Moved by
Baroness Bloomfield of Hinton Waldrist
13: Clause 5, page 4, line 2, leave out “of a kind specified in” and insert “specified in Part 1 of”
Member’s explanatory statement
This amendment is consequential on the Government amendment to paragraphs 7 and 8 of Schedule 4 and the insertion of a new Part of Schedule 4.
14: Clause 5, page 4, line 2, at end insert—
“(aa) is not specified in Part 2 of Schedule 4,”
Member’s explanatory statement
This amendment is consequential on the Government amendments to paragraphs 7 and 8 of Schedule 4 and the insertion of a new Part of Schedule 4.
15: Clause 5, page 4, line 3, at end insert “, and
(c) in the case of an activity carried out by a person that is not a public authority or public undertaking, is carried out pursuant to a special or exclusive right.”
Member’s explanatory statement
This amendment would ensure that a private utility is only a contracting authority in respect of the utility activities for which the utility has a special or exclusive right.
16: Clause 5, page 4, line 4, leave out subsection (3)
Member’s explanatory statement
This amendment is consequential on the Government amendment to subsection (2) inserting new paragraph (c).
17: Clause 5, page 4, line 21, at end insert—
“(5A) An appropriate authority may by regulations amend Part 2 of Schedule 4 for the purpose of—
(a) specifying an activity, or
(b) removing an activity.
(5B) Regulations under subsection (5A) may not specify an activity unless the authority is satisfied that—
(a) the activity is carried out on a market that is subject to fair and effective competition, and
(b) entry to that market is unrestricted.”
Member’s explanatory statement
This amendment would allow an appropriate authority to amend Part 2 of Schedule 4, which sets out activities which are not to fall within the definition of utility activity.