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17. For paragraph 2 substitute—
2.—(1) The Gas Act 1986(1) is amended as follows.
(2) In section 27(1ZA)(2)—
(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 licence at the time the commitment was given; or”.
(3) In section 36A(3)(3)—
(a)at the end of paragraph (a), insert “or”;
(b)omit paragraphs (c) and (d).
(4) In section 41EB(1A)(b)(4), for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.”.
Subsections (1) and (1ZA) of section 27 were substituted for subsection (1) as originally enacted by paragraph 4 of Schedule 9 to the Enterprise Act 2002 and subsequently amended by paragraphs 15 and 22 of Schedule 6 to the Enterprise and Regulatory Reform Act 2013 and S.I. 2014/892.
Section 36A was inserted by paragraph 43 of Schedule 3 to the Gas Act 1995 (c. 45); subsection (3) was substituted by section 54(2) and paragraph 3(5) of Schedule 10 to the Competition Act 1998, further substituted by S.I. 2004/1261, and subsequently amended by paragraph 2 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013 and by S.I. 2014/892.
Section 41EB was inserted by paragraph 15 of Schedule 25 to the Enterprise Act 2002; subsection (1A) was subsequently inserted by S.I. 2014/892.
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