The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Amendment of Schedule 1: amendment of other primary legislation

21.  For paragraph 4 substitute—

“Water Industry Act 1991

4.— (1) The Water Industry Act 1991(1) is amended as follows.

(2)  In section 14B(1A)(b)(2), for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(3) In section 16B(6A)(b)(3), for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(4)  In section 17(2)(4)—

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

(b) after paragraph (a) insert—

“(aa) an order under section 84C of the 2002 Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was a relevant undertaker at the time the commitment was given; or”.

(5) In section 17M(1A)(b)(5), for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(6) In section 17Q(6A)(b)(6), for “subsection (8A)” substitute “subsections (8A), (8B) and (8C)”.

(7) In section 17R(2)(7)—

(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 water supply licence or sewerage licence at the time the commitment was given; or”.

(8) In section 31(3)(8)—

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

(b) omit paragraphs (c) and (d)”.

(1)

1991 c. 56.

(2)

Section 14B was inserted by paragraph 25 of Schedule 25 to the Enterprise Act 2002; subsection (1A) was subsequently inserted by S.I. 2014/892.

(3)

Section 16B was inserted by section 55 of the Water Act 2003 (c. 37); subsection (1A) was subsequently inserted by S.I. 2014/892.

(4)

Subsection (2) of section 17 was substituted by paragraph 7 of Schedule 9 to the Enterprise Act 2002.

(5)

Section 17M was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (1A) was subsequently inserted by S.I. 2014/892.

(6)

Section 17Q was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (6A) was subsequently inserted by S.I. 2014/892.

(7)

Section 17R was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003 and subsection (2) was subsequently amended by paragraphs 2 and 25 of Schedule 7 to the Water Act 2014; there is another amendment to section 17R(2) but it is not relevant to these Regulations.

(8)

Section 31(3) was substituted by S.I. 2004/1261 and subsequently amended by section 36(3) of the Water Act 2003, paragraphs 4 and 5 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2012/1809 and S.I. 2014/892.