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 legislation24.

For paragraph 7 substitute—

“Gas (Northern Ireland) Order 19967.

(1)

The Gas (Northern Ireland) Order 199650 is amended as follows.

(2)

In Article 18(1A)51

(a)

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

(b)

after sub-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 licence at the time the commitment was given; or”.

(3)

 In Article 23(3)52

(a)

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

(b)

omit sub-paragraphs (c) and (d).”.

51

Article 18 was amended by paragraph 13 of Schedule 9 to the Enterprise Act 2002 and paragraph 165 of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 and S.R. 2013/92; there are other amendments to article 18 but none is relevant to these Regulations.

52

Relevant amending instruments are S.I. 2004/1261, 2014/892 and paragraph 54 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013.