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Postal Services Bill [HL]

I beg to move Amendment 96ZB. In doing so, I will also speak to the other amendments in the group standing in the name of my noble friend the Secretary of State. This group of amendments relates to appeals against price control decisions. The first amendment removes a power for Ofcom to impose certain procedural requirements in relation to appeals from its decisions. Instead of this, we seek an amendment to provide the Competition Commission with the power to make rules regulating the conduct of appeals. This power is very similar to powers that the commission already has under paragraph 12 of Schedule 22 to the Energy Act 2004. The next issue that these amendments address is a concern that the Bill does not currently give the Competition Commission a specific power to investigate matters before making its decision. As noble Lords will be aware, it is unusual for an appeal body to investigate matters afresh and, for this reason, specific provision is made in the Bill to make it clear that, in its appeal role in relation to price control errors only, the Competition Commission has the power to investigate any relevant matter. Amendment 96ZE, which gives the commission the power to make rules about appeals to it under Clause 48, also provides a power for the Secretary of State by order to make provisions mirroring those of the Enterprise Act 2002 which allow the commission to require the attendance of witnesses and which give it the information-gathering powers that would be necessary for it to make a proper determination of the appeal. This also includes the ability of the Competition Commission to "stop the clock" if information pertaining to an appeals process is not provided in good time. Without a provision to extend the statutory time limit for determining an appeal, the Competition Commission could find itself in a position where it would have to determine an appeal without information that it considers necessary to ensure that all relevant factors are taken into consideration when making a determination. The amendment, in essence, provides that the time limit may be extended if a person has not complied with a requirement made by the commission relying on its investigatory powers. I hope that I have provided a clear description of these government amendments, which are important, we believe, to ensure that the Bill functions as intended. I beg to move. Amendment 96ZA agreed.