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

PART 1
Introduction

1 Citation, commencement and extent

PART 2
Amendment of the Competition Act 1998

2 The Competition Act 1998 is amended as follows.

3 (1) Section 10 is amended as follows.

4 After section 10 insert— Power to vary etc retained block…

5 Omit section 11 .

6 (1) Section 25 is amended as follows.

7 In section 25A(1)(b) , for “subsections (2) to (7)” substitute…

7A In section 30A(1), for “sections 26 and 27 to 28A”…

8 In section 31(2) — (a) at the end of paragraph…

9 In section 32(1) , omit “or that it infringes the…

10 In section 33(1) , omit “or that it infringes the…

11 In section 35 — (a) in subsection (1), for “subsections…

12 In section 36 — (a) in subsection (1), omit “or…

13 In section 38 — (a) in subsection (1), for the…

13A After section 40, insert— Transferred EU anti-trust commitments and transferred…

13B In section 40A(1), for “28 or 28A” substitute “28, 28A…

14 In section 46(3) — (a) omit paragraphs (b) and (d);…

15 In section 47(1)(a) , for “paragraphs (a) to (f)” substitute…

16 (1) Section 47A is amended as follows.

17 In section 49C(11) , for the definition of “infringement decision”…

18 In section 52, omit subsection (1A) .

19 (1) Section 58(2) is amended as follows.

20 In section 58A , omit subsection (4).

21 (1) Section 59(1) is amended as follows.

22 Omit section 60 ).

23 After section 60 insert— Certain principles etc to be considered…

24 Omit Parts 2 and 2A .

25 In section 72(1) , omit “, 65 or 65L to…

26 (1) Section 73 is amended as follows.

27 Omit section 75A .

28 In Schedule 1, omit Part 2 .

29 (1) Schedule 3 is amended as follows.

30 (1) Schedule 8A is amended as follows.

31 (1) Schedule 9 is amended as follows.

PART 3
Amendment of the Enterprise Act 2002

32 The Enterprise Act 2002 is amended as follows.

33 In section 16(6) , for the definition of “infringement issue”…

34 (1) Section 22 is amended as follows.

35 In section 25 — (a) omit subsections (6), (7) and…

36 (1) Section 33 is amended as follows.

37 In section 34(1)(b), for “, 59(2) or 67(2)” substitute “…

38 In section 34ZA , omit subsection (5).

39 In section 34ZB, omit subsections (5) and (8).

40 (1) Section 34ZC is amended as follows.

41 Omit section 34A (and the italic heading before it).

42 (1) Section 42 is amended as follows.

43 In section 46 — (a) in subsection (1), omit paragraphs…

44 Omit sections 46A and 46B (and the italic heading before…

45 In section 58 — (a) in subsection (2), omit the…

46 In section 59(6)(c) , omit “, (6) and (8)”.

47 Omit sections 67 and 68 (and the italic heading before…

48 In section 73A(1) , omit paragraph (b) and the “or”…

48A After section 95 insert— Transferred EU merger commitments Transferred EU…

49 In section 99(5)— (a) at the end of paragraph (b),…

50 In section 107(1) , omit paragraphs (ae), (af), (ag) and…

50A After section 109 insert— Transferred EU merger commitments: witnesses, documents…

50B In section 110A, after subsection (8) insert—

51 (1) Section 110B is amended as follows.

51A (1) Section 120 is amended as follows.

52 Omit section 122 .

53 (1) Section 124 is amended as follows.

54 In section 129(1) — (a) omit the definition of “EU…

55 In section 130 , in the table—

56 In section 153(2) , omit the words from “; and…

57 In section 171 , omit subsections (6) and (11).

58 Omit section 209 .

59 Omit section 240 .

PART 4
Amendment of other primary legislation

60 Schedule 1 (which amends other primary legislation) has effect.

PART 5
Amendment of subordinate legislation

61 Schedule 2 (which amends subordinate legislation) has effect.

PART 6
Amendment of assimilated law

62 Cessation of Treaty Rights and Obligations

63 Amendment of assimilated direct legislation

PART 7
Saving and transitional provision

64 Schedule 4 (which makes saving and transitional provision) has effect….

SCHEDULES

SCHEDULE 1 Amendment of other primary legislation

SCHEDULE 2 Amendment of subordinate legislation

SCHEDULE 3 Amendment of assimilated direct legislation

SCHEDULE 4 Saving and transitional provision

Explanatory note

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for The Competition (Amendment etc.) (EU Exit) Regulations 2019, Section 4.

Changes to Legislation

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PART 2Amendment of the Competition Act 1998

4.

After section 10 insert—

“10APower to vary etc retained block exemption regulations

(1)

The Secretary of State may by regulations vary or revoke a retained block exemption regulation.

(2)

In exercising the power under subsection (1), the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.

(3)

If, in the opinion of the CMA, it is appropriate to vary or revoke a retained block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.

(4)

Before making a recommendation under subsection (3), the CMA must—

(a)

publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and

(b)

consider any representations about it which are made to it.

(5)

Before exercising the power to vary or revoke a retained block exemption regulation (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—

(a)

inform the CMA of the proposed variation or revocation; and

(b)

take into account any comments made by the CMA.”.