Competition Act 1998

3 (1) In consequence of the repeal by this Act of provisions of the M1 Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M2 Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply. E+W+S+N.I.

(2) Accordingly, that Act is amended as follows.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 36A is amended as follows.

(5) For subsection (3) substitute—

“(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b) conduct of the kind mentioned in section 18(1) of that Act,

which relate to the carrying on of activities to which this subsection applies.

(3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(6) In subsection (5)—

(a) for “transferred by”, in each place, substitute “ mentioned in ”;

(b) after paragraph (b), insert “ and ”;

(c) omit paragraph (d) and the “and” immediately before it.

(7) In subsection (6), omit “or (3)”.

(8) In subsection (7), for paragraph (b) substitute—

“(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(9) In subsection (8)—

(a) omit “or under the 1980 Act”;

(b) for “or (3) above” substitute “ above and paragraph 1 of Schedule 10 to the Competition Act 1998 ”.

(10) In subsection (9), omit “or the 1980 Act”.

(11) In subsection (10), for the words from “transferred” to the end substitute “ mentioned in subsection (2) or (3) above. ”

Annotations:

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Amendments (Textual)

F1 Sch. 10 para. 3(3) repealed (1.10.2001) by 2000 c. 27, ss. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)

Commencement Information

I1 Sch. 10 para. 3 wholly in force; Sch. 10 para. 3 not in force at Royal Assent see s. 76(3); Sch. 10 para. 3 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 3 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

M1 1980 c. 21.

M2 1986 c. 44.