SCHEDULES

SCHEDULE 10 Regulators

Part II The Prohibitions

Gas

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1

In consequence of the repeal by this Act of provisions of the M1Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M2Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.

2

Accordingly, that Act is amended as follows.

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4

Section 36A is amended as follows.

5

For subsection (3) substitute—

3

The Director shall be entitled to exercise, concurrently with the Director General of Fair Trading, the functions of that Director under the provisions of Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51), so far as relating to—

a

agreements, decisions or concerted practices of the kind mentioned in section 2(1) of that Act, or

b

conduct of the kind mentioned in section 18(1) of that Act,

which relate to the carrying on of activities to which this subsection applies.

3A

So far as necessary for the purposes of, or in connection with, the provisions of subsection (3) above, references in Part I of the Competition Act 1998 to the Director General of Fair Trading are to be read as including a reference to the Director (except in sections 38(1) to (6), 51, 52(6) and (8) and 54 of that Act and in any other provision of that Act where the context otherwise requires).

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7

In subsection (6), omit “or (3)”.

8

In subsection (7), for paragraph (b) substitute—

b

Part I of the Competition Act 1998 (other than sections 38(1) to (6) and 51),

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