Statutory Instruments
Competition
Made
24th June 2021
Laid before Parliament
1st July 2021
Coming into force
29th July 2021
The Secretary of State, in exercise of the powers conferred by section 71(3) of, and paragraph 7(1), (2) and (3) of Schedule 3 to, the Competition Act 1998(1), makes the following Order.
1. This Order may be cited as the Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021 and comes into force on 29th July 2021.
2. The Schedule to this Order has effect.
Paul Scully
Parliamentary Under Secretary of State
Department for Business, Energy and Industrial Strategy
24th June 2021
Article 2
1. The following Orders are revoked—
(a)the Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020(2);
(b)the Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020(3);
(c)the Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020(4);
(d)the Competition Act 1998 (Groceries) (Public Policy Exclusion) Order 2020(5).
(This note is not part of the Order)
Agreements between undertakings, decisions by associations of undertakings or concerted practices which may affect trade within the United Kingdom and which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom are prohibited by Chapter I of the Competition Act 1998 (c. 41).
Where there are exceptional and compelling reasons of public policy to do so, the Secretary of State may exclude agreements or descriptions of agreements and conduct which is carried out in particular circumstances from the prohibitions contained in Chapter I. This Order revokes the following instruments which were made by the Secretary of State in response to the Coronavirus pandemic, in order to provide exclusions in relation to the Chapter I prohibition—
The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/368);
The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/370);
The Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/435).
This Order also revokes the Competition Act 1998 (Groceries) (Public Policy Exclusion) Order 2020 (S.I. 2020/1568), which contained a sunset provision and expired at the end of 31 March 2021.
No impact assessment has been prepared for this Order as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
An Explanatory Memorandum is available with this Order on www.legislation.gov.uk. Copies have been placed in the Libraries of both Houses of Parliament.