Part 7Miscellaneous Competition Provisions
Miscellaneous
209 Reform of Community competition law
1
The Secretary of State may by regulations make such modifications of the 1998 Act as he considers appropriate for the purpose of eliminating or reducing any differences between—
a
the domestic provisions of the 1998 Act, and
b
European Community competition law,
which result (or would otherwise result) from a relevant F2EU instrument made after the passing of this Act.
2
In subsection (1)—
“the domestic provisions of the 1998 Act” means the provisions of the 1998 Act so far as they do not implement or give effect to a relevant F2EU instrument;
“European Community competition law” includes any Act or subordinate legislation so far as it implements or gives effect to a relevant F2EU instrument;
“relevant F2EU instrument” means a regulation or directive under Article 83 of the Treaty establishing the European Community .
3
The Secretary of State may by regulations repeal or otherwise modify any provision of an Act (other than the 1998 Act) which excludes any matter from the Chapter I prohibition or the Chapter II prohibition (within the meaning of Part 1 of the 1998 Act).
4
The power under subsection (3) may not be exercised—
a
before the power under subsection (1) has been exercised; or
b
so as to extend the scope of any exclusion that is not being removed by the regulations.
5
Regulations under this section may—
a
confer power to make subordinate legislation;
b
make such consequential, supplementary, incidental, transitory, transitional or saving provision as the Secretary of State considers appropriate (including provision modifying any Act or subordinate legislation); and
c
make different provision for different cases or circumstances.
6
The power to make regulations under this section is exercisable by statutory instrument.
7
No regulations may be made under this section unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
8
Paragraph 1(1)(c) of Schedule 2 to the European Communities Act 1972 (c. 68) (restriction on powers to legislate) shall not apply to regulations which implement or give effect to a relevant F2EU instrument made after the passing of this Act.