Legislation – The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

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Introduction

PART 1
Introduction

1 Citation, commencement, extent and interpretation

PART 2
Amendment of Part 2 of the 2019 Regulations: amendment of the Competition Act 1998

2 Part 2 of the 2019 Regulations is amended as follows….

3 After regulation 8, insert— After section 31F insert— Retained EU anti-trust commitments Retained EU…

4 After regulation 13, insert— In section 40A(1), for “28 or 28A” substitute “28, 28A…

5 In regulation 14, after paragraph (c), insert—

6 For regulation 15, substitute— In section 47(1)— (a) in paragraph (a), for “paragraphs (a)…

7 After regulation 29 insert— (1) Schedule 6A is amended as follows.

PART 3
Amendment of Part 3 of the 2019 Regulations: amendment of the Enterprise Act 2002

8 Part 3 of the 2019 Regulations is amended as follows….

9 After regulation 48 insert— After section 84 insert— Retained EU Merger Commitments Retained EU…

10 After regulation 50 insert— (1) Section 109 is amended as follows.

11 After regulation 51 insert— (1) Section 120 is amended as follows.

12 In regulation 55, after paragraph (c) insert—

13 After regulation 59 insert— (1) Schedule 10 is amended as follows.

PART 4
Amendment of Part 4 of the 2019 Regulations

14 Part 4 of the 2019 Regulations is amended as follows….

15 Amendment of Schedule 1: amendment of other primary legislation

16 Before paragraph 1 and the heading to that paragraph (but…

17 For paragraph 2 substitute— Gas Act 1986 (1) The Gas Act 1986 is amended as follows.

18 After paragraph 2 insert— Copyright, Designs and Patents Act 1988…

19 For paragraph 3 substitute— Electricity Act 1989 (1) The Electricity Act 1989 is amended as follows.

20 After paragraph 3 insert— Broadcasting Act 1990 (1) Section 193 of the Broadcasting Act 1990 is amended…

21 For paragraph 4 substitute— Water Industry Act 1991 (1) The Water Industry Act 1991 is amended as follows….

22 For paragraph 5 substitute— Electricity (Northern Ireland) Order 1992 (1) The Electricity (Northern Ireland) Order 1992 is amended as…

23 For paragraph 6 substitute— Railways Act 1993 (1) The Railways Act 1993 is amended as follows.

24 For paragraph 7 substitute— Gas (Northern Ireland) Order 1996 (1) The Gas (Northern Ireland) Order 1996 is amended as…

25 In paragraph 9, after sub-paragraph (1) insert—

26 After paragraph 11 insert— Energy (Northern Ireland) Order 2003 (1) Schedule 2 to the Energy (Northern Ireland) Order 2003…

27 For paragraph 12 substitute— Water and Sewerage Services (Northern Ireland)…

28 For paragraph 13 substitute— Health and Social Care Act 2012…

PART 5
Amendment of Part 5 of the 2019 Regulations: amendment of subordinate legislation

29 Schedule 2 to the 2019 Regulations is amended as follows….

30 Amendment of the Competition Act 1998 (Concurrency) Regulations 2014

31 Amendment of Part 3 of Schedule 2: amendment of other subordinate legislation

32 After paragraph 12 insert— Water Services etc. (Scotland) Act 2005…

PART 6
Amendment of Part 6 of the 2019 Regulations: amendment of retained EU law

33 Amendment of retained EU law

34 Amendment of Schedule 3: amendment of retained direct EU legislation

PART 7
Amendment of Part 7 of the 2019 Regulations: saving and transitional provision

35 Amendment of Schedule 4: saving and transitional provision

Signature

Explanatory note

PART 5Amendment of Part 5 of the 2019 Regulations: amendment of subordinate legislation

Amendment of the Competition Act 1998 (Concurrency) Regulations 201430.

(1)

Paragraph 5 is amended as follows.

(2)

After sub-paragraph (1), insert—

“(1A)

In regulation 2, in the definition of “prescribed functions”, after sub-paragraph (i) insert—

“(ia)

any of the functions of the CMA under section 31I, section 31K and section 31L of the Act;”.

(3)

After sub-paragraph (3) insert—

“(3A)

After regulation 9(1)(c) insert—

“(ca)

a draft of any varied or substituted retained EU anti-trust commitments which the competent person proposes to accept under section 31I (variation, substitution or release of retained EU anti-trust commitments) before those varied or substituted commitments are accepted;”.