Moved by
Baroness Finlay of Llandaff
143: After Clause 31, insert the following new Clause—
“Advice on proposal to make regulations applying Part 1, 2 or 3
(1) Where the CMA is given notice of proposed regulations in accordance with section (Legislation to which market access principles apply)(5), (Services: application of sections 18 to 20)(9) or (Application of Part 3)(3), the CMA must give advice, or make a report, to the Secretary of State with respect to the proposed regulations.
(2) The advice or report must (among other things) consider the potential effects on the matters specified in subsection (3)—
(a) of any regulatory provision that any relevant national authority has proposed or might reasonably be expected to propose and that would be affected by the making of the proposed regulations, and
(b) of the application of Part 1, 2 or 3 of this Act by virtue of the proposed regulations.
(3) The matters mentioned in subsection (2) are—
(a) the effective operation of the internal market in the United Kingdom, including—
(i) indirect or cumulative effects,
(ii) distortion of competition or trade, and
(iii) impacts on prices, the quality of goods and services or choice for consumers,
(b) the following in each part of the United Kingdom—
(i) the health and safety of humans, animals and plants,
(ii) standards of environmental protection, and
(iii) any other aim that any regulatory provision mentioned in subsection (2)(a) would seek to promote.
(4) Where the CMA gives advice, or makes a report, to the Secretary of State under this section—
(a) it must at the same time send a copy of the advice or report to the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland;
(b) it must publish the advice or report in such manner as it considers appropriate.”
Member’s explanatory statement
This amendment requires the CMA to provide advice or a report to the Secretary of State when notified of proposed regulations applying Part 1, 2 or 3 of the Bill and it specifies matters that the advice or report must consider.