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

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Regulation 60

SCHEDULE 1U.K.Amendment of other primary legislation

This schedule has no associated Explanatory Memorandum

Company Directors Disqualification Act 1986U.K.

1.—(1) Section 9A of the Company Directors Disqualification Act 1986 F1 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 [F2IP completion day]) ”.

F11986 c. 46; section 9A was inserted by section 204(1) and (2) of the Enterprise Act 2002 and subsequently amended by S.I. 2012/1809.

F2Words in Sch. 1 para. 1(4) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 13

Commencement Information

I1Sch. 1 para. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Gas Act 1986U.K.

2.—(1) Section 36A(3) of the Gas Act 1986 F3 is amended as follows.

[F4(2) At the end of paragraph (b), insert “or”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F31986 c. 44; section 36A was inserted by paragraph 43 of Schedule 3 to the Gas Act 1995 (c. 45); subsection (3) was substituted by section 54(2) and paragraph 3(5) of Schedule 10 to the Competition Act 1998 (c. 41), further substituted by S.I. 2004/1261, and subsequently amended paragraph 2 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013 and by S.I. 2014/892.

F4Sch. 1 para. 2(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 14

Commencement Information

I2Sch. 1 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Electricity Act 1989U.K.

3.—(1) Section 43(3) of the Electricity Act 1989 F5 is amended as follows.

[F6(2) At the end of paragraph (b), insert “or”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F51989 c. 29; section 43(3) was substituted by section 54(2) and paragraph 4(5) of Schedule 10 to the Competition Act 1998 (c.41), further substituted by S.I. 2004/1261, and subsequently amended by section 147(1) and (5) of the Energy Act 2004 (c. 20), paragraph 3 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2012/1809 and S.I. 2014/892.

F6Sch. 1 para. 3(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 15

Commencement Information

I3Sch. 1 para. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Water Industry Act 1991U.K.

4.—(1) Section 31(3) of the Water Industry Act 1991 F7 is amended as follows.

[F8(2) At the end of paragraph (b), insert “or”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F71991 c. 56; section 31(3) was substituted by S.I. 2004/1261 and subsequently amended by section 36(3) of the Water Act 2003 (c.37), paragraphs 4 and 5 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2012/1809 and S.I. 2014/892.

F8Sch. 1 para. 4(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 16

Commencement Information

I4Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Electricity (Northern Ireland) Order 1992U.K.

5.—(1) Article 46(3) of the Electricity (Northern Ireland) Order 1992 F9 is amended as follows.

[F10(2) At the end of sub-paragraph (b), insert “or”.

(3) For sub-paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F9S.I. 1992/231 (N.I. 1); relevant amending instruments are S.I. 2004/1261, 2014/892, S.R. 2011 No. 155, and paragraph 53 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013.

F10Sch. 1 para. 5(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 17

Commencement Information

I5Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Railways Act 1993U.K.

6.—(1) Section 67(3) of the Railways Act 1993 F11 is amended as follows.

[F12(2) At the end of paragraph (b), insert “or”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F111993 c. 43; section 67(3) was substituted by section 54(2) and paragraph 6(5) of Schedule 10 to the Competition Act 1998, further substituted by S.I. 2004/1261, and subsequently amended by paragraph 7 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013 and by S.I. 2012/1809, S.I. 2014/892 and S.I 2015/1682.

F12Sch. 1 para. 6(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 18

Commencement Information

I6Sch. 1 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Gas (Northern Ireland) Order 1996U.K.

7.—(1) Article 23(3) of the Gas (Northern Ireland) Order 1996 F13 is amended as follows.

[F14(2) At the end of sub-paragraph (b), insert “or”.

(3) For sub-paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F13S.I. 1996/275 (N.I. 2); relevant amending instruments are S.I. 2004/1261, 2014/892, and paragraph 54 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013.

F14Sch. 1 para. 7(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 19

Commencement Information

I7Sch. 1 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Financial Services and Markets Act 2000U.K.

8.—(1) Section 234J(2) of the Financial Services and Markets Act 2000 F15 is amended as follows.

[F16(2) At the end of paragraph (b), insert “and”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).].

F152000 c. 8; section 234J was inserted by paragraphs 1 and 3 of Schedule 8 to the Financial Services (Banking Reform) Act 2013 (c.33) and subsection (2) of section 234J is to be amended by section 27 of the Financial Guidance and Claims Act 2018 (c. 10) from a date to be appointed.

