SCHEDULES
SCHEDULE 10Regulators
Part IVUtilities: Minor and Consequential Amendments
The Gas Act 1986 (c. 44)
10
1
The Gas Act 1986 is amended as follows.
2
In section 24 (modification references to the Competition Commission), for subsection (7) 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 c. 41.] Fair Trading Act 1973;
b
the expression “merger reference” included a reference under this section;
c
in section 70 of the [1973 c. 41.] Fair Trading Act 1973—
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 Fair Trading Act 1973;
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 c. 21.] Competition Act 1980 (modification of provisions about performance of such functions).
3
In section 25, omit subsection (2) (which falls with the repeal of the [1976 c. 34.] Restrictive Trade Practices Act 1976).
4
In section 27 (modification by order under other enactments)—
a
in subsection (1), omit “or section 10(2)(a) of the [1980 c. 21.] Competition Act 1980”;
b
in subsection (3)(a), omit from “or” to “competition reference”;
c
in subsection (6), omit “or the said Act of 1980”.
5
In section 28 (orders for securing compliance with certain provisions), in subsection (5), after paragraph (aa), omit “or” and after paragraph (b), insert
or
c
that the most appropriate way of proceeding is under the Competition Act 1998.
6
In section 42(3) (general restrictions on disclosure of information)—
a
omit paragraphs (e) and (f) (which refer to the Restrictive Trade Practices Act 1976 and the [1976 c. 53.] Resale Prices Act 1976);
b
after paragraph (n), insert—
o
the Competition Act 1998
7
At the end of section 42, insert—
7
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 (6) of this section.