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

New Search

Introduction

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 “subsections…

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

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

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

11 In section 35— (a) in subsection (1), for “subsections (8)…

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

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

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

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

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

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

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 65N”….

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” substitute—…

34 (1) Section 22 is amended as follows.

35 In section 25— (a) omit subsections (6), (7) and (8);…

36 (1) Section 33 is amended as follows.

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

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 (b)…

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

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

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” before…

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

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

51 (1) Section 110B 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 law”;…

55 In section 130, in the table— (a) omit the entry…

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

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 retained EU law

62 Cessation of Treaty Rights and Obligations

63 Amendment of retained direct EU 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 retained direct EU legislation

SCHEDULE 4 Saving and transitional provision

Signature

Explanatory note

SCHEDULE 4Saving and transitional provision

PART 3CMA investigations under Part 1 of the 1998 Act

Termination of EU elements of on-going investigations

6.

(1)

This paragraph applies where, immediately before exit day, the CMA is conducting an investigation which has both domestic elements and EU elements.

(2)

Anything done before exit day for the purposes of, or in connection with, the EU elements of the investigation is to be treated, on and after exit day, as done for the purposes of, or in connection with, the domestic elements of the investigation.

(3)

The reference in sub-paragraph (2) to anything done includes anything omitted to be done.

(4)

On and after exit day—

(a)

a notice validly issued before exit day under section 2699, 26A100, or 27101 of the 1998 Act for the purposes of the EU elements of the investigation is to be treated as validly issued for the purposes of the domestic elements of the investigation;

(b)

a warrant validly issued, or an application for a warrant made, before exit day under section 28102 or 28A103 of the 1998 Act for the purposes of the EU elements of the investigation is to be treated as validly issued or made in connection with the domestic elements of the investigation;

(c)

documents and other information obtained, and representations made, before exit day for the purposes of, or in connection with, the EU elements of the investigation are to be treated as obtained or made for the purposes of, or in connection with, the domestic elements of the investigation; and

(d)

a commitment accepted under section 31A of the 1998 Act before exit day for the purposes of addressing a competition concern identified during the course of the EU elements of the investigation, and not released before exit day, continues in force until released.

(5)

Sub-paragraph (4) is without prejudice to the generality of sub-paragraph (2).

(6)

On and after exit day a notice given before exit day under section 31(1)104 of the 1998 Act is to be treated as if any reference to a proposed decision described in section 31(2)(c) or (d) of the 1998 Act were omitted.
99

Section 26 was amended by paragraphs 1 and 6 of Schedule 5 to, and paragraphs 8 and 9 of Schedule 15 to, the Enterprise and Regulatory Reform Act 2013, paragraphs 38(1) and (20) of Schedule 25 to the Enterprise Act 2002, and S.I. 2004/1261.

100

Section 26A was inserted by section 39 of the Enterprise and Regulatory Reform Act 2013.

101

Section 27 was amended by paragraphs 1 and 7 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013, paragraphs 38(1) and (21) of Schedule 25 to the Enterprise Act 2002, paragraph 21 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16) and S.I. 2004/1261.

102

Section 28 was amended by paragraphs 1 and 2 of Schedule 13 to, and paragraphs 1 and 8 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013, section 203(1) and (2) of, and paragraphs 38(1) and (22) of Schedule 25 to, the Enterprise Act 2002, paragraph 21 of Schedule 2 to the Criminal Justice and Police Act 2001 and S.I. 2004/1261.

103

Section 28A was inserted by S.I. 2004/1261 and amended by paragraphs 1 and 3 of Schedule 13 to, and paragraphs 1 and 9 of Schedule 5 to, the Enterprise and Regulatory Reform Act 2013.

104

Section 31(1) was amended by paragraphs 1 and 10 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.