Competition Act 1998

10 (1) The Gas Act 1986 is amended as follows. U.K.

(2) In section 24 (modification references to the Competition Commission), for subsection (7) substitute—

“(7) The provisions mentioned in subsection (7A) are to apply in relation to references under this section as if—

(a) the functions of the Competition Commission in relation to those references were functions under the M1 Fair Trading Act 1973;

(b) the expression “merger reference” included a reference under this section;

(c) in section 70 of the M2 Fair Trading Act 1973—

(i) references to the Secretary of State were references to the Director, and

(ii) the reference to three months were a reference to six months.

(7A) The provisions are—

(a) sections 70 (time limit for report on merger) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973;

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions); and

(c) section 24 of the M3 Competition Act 1980 (modification of provisions about performance of such functions).”

(3) In section 25, omit subsection (2) (which falls with the repeal of the M4 Restrictive Trade Practices Act 1976).

(4) In section 27 (modification by order under other enactments)—

(a) in subsection (1), omit “or section 10(2)(a) of the M5 Competition Act 1980”;

(b) in subsection (3)(a), omit from “or” to “competition reference”;

(c) in subsection (6), omit “or the said Act of 1980”.

(5) In section 28 (orders for securing compliance with certain provisions), in subsection (5), after paragraph (aa), omit “or” and after paragraph (b), insert “or

(c) that the most appropriate way of proceeding is under the Competition Act 1998.”

(6) In section 42(3) (general restrictions on disclosure of information)—

(a) omit paragraphs (e) and (f) (which refer to the Restrictive Trade Practices Act 1976 and the M6 Resale Prices Act 1976);

(b) after paragraph (n), insert—

“(o) the Competition Act 1998”.

(7) At the end of section 42, insert—

“(7) Information obtained by the Director in the exercise of functions which are exercisable concurrently with the Director General of Fair Trading under Part I of the Competition Act 1998 is subject to sections 55 and 56 of that Act (disclosure) and not to subsections (1) to (6) of this section.”

Commencement Information

I1 Sch. 10 para. 10 wholly in force; Sch. 10 para. 10 not in force at Royal Assent see s. 76(3); Sch. 10 para. 10 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 10(6)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 10(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 10 (3)-(5)(6)(a) and (7) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.

Marginal Citations

M1 1973 c. 41.

M2 1973 c. 41.

M3 1980 c. 21.

M4 1976 c. 34.

M5 1980 c. 21.

M6 1976 c. 53.