Part 7Miscellaneous Competition Provisions

Miscellaneous

205 Super-complaints to regulators other than F2CMA

1

The Secretary of State may by order provide that section 11 is to apply to complaints made to a specified regulator in relation to a market of a specified description as it applies to complaints made to the F3CMA, with such modifications as may be specified.

2

An order under this section—

a

shall be made by statutory instrument, and

b

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

In this section—

  • regulator” has the meaning given in section 54(1) of the 1998 Act; and

  • specified” means specified in the order.

206 Power to modify Schedule 8

1

The Secretary of State may by order made by statutory instrument modify Schedule 8.

2

An order under this section may make—

a

different provision for different cases or different purposes;

b

such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.

3

An order under this section may, in particular, modify that Schedule in its application by virtue of Part 3 of this Act, in its application by virtue of Part 4 of this Act, in its application by virtue of any other enactment (whether by virtue of Part 4 of this Act as applied by that enactment or otherwise) or in its application by virtue of every enactment that applies it.

4

An order under this section as extended by subsection (2) may modify any enactment comprised in or made under this Act, or any other enactment.

5

No order shall be made under this section unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

6

No modification of Schedule 8 in its application by virtue of Part 3 of this Act shall be made by an order under this section if the modification relates to a relevant merger situation or (as the case may be) a special merger situation which has been created before the coming into force of the order.

7

No modification shall be made by an order under this section of Schedule 8 in its application in relation to references made under section 22, 33, 45 or 62 before the coming into force of the order.

8

No modification shall be made by an order under this section of Schedule 8 in its application in relation to references made under section 131 or 132 before the coming into force of the order (including references made under section 131 as applied by another enactment).

9

Before making an order under this section, the Secretary of State shall consult the F4CMA.

10

Expressions used in this section which are also used in Part 3 of this Act have the same meaning in this section as in that Part.

207 Repeal of Schedule 4 to the 1998 Act

Section 3(1)(d) of and Schedule 4 to the 1998 Act (which provide for the exclusion from the Chapter 1 prohibition in cases involving designated professional rules) shall cease to have effect.

208 Repeal of Part 6 of Fair Trading Act 1973

Sections 78 to 80 of the 1973 Act (references to Commission other than monopoly and merger references) shall cease to have effect.

F5209 Reform of F1EU competition law

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