Statutory Instrument 1999 No. 506

The Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999

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© Crown Copyright 1999

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General
     3.  - (1) Anything having any continuing effect done by or in relation to the MMC before the commencement date, including (without prejudice to the generality of the foregoing) anything done by or in relation to the MMC in respect of a reference made to the MMC, is deemed from the commencement date to have been done by or in relation to the Commission and is not to be invalidated by the repeal of the provision under which or by relation to which it was done.

    (2) Any proceedings by, against or in respect of the MMC which are in existence immediately prior to the commencement date are from that date to continue as proceedings by, against or in respect of the Commission.

Transfer of assets, rights, obligations and liabilities
     4.  - (1) All property, rights, obligations and liabilities of the MMC immediately prior to the commencement date are on that date transferred to the Commission.

    (2) The liability of the Secretary of State for the payment of pensions of former Chairmen and deputy chairmen of the MMC is transferred to the Commission on the commencement date.

    (3) On the commencement date the liability of the Secretary of State for the payment of the following are transferred to the Commission:

(a) remuneration, allowances, or gratuities to persons who immediately before the commencement date were members of the MMC and who from that date become members of the Commission; and

(b) pensions of the persons who immediately before the commencement date were Chairman and deputy chairmen of the MMC and who from that date become Chairman and deputy chairmen of the Commission.

Members of the MMC and the Commission
     5. Subject to article 4(2) and (3), the repeal by the Competition Act 1998 of section 135(1) of, and paragraphs 6, 8 and 9 of Schedule 3 to, the Fair Trading Act 1973[2] is not to affect the continuing application of those provisions in respect of any pension, allowance, gratuity or sum by way of compensation in respect of which a determination has been made prior to the commencement date.

Deputy chairmen
     6. Subject to article 4(3) each person who immediately prior to the commencement date is a deputy chairman of the MMC is to hold office as a deputy chairman of the Commission for the remainder of the term for which he was appointed as a deputy chairman of the MMC and on the terms on which he was so appointed.

Transfer of employees
     7.  - (1) A contract of employment between the MMC and a person who is employed by the MMC immediately before the commencement date is to have effect from the commencement date as if originally made between him and the Commission.

    (2) All rights, powers, duties and liabilities of the MMC under or in connection with a contract to which paragraph (1) applies are transferred to the Commission on the commencement date.

    (3) Anything done before the commencement date by or in relation to the MMC in respect of such a contract, or in respect of a person employed under such a contract, is to be deemed from that date to have been done by or in relation to the Commission.

    (4) Paragraphs (1) to (3) are without prejudice to the right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change is not to be taken to have occurred by reason only of the application of this article.

    (5) Articles 3(1) and 4(1) do not apply where the preceding provisions of this article apply.

Transitory provisions in respect of the Competition Act 1980
     8. Prior to the repeals made by section 74(3) of and Schedule 14 to the Competition Act 1998, sections 5 and 7 of the Competition Act 1980[3] are to have effect subject to the substitution in section 5(1) (competition references) of "Competition Commission" for "Monopolies and Mergers Commission" and the substitution for section 7(6) (supplementary provisions as to competition references) of the following provisions-

    " (6) The provisions mentioned in subsection (6A) are to apply in relation to competition references as if-


(a) the functions of the Commission in relation to those references were functions under the Fair Trading Act 1973;

(b) the expression "merger reference" included a competition reference; and

(c) in paragraph 20(2)(a) of Schedule 7 to the Competition Act 1998, the reference to section 56 of the Fair Trading Act 1973 were a reference to sections 9 and 10 below.



    (6A) The provisions are-



(a) sections 70 (time limit for report on merger), 84 (public interest) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973; and

(b) Part II of Schedule 7 to the Competition Act 1998 (performance of the Commission's general functions)."

(a) in section 13(1) (licence modification references to the Commission) and in the definition of "the Commission" in section 106(1) (interpretation) for "Monopolies and Mergers Commission" in each place where it occurs substitute "Competition Commission"; and

(b) in section 101(2)(b)[13] after "Director General of Fair Trading" insert ", the Commission".

