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 exit day)”.

Gas Act 1986

2. (1)

Section 36A(3) of the Gas Act 198659 is amended as follows.

(2)

At the end of paragraph (a), insert “or”.

(3)

Omit paragraphs (c) and (d).

Electricity Act 1989

3. (1)

Section 43(3) of the Electricity Act 198960 is amended as follows.

(2)

At the end of paragraph (a), insert “or”.

(3)

Omit paragraphs (c) and (d).

Water Industry Act 1991

4. (1)

Section 31(3) of the Water Industry Act 199161 is amended as follows.

(2)

At the end of paragraph (a), insert “or”.

(3)

Omit paragraphs (c) and (d).

Electricity (Northern Ireland) Order 1992

5. (1)

Article 46(3) of the Electricity (Northern Ireland) Order 199262 is amended as follows.

(2)

At the end of sub-paragraph (a), insert “or”.

(3)

Omit sub-paragraphs (c) and (d).

Railways Act 1993

6. (1)

Section 67(3) of the Railways Act 199363 is amended as follows.

(2)

At the end of paragraph (a), insert “or”.

(3)

Omit paragraphs (c) and (d).

Gas (Northern Ireland) Order 1996

7. (1)

Article 23(3) of the Gas (Northern Ireland) Order 199664 is amended as follows.

(2)

At the end of sub-paragraph (a), insert “or”.

(3)

Omit sub-paragraphs (c) and (d).

Financial Services and Markets Act 2000

8. (1)

Section 234J(2) of the Financial Services and Markets Act 200065 is amended as follows.

(2)

At the end of paragraph (a), insert “and”.

(3)

Omit paragraphs (c) and (d).

Transport Act 2000

9. (1)

The Transport Act 200066 is amended as follows.

(2)

In section 86(3)67—

(a)

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

(b)

omit paragraphs (c) and (d).

(3)

In Schedule 968—

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

Company Directors Disqualification (Northern Ireland) Order 2002

10. (1)

Article 13A of the Company Directors Disqualification (Northern Ireland) Order 200270 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 exit day)”.

Communications Act 2003

11. (1)

The Communications Act 200371 is amended as follows.

(2)

In section 371(2)72—

(a)

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

(b)

omit paragraphs (c) and (d).

(3)

Paragraph 6 of Schedule 1173 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 exit day”, and

(b)

for “of that court” substitute “made by that court before exit day”.

(6)

After sub-paragraph (7) insert—

“(7A)

In sub-paragraph (7)(a), the reference to principles laid down before exit day is a reference to such principles as they have effect in EU law immediately before exit day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after exit day.”.

(7)

After that paragraph insert—

“Competition tests applying to OFCOM’s decisions: EU principles etc6A.

(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 exit 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 exit 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 exit day;

(f)

the particular circumstances under consideration.”.

Water and Sewerage Services (Northern Ireland) Order 2006

12. (1)

Article 29(3) of the Water and Sewerage Services (Northern Ireland) Order 200674 is amended as follows.

(2)

At the end of sub-paragraph (a), insert “or”.

(3)

Omit sub-paragraphs (c) and (d).

13.

In section 72(2) of the Health and Social Care Act 201275, omit paragraphs (c) and (d).

Civil Aviation Act 2012

14. (1)

The Civil Aviation Act 201276 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).

(3)

In section 62(3)—

(a)

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

(b)

omit paragraphs (c) and (d).

Financial Services (Banking Reform) Act 2013

15. (1)

Section 61(2) of the Financial Services (Banking Reform) Act 201377 is amended as follows.

(2)

At the end of paragraph (a), insert “and”.

(3)

Omit paragraphs (c) and (d).