Competition Act 1998

Part IVEnvironmental Protection

Producer responsibility obligations

6(1)The [1995 c. 25.] Environment Act 1995 is amended as follows.

(2)In section 94(1) (supplementary provisions about regulations imposing producer responsibility obligations on prescribed persons), after paragraph (o), insert—

“(oa)the exclusion or modification of any provision of Part I of the Competition Act 1998 in relation to exemption schemes or in relation to any agreement, decision or concerted practice at least one of the parties to which is an operator of an exemption scheme;”.

(3)After section 94(6), insert—

“(6A)Expressions used in paragraph (oa) of subsection (1) above which are also used in Part I of the Competition Act 1998 are to be interpreted in the same way as for the purposes of that Part of that Act.”

(4)After section 94, insert—

“94AProducer responsibility: competition matters

(1)For the purposes of this section, the relevant paragraphs are paragraphs (n), (o), (oa) and (ya) of section 94(1) above.

(2)Regulations made by virtue of any of the relevant paragraphs may include transitional provision in respect of agreements or exemption schemes—

(a)in respect of which information has been required for the purposes of competition scrutiny under any regulation made by virtue of paragraph (ya);

(b)which are being, or have been, considered for the purposes of competition scrutiny under any regulation made by virtue of paragraph (n) or (ya); or

(c)in respect of which provisions of the [1976 c. 34.] Restrictive Trade Practices Acts 1976 and [1977 c. 19.] 1977 have been modified or excluded in accordance with any regulation made by virtue of paragraph (o).

(3)Subsections (2), (3), (5) to (7) and (10) of section 93 above do not apply to a statutory instrument which contains only regulations made by virtue of any of the relevant paragraphs or subsection (2) above.

(4)Such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.”