Airports Act 1986
     19. In the Airports Act 1986[14]-

(a) in section 36(1) (interpretation of Part IV, etc.) in the definition of "the Commission", for "Monopolies and Mergers" substitute "Competition";

(b) in section 74(3) (restriction on disclosure of information) after sub-paragraph (o) insert "(p) the Competition Act 1998."; and

(c) in section 74(6) for "Monopolies and Mergers" substitute "Competition".

Gas Act 1986
     20. In the Gas Act 1986[15]-

(a) in section 24(1) (modification references to Monopolies Commission) for "Monopolies and Mergers Commission (in this Part referred to as "the Monopolies Commission")" substitute "Competition Commission";

(b) in sections 24(1A), (2), (3), (4A), (5) and (6), 25(1), (2), (3) and (4) (reports on modification references), 26(1) (modification following report), 36A(6) and (8) (competition functions of the Director), 39(1)(b) (annual and other reports) and 42(2)(a) and (4)(a) (restrictions on disclosure of information) for "Monopolies Commission" in each place where it occurs substitute "Competition Commission";

(c) in section 42(2)(b) after "the Director General of Fair Trading," insert "the Competition Commission,";

(d) in section 48(1) (interpretation of Part I and savings) repeal the entry for "the Monopolies Commission"; and

(e) in paragraph 15(2) of Schedule 7 (annual and other reports) for "Monopolies and Mergers Commission" substitute "Competition Commission".

Financial Services Act 1986
     21. In the Financial Services Act 1986[16], in sections 124(3) (consequential exemptions from competition law) and 180(7)(a) (exceptions from restrictions on disclosure) for "the Monopolies and Mergers Commission" in each place where it occurs substitute "the Competition Commission".

Consumer Protection Act 1987
     22. In the Consumer Protection Act 1987[17], in section 38(6) (restrictions on disclosure of information) in the definition of "relevant person", in paragraph (b) for "Monopolies and Mergers Commission" substitute "Competition Commission".

Copyright, Designs and Patents Act 1988
     23. In the Copyright, Designs and Patents Act 1988[18] in sections 98(1) (undertaking to take licence of right), 144(1) (powers exercisable in consequence of report of Monopolies and Mergers Commission) and 238(1) (powers exercisable for protection of the public interest) and paragraph 17(1) of Schedule 2A (powers exercisable following MMC report), for "Monopolies and Mergers Commission" in each place where it occurs substitute "Competition Commission".

Electricity Act 1989
     24. In the Electricity Act 1989[19]-

(a) in section 12(1) for "Monopolies and Mergers Commission (in this Part referred to as "the Monopolies Commission")" substitute "Competition Commission";

(b) for "Monopolies Commission" substitute "Competition Commission" in each place where it occurs in sections 12(2), (3), (5), (6) and (7) (modification references to the Monopolies Commission), 13(1), (2), (3) and (4) (reports on modification references), 14(1) (modification following a report), 43(5) (competition functions of the Director), 50(1)(a)(ii) and (6) (annual and other reports) and 57(2)(a), (2)(b)(iii) and (5)(a) (general restrictions on disclosure of information); and

(c) in section 64(1) (interpretation) repeal the entry for "the Monopolies Commission".

Water Act 1989
     25. In the Water Act 1989[20] for "Monopolies Commission" substitute "Competition Commission" in each place where it occurs in section 174(2)(a), (2)(d)(iii) and (4)(a) (general restrictions on disclosure of information).

Companies Act 1989
     26. In the Companies Act 1989[21] in paragraph 8(3) of Schedule 14 (consequential exemption from competition law) for "Monopolies and Mergers Commission" substitute "Competition Commission".

Financial Services (Disclosure of Information) (Designated Authorities) (No. 6) Order 1989
     27. In article 2(b) of the Financial Services (Disclosure of Information) (Designated Authorities) (No. 6) Order 1989[22] for "Monopolies and Mergers Commission" substitute "Competition Commission".

Courts and Legal Services Act 1990
     28. In the Courts and Legal Services Act 1990[23] in section 50(2) (exceptions from restrictions on disclosure)-

(a) after sub-paragraph (viii) of paragraph (m) insert-


" (ix) the Competition Act 1998;"; and



(b) in paragraph (n) for "Monopolies and Mergers Commission" substitute "Competition Commission", and for "and the Competition Act 1980" substitute ", the Competition Act 1980 and the Competition Act 1998".