F16Sch. 1 para. 8(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 20

Commencement Information

I8Sch. 1 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Transport Act 2000U.K.

9.—(1) The Transport Act 2000 F17 is amended as follows.

[F18(2) In section 86(3)—

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

(b)for paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions,.]

(3) In Schedule 9 F19

(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) F20, for “and 11” substitute “ and 10A ”.

F18Sch. 1 para. 9(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 21

F19Paragraph 3(1)(k) and (3)(s) of Schedule 9 were amended by S.I. 2011/1043; there are other amendments to paragraph 3(1) and (3) but none is relevant to these Regulations.

F20Part 2 of Schedule 10 was inserted by paragraphs 1 and 15 of Schedule 2 to the Local Transport Act 2008 (c. 26) and paragraph 23 was subsequently amended by S.I. 2017/385.

Commencement Information

I9Sch. 1 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Company Directors Disqualification (Northern Ireland) Order 2002U.K.

10.—(1) Article 13A of the Company Directors Disqualification (Northern Ireland) Order 2002 F21 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 [F22IP completion day]) ”.

F21S.I. 2002/3150 (N.I. 4); article 13A was inserted by S.I. 2005/1454 (N.I. 9) and subsequently amended by S.I. 2014/892.

F22Words in Sch. 1 para. 10(4) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 22

Commencement Information

I10Sch. 1 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Communications Act 2003U.K.

11.—(1) The Communications Act 2003 F23 is amended as follows.

[F24(2) In section 371(2)—

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

(b)for paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),.]

(3) Paragraph 6 of Schedule 11 F25 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 [F26IP completion day], and

(b)for “of that court” substitute “ made by that court before [F26IP completion day].

(6) After sub-paragraph (7) insert—

(7A) In sub-paragraph (7)(a), the reference to principles laid down before [F27IP completion day] is a reference to such principles as they have effect in EU law immediately before [F27IP completion day], disregarding the effect of principles laid down, and decisions made, by the European Court on or after [F27IP completion 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 [F28IP completion 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 [F28IP completion 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 [F28IP completion day];

(f)the particular circumstances under consideration..

F24Sch. 1 para. 11(2) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 23(2)

F25Paragraph 6 of Schedule 11 was amended by S.I. 2012/1809 and S.I. 2014/892.

F26Words in Sch. 1 para. 11(5) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 23(3)

F27Words in Sch. 1 para. 11(6) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 23(4)

F28Words in Sch. 1 para. 11(7) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 23(5)

Commencement Information

I11Sch. 1 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Water and Sewerage Services (Northern Ireland) Order 2006U.K.

12.—(1) Article 29(3) of the Water and Sewerage Services (Northern Ireland) Order 2006 F29 is amended as follows.

[F30(2) At the end of sub-paragraph (b), insert “or”.

(3) For sub-paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),].

F29S.I. 2006/3336 (N.I. 21), amended by S.I. 2014/892; there are other amending instruments but none is relevant.

F30Sch. 1 para. 12(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 24

Commencement Information

I12Sch. 1 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Health and Social Care Act 2012U.K.

[F3113.  In section 72(2) of the Health and Social Care Act 2012, for paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act)..]

Commencement Information

I13Sch. 1 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Civil Aviation Act 2012U.K.

14.—(1) The Civil Aviation Act 2012 F32 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).

[F33(2A) In section 62(2)(a), for “(d)”, substitute “(c)”.]

[F34(3) In section 62(3)—

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

(b)for paragraphs (c) and (d), substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act)..]

F33Sch. 1 para. 14(2A) inserted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 26(a)

F34Sch. 1 para. 14(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 26(b)

Commencement Information

I14Sch. 1 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Financial Services (Banking Reform) Act 2013U.K.

15.—(1) Section 61(2) of the Financial Services (Banking Reform) Act 2013 F35 is amended as follows.

[F36(2) At the end of paragraph (b), insert “and”.

(3) For paragraphs (c) and (d) substitute—

(c)transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).].

F36Sch. 1 para. 15(2)(3) substituted (31.12.2020 immediately before IP completion day) by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 27

Commencement Information

I15Sch. 1 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

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