SCHEDULE 2Amendment of subordinate legislation
PART 2Amendment of subordinate legislation made under the Enterprise Act 2002
Enterprise Act 2002 (Anticipated Mergers) Order 2003I16
1
The Enterprise Act 2002 (Anticipated Mergers) Order 2003 M1 is amended as follows.
2
In article 2, in the definition of “notice”, for “, 59(2) or 67(2)” substitute “
or 59(2)
”
.
Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014I27
1
The Schedule to the Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014 M2 is amended as follows.
2
In paragraph 1(1), in the definition of “financial institution”—
a
for “EU” substitute “
United Kingdom
”
;
b
omit the “and” at the end;
3
In paragraph 1(1), in the definition of “insurance undertaking”—
a
in paragraphs (a) and (b), for “European Economic Area” substitute “
United Kingdom
”
;
b
omit the “or” at the end of paragraph (b); and
c
for paragraph (c) substitute—
c
a reinsurance undertaking; or
d
a third-country reinsurance undertaking;
4
In paragraph 1(1), after the definition of “insurance undertaking” insert—
“reinsurance undertaking” means an undertaking which—
a
has its head office in the United Kingdom;
b
has permission under Part 4A of the Financial Services and Markets Act 2000 to carry on one or more regulated activities;
c
effects or carries out contracts of insurance that are limited to reinsurance contracts; and
d
would require authorisation in accordance with Article 14 of Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II), if the United Kingdom were a Member State; and
“third-country reinsurance undertaking” means an undertaking which, if its head office were in the United Kingdom—
a
would require permission under Part 4A of the Financial Services and Markets Act 2000 to carry out regulated activities relating to reinsurance; and
b
immediately before F1IP completion day, would have required authorisation as a reinsurance undertaking in accordance with Article 14 of Directive 2009/138/EC.
Competition Appeal Tribunal Rules 2015I38
1
The Competition Appeal Tribunal Rules 2015 M3 are amended as follows.
2
In rule 2, paragraph (1), omit the definition of “TFEU”.
3
In rule 50(2), omit “Article 101 or 102 of the TFEU or”.
4
Omit rule 59(5)(a)(ii) and the “but” before it.
5
Omit rule 109.
6
In rule 110(1), omit paragraph (m).