SCHEDULE 1Amendment of other primary legislation
Company Directors Disqualification Act 1986I11
1
Section 9A of the Company Directors Disqualification Act 1986 M1 is amended as follows.
2
In subsection (4)—
a
for “any of the following” substitute “
either of the following
”
;
b
omit paragraphs (c) and (d).
3
In subsection (8), omit “or (c)”.
4
In subsection (11), for the words from “Section 60” to “law)” substitute “
Section 60A of the Competition Act 1998 (certain principles etc to be considered or applied from F1IP completion day)
”
.
Gas Act 1986I22
1
Section 36A(3) of the Gas Act 1986 M2 is amended as follows.
F22
At the end of paragraph (b), insert “or”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Electricity Act 1989I33
1
Section 43(3) of the Electricity Act 1989 M3 is amended as follows.
F32
At the end of paragraph (b), insert “or”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Water Industry Act 1991I44
1
Section 31(3) of the Water Industry Act 1991 M4 is amended as follows.
F42
At the end of paragraph (b), insert “or”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Electricity (Northern Ireland) Order 1992I55
1
Article 46(3) of the Electricity (Northern Ireland) Order 1992 M5 is amended as follows.
F52
At the end of sub-paragraph (b), insert “or”.
3
For sub-paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Railways Act 1993I66
1
Section 67(3) of the Railways Act 1993 M6 is amended as follows.
F62
At the end of paragraph (b), insert “or”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Gas (Northern Ireland) Order 1996I77
1
Article 23(3) of the Gas (Northern Ireland) Order 1996 M7 is amended as follows.
F72
At the end of sub-paragraph (b), insert “or”.
3
For sub-paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Financial Services and Markets Act 2000I88
1
Section 234J(2) of the Financial Services and Markets Act 2000 M8 is amended as follows.
F82
At the end of paragraph (b), insert “and”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).
Transport Act 2000I99
1
The Transport Act 2000 M9 is amended as follows.
F92
In section 86(3)—
a
at the end of paragraph (b), insert “or”;
b
for paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions,
3
In Schedule 9 M10—
a
in paragraph 3(1), omit paragraph (k);
b
in paragraph 3(3), omit paragraph (s).
4
In Schedule 10, in paragraph 23(2)(a) M11, for “and 11” substitute “
and 10A
”
.
Company Directors Disqualification (Northern Ireland) Order 2002I1010
1
Article 13A of the Company Directors Disqualification (Northern Ireland) Order 2002 M12 is amended as follows.
2
In paragraph (4)—
a
for “any of the following” substitute “
either of the following
”
;
b
omit sub-paragraphs (c) and (d).
3
In paragraph (8), omit “or (c)”.
4
In paragraph (11), for the words from “Section 60” to “law)” substitute “
Section 60A of the Competition Act 1998 (certain principles etc to be considered or applied from F10IP completion day)
”
.
Communications Act 2003I1111
1
The Communications Act 2003 M13 is amended as follows.
F112
In section 371(2)—
a
at the end of paragraph (b), insert “or”;
b
for paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
3
Paragraph 6 of Schedule 11 M14 is amended as follows.
4
In sub-paragraph (6), at the beginning insert “
Subject to paragraph 6A,
”
.
5
In sub-paragraph (7)(a)—
a
after “European Court” insert “before F12IP completion day”
, and
b
for “of that court” substitute “
made by that court before F12IP completion day”
.
6
After sub-paragraph (7) insert—
7A
In sub-paragraph (7)(a), the reference to principles laid down before F13IP completion day is a reference to such principles as they have effect in EU law immediately before F13IP completion day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after F13IP completion day.
7
After that paragraph insert—
Competition tests applying to OFCOM's decisions: EU principles etc6A
1
Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a)—
a
so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after F14IP completion day, or
b
so far as doing so would be incompatible with OFCOM's duty to secure that there is no inconsistency with a decision referred to in paragraph 6(7)(b).
2
For the purposes of sub-paragraph (1)(a), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.
3
Paragraph 6(6) does not require OFCOM to secure that there is no inconsistency with a principle or decision referred to in paragraph 6(7)(a) if OFCOM think that it is appropriate to act otherwise in the light of one or more of the following—
a
differences between the competition tests and Article 101 of the Treaty on the Functioning of the European Union as it had effect immediately before F14IP completion day;
b
differences between markets in the United Kingdom and markets in the European Union;
c
developments in forms of economic activity since the time when the principle or decision referred to in paragraph 6(7)(a) was laid down or made;
d
generally accepted principles of competition analysis or the generally accepted application of such principles;
e
a principle laid down, or decision made, by the European Court on or after F14IP completion day;
f
the particular circumstances under consideration.
Water and Sewerage Services (Northern Ireland) Order 2006I1212
1
Article 29(3) of the Water and Sewerage Services (Northern Ireland) Order 2006 M15 is amended as follows.
F152
At the end of sub-paragraph (b), insert “or”.
3
For sub-paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act),
Health and Social Care Act 2012F19I1313
In section 72(2) of the Health and Social Care Act 2012, for paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).
Civil Aviation Act 2012I1414
1
The Civil Aviation Act 2012 M16 is amended as follows.
2
In section 6—
a
omit subsection (9)(a);
b
omit subsection (10)(a);
c
in subsection (10)(b), omit “and Articles 101 and 102 of the TFEU”;
d
omit subsection (11).
F162A
In section 62(2)(a), for “(d)”, substitute “(c)”.
F173
In section 62(3)—
a
at the end of paragraph (b), insert “or”;
b
for paragraphs (c) and (d), substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).
Financial Services (Banking Reform) Act 2013I1515
1
Section 61(2) of the Financial Services (Banking Reform) Act 2013 M17 is amended as follows.
F182
At the end of paragraph (b), insert “and”.
3
For paragraphs (c) and (d) substitute—
c
transferred EU anti-trust commitments or transferred EU anti-trust directions (as defined in section 40ZA of that Act).