Committee for Economic Development - P.2019/42
The States are asked to decide:-
Whether, after consideration of the Policy Letter entitled Proposed Amendments to the Guernsey Competition and Regulatory Authority Ordinance, 2012 And Re-Appointment of the Chairman they are of the opinion:-
1. To approve the proposals set out in section 3 of the Policy Letter to amend the Guernsey Competition and Regulatory Authority Ordinance, 2012 to allow a power of delegation, by the Guernsey Competition and Regulatory Authority, to its Chief Executive in respect of the following functions:
a. serving a notice requiring the production of documents and information under section 23(1), (2) or (3) of the Competition (Guernsey) Ordinance, 2012 (the "Competition Ordinance");
b. refusing an undertaking consent for the provision of copies of documents, instead of originals, under section 26 of the Competition Ordinance or to impose, vary or rescind any term, or condition, in respect of any such consent;
c. giving an undertaking a direction under section 27(1) of the Competition Ordinance;
d. refusing an undertaking access to documents, or refusing to allow an undertaking to copy documents, under section 28(2) of the Competition Ordinance or to impose, vary or rescind any term, or condition, in respect of any such access or copying;
e. exercising any relevant power (to the extent that it is one of the administrative functions identified above) in relation to an undertaking, at the request of an overseas competition authority, under section 30(1) of the Competition Ordinance;
f. omitting, pursuant to the provisions of section 45(2) of the Competition Ordinance, any matter from a statement of reasons given to the undertaking; and
g. exercising the functions set out in sections 43, 44 and 45 of the Competition Ordinance in relation to any of the administrative functions identified above.
2. In accordance with Paragraph 1(2) of Schedule 1 of the Guernsey Competition and Regulatory Authority Ordinance, 2012, to re-appoint Mr Michael O'Higgins, as Chairman of the Guernsey Competition and Regulatory Authority, for a further period, from 7th September 2019 to 31st December 2019.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.