) commits an offence if— (a) P gives information to the CMA in connection with an information notice under section ( Power to require information about competition in connection with motor fuel ), (b) the information is false or misleading in a material particular, and (c) P knows that it is or is reckless as to whether it is.”
“(7) The CMA must have regard to the statement of policy most recently published under this section at the time of the act or omission giving rise to the penalty when deciding— (a) whether to impose the penalty, and (b) if so, the amount of the penalty.”— (Kevin Hollinrake.) This new clause requires the CMA to publish a statement of policy about the imposition of penalties under the new clause inserted by NC15. Brought up, read the First and Second time, and added to the Bill.”
“(4) In preparing or revising its statement of policy the CMA must consult— (a) the Secretary of State, and (b) such other persons as the CMA considers appropriate. (5) A statement of policy, or revised statement, may not be published under this section without the approval of the Secretary of State. (6) Subsection (7) applies where the CMA proposes to impose a penalty under section ( Penalties for failure to comply with notices under section ( Power to require information about competition in connection with motor fuel) ) on an undertaking.”
“Brought up, read the First and Second time, and added to the Bill. New Clause 17 Statement of policy on penalties “(1) The CMA must prepare and publish a statement of policy in relation to the exercise of powers to impose a penalty under section ( Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel) ). (2) The statement must include a statement about the considerations relevant to the determination of— (a) whether to impose a penalty under section (Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel)), and (b) the nature and amount of any such penalty. (3) The CMA may revise its statement of policy and, where it does so, must publish the revised statement.”
“(2) For the purposes of this section— (a) sections 112 to 115 of EA 2002 are to be read as if references to ‘the appropriate authority’ were references to the CMA only; (b) section 114(5A) of EA 2002 is to be read as if the words ‘In the case of a penalty imposed on a by the CMA or OFCOM,’ were omitted; (c) section 114(12) of EA 2002 is to be read as if, for paragraph (b), there were substituted— ‘(b) “the relevant guidance” means the statement of policy which was most recently published under section (Statement of policy on penalties) of the Digital Markets, Competition and Consumers Act 2024 at the time of the act or omission giving rise to the penalty.’”— (Kevin Hollinrake.) This new clause applies provision in sections 112 to 115 of the Enterprise Act 2002, with modifications, for the purposes of the new clause inserted by NC15.”
“New Clause 16 Procedure and appeals “(1) Sections 112 (penalties: main procedural requirements), 113 (payments and interest by instalments), section 114 (appeals) and 115 (recovery of penalties) of EA 2002 apply in relation to a penalty imposed under section ( Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel) ) as they apply in relation to a penalty imposed under section 110(1) of that Act.”
“(7) The regulations may, among other things— (a) make provision about amounts which are, or are not, to be included in an undertaking’s turnover; (b) make provision about the date or dates by reference to which an undertaking’s turnover is to be determined; (c) confer on the CMA the power to determine and make provision about matters specified in the regulations (including the matters mentioned in paragraphs (a) and (b)). (8) Regulations under subsection (6) are subject to the negative procedure.”— (Kevin Hollinrake.) This new clause would allow the CMA to impose financial penalties on undertakings who fail to comply with an information notice given under the new clause inserted by NC14. Brought up, read the First and Second time, and added to the Bill.”
“(5) In imposing a penalty under this section by reference to a daily rate— (a) no account is to be taken of any days before the service on the undertaking concerned of the provisional penalty notice under section 112(A1) of EA 2002 (as applied by section ( Procedure and appeals )), and (b) unless the CMA determines an earlier day (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the day on which the undertaking first complies with the requirement in question. (6) The Secretary of State may by regulations make provision for determining the turnover (both inside and outside the United Kingdom) of an undertaking for the purposes of this section.”
“(4) The maximum amounts of a penalty that may be imposed on an undertaking are— (a) in the case of a fixed amount, an amount equal to 1% of the total value of the undertaking’s turnover (both inside and outside the United Kingdom); (b) in the case of an amount calculated by reference to a daily rate, for each day an amount equal to 5% of the total value of the undertaking’s daily turnover (both inside and outside the United Kingdom); (c) in the case of a combination of a fixed amount and an amount calculated by reference to a daily rate, the amounts mentioned in paragraph (a), in relation to the fixed amount, and paragraph (b), in relation to the amount calculated by reference to a daily rate.”
“(2) The amount of a penalty imposed on an undertaking under this section may be such amount as the CMA considers appropriate, provided it does not exceed the amounts set out in subsection (4). (3) The amount of a penalty under this section must be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate.”
