Search Legislation

The Competition (Amendment etc.) (EU Exit) Regulations 2019

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Communications Act 2003

This section has no associated Explanatory Memorandum

11.—(1) The Communications Act 2003(1) is amended as follows.

(2) In section 371(2)(2)—

(a)at the end of paragraph (a), insert “or”;

(b)omit paragraphs (c) and (d).

(3) Paragraph 6 of Schedule 11(3) 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..

(2)

Section 371(2) was substituted by S.I. 2004/1261, and subsequently amended by paragraphs 42 and 46 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013 and by S.I. 2012/1809 and S.I. 2014/892.

(3)

Paragraph 6 of Schedule 11 was amended by S.I. 2012/1809 and S.I. 2014/892.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources