The Competition (Amendment etc.) (EU Exit) Regulations 2019 No. 93

Regulation 60

SCHEDULE 1 U.K. Amendment of other primary legislation

Company Directors Disqualification Act 1986 U.K.

1.—(1) Section 9A of the Company Directors Disqualification Act 1986 M1 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 [F1 IP completion day]) ”.

Textual Amendments

F1 Words 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

I1 Sch. 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)

Marginal Citations

M1 1986 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.

Gas Act 1986 U.K.

2.—(1) Section 36A(3) of the Gas Act 1986 M2 is amended as follows.

[F2 (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),”].

Textual Amendments

F2 Sch. 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

I2 Sch. 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)

Marginal Citations

M2 1986 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.

Electricity Act 1989 U.K.

3.—(1) Section 43(3) of the Electricity Act 1989 M3 is amended as follows.

[F3 (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),”].

Textual Amendments

F3 Sch. 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

I3 Sch. 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)

Marginal Citations

M3 1989 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.

Water Industry Act 1991 U.K.

4.—(1) Section 31(3) of the Water Industry Act 1991 M4 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),”].

Textual Amendments

F4 Sch. 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

I4 Sch. 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)

Marginal Citations

M4 1991 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.

Electricity (Northern Ireland) Order 1992 U.K.

5.—(1) Article 46(3) of the Electricity (Northern Ireland) Order 1992 M5 is amended as follows.

[F5 (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),”].

Textual Amendments

F5 Sch. 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

I5 Sch. 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)

Marginal Citations

M5 S.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.

Railways Act 1993 U.K.

6.—(1) Section 67(3) of the Railways Act 1993 M6 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),”].

Textual Amendments

F6 Sch. 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

I6 Sch. 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)

Marginal Citations

M6 1993 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.

Gas (Northern Ireland) Order 1996 U.K.

7.—(1) Article 23(3) of the Gas (Northern Ireland) Order 1996 M7 is amended as follows.

[F7 (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),”].

Textual Amendments

F7 Sch. 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

I7 Sch. 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)

Marginal Citations

M7 S.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.

Financial Services and Markets Act 2000 U.K.

8.—(1) Section 234J(2) of the Financial Services and Markets Act 2000 M8 is amended as follows.

[F8 (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).”].

Textual Amendments

F8 Sch. 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

I8 Sch. 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)

Marginal Citations

M8 2000 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.

Transport Act 2000 U.K.

9.—(1) The Transport Act 2000 M9 is amended as follows.

[F9 (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 M10 —

(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) M11 , for “and 11” substitute “ and 10A ”.

Textual Amendments

F9 Sch. 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

Commencement Information

I9 Sch. 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)

Marginal Citations

M9 2000 c. 38.

M10 Paragraph 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.

M11 Part 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.

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

10.—(1) Article 13A of the Company Directors Disqualification (Northern Ireland) Order 2002 M12 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 [F10 IP completion day]) ”.

Textual Amendments

F10 Words 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

I10 Sch. 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)

Marginal Citations

M12 S.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.

Communications Act 2003 U.K.

11.—(1) The Communications Act 2003 M13 is amended as follows.

[F11 (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 M14 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 [F12 IP completion day]”, and

(b) for “of that court” substitute “ made by that court before [F12 IP completion day]”.

(6) After sub-paragraph (7) insert—

“(7A) In sub-paragraph (7)(a), the reference to principles laid down before [F13 IP completion day] is a reference to such principles as they have effect in EU law immediately before [F13 IP completion day], disregarding the effect of principles laid down, and decisions made, by the European Court on or after [F13 IP 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 [F14 IP 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 [F14 IP 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 [F14 IP completion day];

(f) the particular circumstances under consideration.”.

Textual Amendments

F11 Sch. 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)

F12 Words 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)

F13 Words 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)

F14 Words 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

I11 Sch. 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)

Marginal Citations

M13 2003 c. 21.

M14 Paragraph 6 of Schedule 11 was amended by S.I. 2012/1809 and S.I. 2014/892.

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

12.—(1) Article 29(3) of the Water and Sewerage Services (Northern Ireland) Order 2006 M15 is amended as follows.

[F15 (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),”].

Textual Amendments

F15 Sch. 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

I12 Sch. 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)

Marginal Citations

M15 S.I. 2006/3336 (N.I. 21), amended by S.I. 2014/892; there are other amending instruments but none is relevant.

Health and Social Care Act 2012 U.K.

[F16 13.   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).”.]

Textual Amendments

F16 Sch. 1 para. 13 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), 25

Commencement Information

I13 Sch. 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 2012 U.K.

14.—(1) The Civil Aviation Act 2012 M16 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).

[F17 (2A) In section 62(2)(a), for “(d)”, substitute “(c)”.]

[F18 (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).”.]

Textual Amendments

F17 Sch. 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)

F18 Sch. 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

I14 Sch. 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)

Marginal Citations

M16 2012 c. 19.

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

15.—(1) Section 61(2) of the Financial Services (Banking Reform) Act 2013 M17 is amended as follows.

[F19 (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).”].

Textual Amendments

F19 Sch. 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

I15 Sch. 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)

Marginal Citations

M17 2013 c. 33.