[2] 1973 c. 41.back

[3] 1980 c. 21.back

[4] 1949 c. 88. Section 11A was inserted by section 270 of the Copyright, Designs and Patents Act 1988 (c. 48).back

[5] 1958 c. 47. Section 19A was inserted by section 127 of the Fair Trading Act 1973 and section 47(2)(aa) was inserted by Schedule 12 to that Act and amended by section 19(4)(a) of the Competition Act 1980 (c. 21).back

[6] 1958 c. 51.back

[7] S.I. 1969/1842.back

[8] 1972 c. 11.back

[9] 1975 c. 24. The Competition Commission is inserted in Part II of Schedule 1 by paragraph 28 of Schedule 7 to the Competition Act 1998.back

[10] 1975 c. 25. The Competition Commission is inserted in Part II of Schedule 1 by paragraph 29 of Schedule 7 to the Competition Act 1998.back

[11] 1977 c. 37. A new section 51 was substituted by paragraph 14 of Schedule 5 to the Copyright Designs and Patents Act 1988 (c. 48) paragraph 15 of which amended section 53(2).back

[12] 1984 c. 12.back

[13] Section 101(2)(b) has been amended by paragraph 68(2) of Schedule 25 to the Water Act 1989 (c. 15), paragraph 29(3) of Schedule 16 to the Electricity Act 1989 (c. 29), paragraph 29(a) of Schedule 12 to the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)), Schedule 6 to the Gas (Northern Ireland) Order (S.I. 1996/275 (N.I. 2)), and paragraph 13(1) of Schedule 12 to the Railways Act 1993 (c. 43).back

[14] 1986 c. 31. Sub-paragraph (o) was inserted by Regulation 29(4) of the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996 (S.I. 1996/2199).back

[15] 1986 c. 44. Schedule 3 to the Gas Act 1995 (c. 45) amended the Gas Act 1986; paragraph 22 substituted a new subsection 24(1), amended subsections (3) and (6) and inserted subsections (1A) and (4A); paragraph 23 amended section 25(1) and (2); paragraph 24 amended section 26(1); paragraph 43 inserted section 36A; and paragraph 54 amended section 48(1). Section 42(2)(b) has been amended by paragraph 77 of Schedule 25 to the Water Act 1989, paragraph 34(a) of the Electricity Act 1989, paragraph 24 of Schedule 12 to the Railways Act 1993 (c. 43) and regulation 7(6)(h)(i) of the Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915). Section 42(4)(a) has been amended by paragraph 8 of Schedule 1 to the Competition and Services (Utilities) Act 1992 (c. 43).back

[16] 1986 c. 60.back

[17] 1987 c. 43. Section 38(6)(b) has been amended by paragraph 36 of Schedule 16 to the Electricity Act 1989, paragraph 31(b) of Schedule 12 to the Electricity (Northern Ireland) Order 1994 (S.I. 1992/231 (N.I. 1)), Schedule 6 to the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)) and paragraph 26(3) of Schedule 12 to the Railways Act 1993 (c. 43).back

[18] 1988 c. 48. Schedule 2A was inserted by regulation 22(2) of the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967).back

[19] 1989 c. 29. Section 12 is amended by paragraph 12(2) of Schedule 10 to the Competition Act 1998 which substitutes new subsections for (8) and (9) and inserts new subsections (8A) and (9A).back

[20] 1989 c. 15. Section 174(2)(a) and (b) have been amended by paragraph 50(2)(a) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and by paragraph 3(2) of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 1996 (S.I. 1996/593); section 174(4)(a) has been amended by paragraph 50(2)(d) of Schedule 1 to the Water Consolidation (Consequential Provisions) Act 1991 and paragraph 3(4) of Schedule 2 to the Environment Act 1995 (Consequential Amendments) Regulations 1996.back

[21] 1989 c. 40.back

[22] S.I. 1989/2009.back

[23] 1990 c. 41.back