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Textual Amendments
F1Sch. 10 Pt. 2 inserted (26.11.2008 for specified purposes, 9.2.2009 for E. in so far as not already in force, 1.4.2009 for W. in so far as not already in force) by Local Transport Act 2008 (c. 26), s. 134(1)(c)(4), Sch. 2 para. 15; S.I. 2009/107, art. 2(2), Sch. 2 Pt. 1; S.I. 2009/579, art. 2(d)
23(1)The provisions of Part 1 of the Competition Act 1998 (“the 1998 Act”) specified in sub-paragraph (2) apply in relation to the prohibition in paragraph 20 (and a VMA, VBA or qualifying agreement to which this Part of this Schedule applies) as those provisions apply in relation to the Chapter 1 prohibition (and an agreement to which the provisions of that Chapter apply).E+W
(2)The provisions are—
(a)in Chapter 1, sections 3, 6, 8, 10 [F2and 10A] (excluded agreements and exemptions);
(b)Chapter 3 (investigations and enforcement), except sections 36 to 39 (penalties);
(c)in Chapter 4, sections 46 to 49 (appeals) [F3, except section 47F and Schedule 8A];
(d)Chapter 5 (miscellaneous), except section 54 (regulators).
(3)The application, by virtue of sub-paragraph (2)(d), of Chapter 5 includes section 52(1) of the 1998 Act; but this is subject to the following modifications—
(a)the reference to the passing of the 1998 Act is to be read as a reference to the passing of the Local Transport Act 2008;
(b)the reference to the Director is to be read as a reference to the OFT.
(4)The application, in accordance with sub-paragraph (1), of the provisions mentioned in sub-paragraph (2) is to be subject to such further modifications as the Secretary of State may by order provide.]
Textual Amendments
F2Words in Sch. 10 para. 23(2)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 9(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 10 para. 23(2)(c) inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 10(1)