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 4Amendment of Part 4 of the 2019 Regulations

Amendment of Schedule 1: amendment of other primary legislation21.

For paragraph 4 substitute—

“Water Industry Act 19914.

(1)

The Water Industry Act 199133 is amended as follows.

(2)

 In section 14B(1A)(b)34, for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(3)

In section 16B(6A)(b)35, for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(4)

 In section 17(2)36

(a)

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

(b)

after paragraph (a) insert—

“(aa)

an order under section 84C of the 2002 Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was a relevant undertaker at the time the commitment was given; or”.

(5)

In section 17M(1A)(b)37, for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(6)

In section 17Q(6A)(b)38, for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(7)

In section 17R(2)39

(a)

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

(b)

after paragraph (a) insert—

“(aa)

an order under section 84C of that Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence at the time the commitment was given; or”.

(8)

In section 31(3)40

(a)

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

(b)

omit paragraphs (c) and (d)”.

34

Section 14B was inserted by paragraph 25 of Schedule 25 to the Enterprise Act 2002; subsection (1A) was subsequently inserted by S.I. 2014/892.

35

Section 16B was inserted by section 55 of the Water Act 2003 (c. 37); subsection (1A) was subsequently inserted by S.I. 2014/892.

36

Subsection (2) of section 17 was substituted by paragraph 7 of Schedule 9 to the Enterprise Act 2002.

37

Section 17M was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (1A) was subsequently inserted by S.I. 2014/892.

38

Section 17Q was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (6A) was subsequently inserted by S.I. 2014/892.

39

Section 17R was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003 and subsection (2) was subsequently amended by paragraphs 2 and 25 of Schedule 7 to the Water Act 2014; there is another amendment to section 17R(2) but it is not relevant to these Regulations.

40

Section 31(3) was substituted by S.I. 2004/1261 and subsequently amended by section 36(3) of the Water Act 2003, paragraphs 4 and 5 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2012/1809 and S.I. 2014/892.