Competition Act 1998

The Water Industry Act 1991 (c. 56)

13 (1) The Water Industry Act 1991 is amended as follows.

(2) In section 12(5) (determinations under conditions of appointment)—

(a) after “this Act”, insert “or”;

(b) omit “or the 1980 Act”.

(3) In section 14 (modification references to Competition Commission), for subsections (7) and (8) substitute—

“(7) The provisions mentioned in subsection (7A) are to apply in relation to references under this section as if—

(a) the functions of the Competition Commission in relation to those references were functions under the 1973 Act;

(b) the expression “merger reference” included a reference under this section;

(c) in section 70 of the 1973 Act—

(i) references to the Secretary of State were references to the Director, and

(ii) the reference to three months were a reference to six months.

(7A) The provisions are—

(a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the 1973 Act;

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the 1980 Act (modification of provisions about performance of such functions).

(8) For the purposes of references under this section, the Secretary of State is to appoint not less than eight members of the Competition Commission.

(8A) In selecting a group to perform the Commission’s functions in relation to any such reference, the chairman of the Commission must select one or more of the members appointed under subsection (8) to be members of the group.”

(4) In section 15, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).

(5) In section 17 (modification by order under other enactments)—

(a) in subsection (1), omit paragraph (b) and the “or” immediately before it;

(b) in subsection (2)—

(i) after paragraph (a), insert “or”;

(ii) omit paragraph (c) and the “or” immediately before it;

(c) in subsection (4), omit “or the 1980 Act”.

(6) In section 19 (exceptions to duty to enforce), after subsection (1), insert—

“(1A) The Director shall not be required to make an enforcement order, or to confirm a provisional enforcement order, if he is satisfied that the most appropriate way of proceeding is under the Competition Act 1998.”

(7) In section 19(3), after “subsection (1) above”, insert “or, in the case of the Director, is satisfied as mentioned in subsection (1A) above,”.

(8) In section 31 (functions of Director with respect to competition), after subsection (8), insert—

“(8A) Section 93B of the 1973 Act (offences of supplying false or misleading information) is to have effect so far as relating to functions exercisable by the Director by virtue of—

(a) subsection (2) above and paragraph 1 of Schedule 10 to the Competition Act 1998, or

(b) paragraph 8 of Schedule 2 to the [1994 c. 40.] Deregulation and Contracting Out Act 1994,

as if the reference in section 93B(1)(a) to the Director General of Fair Trading included a reference to the Director.”

(9) After section 206(9) (restriction on disclosure of information), insert—

“(9A) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (9) of this section.”

(10) In Schedule 15 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—

(a) omit the entries relating to the [1976 c. 34.] Restrictive Trade Practices Act 1976 and the [1976 c. 53.] Resale Prices Act 1976;

(b) after the entry relating to the [1993 c. 43.] Railways Act 1993, insert the entry— “The Competition Act 1998