Competition Act 1998

3 (1) In consequence of the repeal by this Act of provisions of the [1980 c. 21.] Competition Act 1980, the functions transferred by subsection (3) of section 36A of the [1986 c. 44.] Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.

(2) Accordingly, that Act is amended as follows.

(3) In section 4 (general duties of Secretary of State and Director), after subsection (3), insert—

“(3A) Subsections (1) to (3) above and section 4A below do not apply in relation to anything done by the Director in the exercise of functions assigned to him by section 36A below (“Competition Act functions”).

(3B) The Director may nevertheless, when exercising any Competition Act function, have regard to any matter in respect of which a duty is imposed by any of subsections (1) to (3) above or section 4A below, if it is a matter to which the Director General of Fair Trading could have regard when exercising that function.”

(4) Section 36A is amended as follows.

(5) For subsection (3) substitute—

“(3) The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

(a) agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

(b) conduct of the kind mentioned in section 18(1) of that Act,

which relate to the carrying on of activities to which this subsection applies.

(3A) So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).”

(6) In subsection (5)—

(a) for “transferred by”, in each place, substitute “mentioned in”;

(b) after paragraph (b), insert “and”;

(c) omit paragraph (d) and the “and” immediately before it.

(7) In subsection (6), omit “or (3)”.

(8) In subsection (7), for paragraph (b) substitute—

“(b) Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),”.

(9) In subsection (8)—

(a) omit “or under the 1980 Act”;

(b) for “or (3) above” substitute “above and paragraph 1 of Schedule 10 to the Competition Act 1998”.

(10) In subsection (9), omit “or the 1980 Act”.

(11) In subsection (10), for the words from “transferred” to the end substitute “mentioned in subsection (2) or (3) above.”