“New Clause 15 Penalties for failure to comply with notices under section (Power to require information about competition in connection with motor fuel ) “(1) The CMA may impose a penalty on an undertaking where it considers that the undertaking has, without reasonable excuse— (a) failed to comply with an information notice under section ( Power to require information about competition in connection with motor fuel ); (b) destroyed, otherwise disposed of, falsified or concealed, or caused or permitted the destruction, disposal, falsification or concealment of, any document which the undertaking has been required to produce by an information notice under that section; (c) given the CMA information which is false or misleading in a material particular in connection with an information notice under that section; (d) given information which is false or misleading in a material particular to another undertaking knowing that the information was to be used for the purpose of giving information to the CMA in connection with an information notice under that section.”
“(11) In this Chapter, ‘undertaking’ has the same meaning it has for the purposes of Part 1 of CA 1998 (competition: agreements, abuse of dominant position etc).”— (Kevin Hollinrake.) This new clause (which, along with the new clauses inserted by NC15 to NC21, would form a new first Chapter in Part 5 of the Bill) allows the CMA to give an information notice to undertakings involved in the distribution, supply or retail of petrol or diesel requiring them to provide the CMA with information for the purposes mentioned in subsection (1) of the clause. Brought up, read the First and Second time, and added to the Bill.”
“(8) In this section— ‘consumer’ has the same meaning as in Part 4 of EA 2002 (see section 183(1) of that Act); ‘motor fuel’ has the same meaning as in the Motor Fuel (Composition and Content) Regulations 1999 (see regulation 2 of those Regulations), but as if paragraphs (c) and (d) of the definition of that term were omitted; ‘specified’ means— (a) specified, or described, in the information notice, or (b) falling within a category which is specified, or described, in the information notice; ‘United Kingdom’ includes a part of the United Kingdom. (9) The Secretary of State may by regulations amend the definition of ‘motor fuel’ in subsection (8). (10) Regulations under subsection (9) are subject to the negative procedure.”
“(6) A ‘privileged communication’ is a communication— (a) between a professional legal adviser and their client, or (b) made in connection with, or in contemplation of, legal proceedings, which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege. (7) In the application of this section to Scotland— (a) the reference to the High Court is to be read as a reference to the Court of Session, and (b) the reference to legal professional privilege is to be read as a reference to the confidentiality of communications.”
“(4) The power under this section to require U to give information to the CMA includes the power to— (a) require U to take copies of or extracts from information; (b) require U to obtain or generate information; (c) require U to collect or retain information that they would not otherwise collect or retain; (d) if any specified information is not given to the CMA, require U to state, to the best of their knowledge and belief, both where that information is and why it has not been given to the CMA. (5) An undertaking may not be required under this section to give the CMA a privileged communication.”
“(2) The power conferred by subsection (1) is to be exercised by giving U a notice (an ‘information notice’). (3) The CMA must include in an information notice— (a) the time at which, or the frequency with which, the information must be given to the CMA; (b) the manner and form in which the information must be given to the CMA; (c) information about the possible consequences of not complying with the notice.”
“New Clause 14 Power to require information about competition in connection with motor fuel “(1) The CMA may require an undertaking involved in, or connected with, the distribution, supply or retail of motor fuel (‘U’) to give specified information to it where it considers that the information would assist the CMA in— (a) assessing competition in the United Kingdom in connection with the retail of motor fuel; (b) publishing information about competition in the United Kingdom in connection with the retail of motor fuel; (c) making proposals, or giving information or advice, to the Secretary of State about the need for, or the potential for, action to be taken (whether by the Secretary of State or another person) and what that action should be for the purposes of— (i) increasing competition in the United Kingdom in connection with the retail of motor fuel; (ii) benefiting consumers of motor fuel; (d) assessing the effectiveness of any action taken as a result of proposals made, or information or advice given, under paragraph (c).”
“(4) Regulations under this section are subject to the negative procedure.”— (Kevin Hollinrake.) This new clause (which would be inserted into Chapter 4 of Part 4 of the Bill) confers power to make regulations about the fees payable under clauses 289 and 292. The power includes power to prescribe cases or circumstances in which no fee is required to be paid. Brought up, read the First and Second time, and added to the Bill.”
“(3) In making regulations under this section the Secretary of State must have regard to the need to secure that, taking one year with another— (a) the total amount of fees paid does not exceed the costs to the Secretary of State of carrying out functions under this Chapter; (b) the total amount of fees paid under section 289(1) does not exceed the costs to the Secretary of State of processing and determining applications for accreditation; (c) the total amount of fees paid under section 289(3B) does not exceed the costs to the Secretary of State of processing and determining applications for the variation of an accreditation.”
“New Clause 13 ADR fees regulations “(1) The Secretary of State may by regulations make provision about the following descriptions of fees, namely— (a) fees to be paid by applicants for accreditation under section 289(1); (b) fees to be paid by applicants for the variation of their accreditation under section 289(3B); (c) fees to be paid by accredited ADR providers under section 292(1). (2) The power to make provision about a description of fees includes power to provide— (a) for fees of different specified amounts to be payable in different cases or circumstances; (b) for cases or circumstances in which no fees are to be payable; (c) in the case of fees to be paid under section 292, the times at which the fees are to be paid.”
