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Competition Act 1998

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This is the original version (as it was originally enacted).

Telecommunications

2(1)In consequence of the repeal by this Act of provisions of the [1980 c. 21.] Competition Act 1980, the functions transferred by subsection (3) of section 50 of the [1984 c. 12.] Telecommunications Act 1984 (functions under 1973 and 1980 Acts) are no longer exercisable by the Director General of Telecommunications.

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

(3)In section 3 (general duties of Secretary of State and Director), in subsection (3)(b), for “section 50” substitute “section 50(1) or (2)”.

(4)In section 3, after subsection (3A), insert—

(3B)Subsections (1) and (2) above do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 50(3) below (“Competition Act functions”).

(3C)The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by subsection (1) or (2) above (“a general matter”), if it is a matter to which the Director General of Fair Trading could have regard when exercising that function; but that is not to be taken as implying that, in relation to any of the matters mentioned in subsection (3) or (3A) above, regard may not be had to any general matter.

(5)Section 50 is amended as follows.

(6)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 commercial activities connected with telecommunications.

(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).

(7)In subsection (4), omit paragraph (c) and the “and” immediately after it.

(8)In subsection (5), omit “or (3)”.

(9)In subsection (6), for paragraph (b) substitute—

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

(10)In subsection (7), omit “or the 1980 Act”.

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