Regulation 60
SCHEDULE 1Amendment of other primary legislation
This schedule has no associated Explanatory Memorandum
Company Directors Disqualification Act 1986
1.—(1) Section 9A of the Company Directors Disqualification Act 1986() is amended as follows.
(2) In subsection (4)—
(a)for “any of the following” substitute “either of the following”;
(b)omit paragraphs (c) and (d).
(3) In subsection (8), omit “or (c)”.
(4) In subsection (11), for the words from “Section 60” to “law)” substitute “Section 60A of the Competition Act 1998 (certain principles etc to be considered or applied from exit day)”.
Gas Act 1986
2.—(1) Section 36A(3) of the Gas Act 1986() is amended as follows.
(2) At the end of paragraph (a), insert “or”.
(3) Omit paragraphs (c) and (d).
Electricity Act 1989
3.—(1) Section 43(3) of the Electricity Act 1989() is amended as follows.
(2) At the end of paragraph (a), insert “or”.
(3) Omit paragraphs (c) and (d).
Water Industry Act 1991
4.—(1) Section 31(3) of the Water Industry Act 1991() is amended as follows.
(2) At the end of paragraph (a), insert “or”.
(3) Omit paragraphs (c) and (d).
Electricity (Northern Ireland) Order 1992
5.—(1) Article 46(3) of the Electricity (Northern Ireland) Order 1992() is amended as follows.
(2) At the end of sub-paragraph (a), insert “or”.
(3) Omit sub-paragraphs (c) and (d).
Railways Act 1993
6.—(1) Section 67(3) of the Railways Act 1993() is amended as follows.
(2) At the end of paragraph (a), insert “or”.
(3) Omit paragraphs (c) and (d).
Gas (Northern Ireland) Order 1996
7.—(1) Article 23(3) of the Gas (Northern Ireland) Order 1996() is amended as follows.
(2) At the end of sub-paragraph (a), insert “or”.
(3) Omit sub-paragraphs (c) and (d).
Financial Services and Markets Act 2000
8.—(1) Section 234J(2) of the Financial Services and Markets Act 2000() is amended as follows.
(2) At the end of paragraph (a), insert “and”.
(3) Omit paragraphs (c) and (d).
Transport Act 2000
9.—(1) The Transport Act 2000() is amended as follows.
(2) In section 86(3)()—
(a)at the end of paragraph (a), insert “or”;
(b)omit paragraphs (c) and (d).
(3) In Schedule 9()—
(a)in paragraph 3(1), omit paragraph (k);
(b)in paragraph 3(3), omit paragraph (s).
(4) In Schedule 10, in paragraph 23(2)(a)(), for “and 11” substitute “and 10A”.
Company Directors Disqualification (Northern Ireland) Order 2002
10.—(1) Article 13A of the Company Directors Disqualification (Northern Ireland) Order 2002() is amended as follows.
(2) In paragraph (4)—
(a)for “any of the following” substitute “either of the following”;
(b)omit sub-paragraphs (c) and (d).
(3) In paragraph (8), omit “or (c)”.
(4) In paragraph (11), for the words from “Section 60” to “law)” substitute “Section 60A of the Competition Act 1998 (certain principles etc to be considered or applied from exit day)”.
Communications Act 2003
11.—(1) The Communications Act 2003() is amended as follows.
(2) In section 371(2)()—
(a)at the end of paragraph (a), insert “or”;
(b)omit paragraphs (c) and (d).
(3) Paragraph 6 of Schedule 11() is amended as follows.
(4) In sub-paragraph (6), at the beginning insert “Subject to paragraph 6A,”.
(5) In sub-paragraph (7)(a)—
(a)after “European Court” insert “before exit day”, and
(b)for “of that court” substitute “made by that court before exit day”.
(6) After sub-paragraph (7) insert—
“(7A) In sub-paragraph (7)(a), the reference to principles laid down before exit day is a reference to such principles as they have effect in EU law immediately before exit day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after exit day.”.
(7) After that paragraph insert—
“Competition tests applying to OFCOM’s decisions: EU principles etc
6A.—(1) Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a)—
(a)so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after exit day, or
(b)so far as doing so would be incompatible with OFCOM’s duty to secure that there is no inconsistency with a decision referred to in paragraph 6(7)(b).
(2) For the purposes of sub-paragraph (1)(a), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.
(3) Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a) if OFCOM think that it is appropriate to act otherwise in the light of one or more of the following—
(a)differences between the competition tests and Article 101 of the Treaty on the Functioning of the European Union as it had effect immediately before exit day;
(b)differences between markets in the United Kingdom and markets in the European Union;
(c)developments in forms of economic activity since the time when the principle or decision referred to in paragraph 6(7)(a) was laid down or made;
(d)generally accepted principles of competition analysis or the generally accepted application of such principles;
(e)a principle laid down, or decision made, by the European Court on or after exit day;
(f)the particular circumstances under consideration.”.
Water and Sewerage Services (Northern Ireland) Order 2006
12.—(1) Article 29(3) of the Water and Sewerage Services (Northern Ireland) Order 2006() is amended as follows.
(2) At the end of sub-paragraph (a), insert “or”.
(3) Omit sub-paragraphs (c) and (d).
Health and Social Care Act 2012
13. In section 72(2) of the Health and Social Care Act 2012(), omit paragraphs (c) and (d).
Civil Aviation Act 2012
14.—(1) The Civil Aviation Act 2012() is amended as follows.
(2) In section 6—
(a)omit subsection (9)(a);
(b)omit subsection (10)(a);
(c)in subsection (10)(b), omit “and Articles 101 and 102 of the TFEU”;
(d)omit subsection (11).
(3) In section 62(3)—
(a)at the end of paragraph (a), insert “or”;
(b)omit paragraphs (c) and (d).
Financial Services (Banking Reform) Act 2013
15.—(1) Section 61(2) of the Financial Services (Banking Reform) Act 2013() is amended as follows.
(2) At the end of paragraph (a), insert “and”.
(3) Omit paragraphs (c) and (d).