“2003/1369), for the definition of ‘working day’ substitute— ‘“working day” means any day other than— (a) a Saturday or Sunday, or (b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.’”— (Kevin Hollinrake.) This new clause (which would be inserted into Chapter 5 of Part 2 of the Bill) amends Parts 3 and 4 of the Enterprise Act 2002, and the Enterprise Act 2002 (Merger Prenotification) Regulations 2003, so that they are consistent in providing that a bank holiday in any part of the United Kingdom is not a working day. Brought up, read the First and Second time, and added to the Bill.”
“(6) In Part 4 of EA 2002 (market studies and market investigations), in section 151 (public interest intervention cases: interaction with general procedure)— (a) in subsection (3), after ‘20’ insert ‘working’; (b) in subsection (5), after ‘20’ insert ‘working’; (c) omit subsection (6); (d) at the end insert— ‘(7) In this section, “working day” means any day other than— (a) a Saturday or Sunday, or (b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.’ (7) In regulation 2(1) of the Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I.”
“(5) In Chapter 5 (supplementary)— (a) in section 129(1) (other interpretative provisions), at the appropriate place insert— ‘“working day” means any day other than— (a) a Saturday or Sunday, or (b) a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.’; (b) in section 130 (index of defined expressions), at the appropriate place insert— ‘Working day Section 129(1)’.”
“(3) In Chapter 2 (public interest cases)— (a) in section 54 (decision of Secretary of State in public interest cases)— (i) in subsection (5), after ‘30’ insert ‘working’; (ii) omit subsection (8); (b) in section 56 (competition cases where intervention on public interest grounds ceases)— (i) in subsection (4), in paragraph (b), after ‘20’ insert ‘working’; (ii) omit subsection (5). (4) In Chapter 4 (enforcement), in section 73A (time limits for consideration of undertakings) omit subsection (12).”
“New Clause 12 Meaning of “working day” in Parts 3 and 4 of EA 2002 “(1) Part 3 of EA 2002 (mergers) is amended as follows. (2) In Chapter 1 (duty to make references)— (a) in section 25 (extension of time limits)— (i) in subsection (1), after ‘20’ insert ‘working’; (ii) in subsection (5), in paragraph (b), after ‘10’ insert ‘working’; (b) omit section 32 (supplementary provision for the purposes of section 25); (c) in section 34ZA(3) (time limits for decisions about references) omit the definition of ‘working day’; (d) in section 34ZB (extension of time limits) omit subsection (9); (e) in section 34ZC (sections 34ZA and 34ZB: supplementary) omit subsection (9).”
“6))’; (b) omit paragraph (l); (c) in paragraph (m), for ‘the duties of the Director General of Gas for Northern Ireland under article 5 of that Order’ substitute ‘the objective and duties of the Northern Ireland Authority for Utility Regulation under Article 14 of the Energy (Northern Ireland) Order 2003’; (d) in paragraph (r), for ‘Monitor’ substitute ‘NHS England’. (4) In subsection (5), in paragraph (ia), for ‘Monitor’ substitute ‘NHS England’.” — (Kevin Hollinrake.) This new clause (which would be inserted into Chapter 3 of Part 2 of the Bill) tidies up section 168 of the Enterprise Act 2002 to remove spent references and to correct references that have become out of date. Brought up, read the First and Second time, and added to the Bill.”
“New Clause 11 Taking action in relation to regulated markets “(1) In Chapter 4 of Part 4 of EA 2002 (market studies and market investigations: supplementary), section 168 (regulated markets) is amended as follows. (2) In subsection (3) omit paragraph (j). (3) In subsection (4)— (a) in paragraph (g), for ‘the duty of the Director General of Electricity Supply for Northern Ireland under article 6 of that Order’ substitute ‘the objective and duties of the Northern Ireland Authority for Utility Regulation under Article 12 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I.”
“(9) This subsection applies where— (a) the reference under section 131 is made two years or more after the publication of the market study report in relation to the market study notice, or (b) there has been a material change in circumstances since the preparation of the report.’” — (Kevin Hollinrake.) This new clause (which would be inserted into Chapter 3 of Part 2 of the Bill) responds to the decision of the Competition Appeal Tribunal in Apple v CMA [2023] CAT 2. It allows the CMA to make a reference under section 131 of the Enterprise Act 2002, if it has previously made a decision not to do so, in the two cases mentioned in what will be new subsection (9) of section 131B of that Act. Brought up, read the First and Second time, and added to the Bill.”