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

Cited asSI 1999/506
JurisdictionUK Non-devolved

1999No. 506

COMPETITION

The Competition Act 1998 (Competition Commission)

Transitional, Consequential and Supplemental Provisions

Order 1999

Made

25thFebruary1999

Laid before Parliament

3rdMarch1999

Coming into force

1stApril1999

The Secretary of State in exercise of the powers conferred on him by sections 45, 71 and 75 of the Competition Act 1998( a) hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999 and shall come into force on 1st April 1999.

PART I

Interpretation

2. In Part I of this Order:

(a) the "MMC" means the Monopolies and Mergers Commission;

(b) the "Commission" means the Competition Commission; and

(c) the "commencement date" means the date on which the MMC is dissolved and its functions are transferred to the Competition Commission by virtue of section 45(3) of the Competition Act 1998 coming into force.

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.

(a) 1998 c. 41.

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( a) 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( b) 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;

(a) 1973 c. 41.

(b) 1980 c. 21.

(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)."

PART II

Consequential amendments

Registered Designs Act 1949

9. In the Registered Designs Act 1949 ( a) in section 11A(1) and (7) (powers exercisable for protection of the public interest) for "Monopolies and Mergers Commission" substitute "Competition Commission".

Agricultural Marketing Act 1958

10. In the Agricultural Marketing Act 1958 ( b) in sections 19A(1) and (2) (powers exercisable following MMC report) and 47(2)(aa) (restrictions on disclosure of information) for "Monopolies and Mergers Commission" in each place where it occurs substitute "Competition Commission".

Public Records Act 1958

11. In the Public Records Act 1958 ( c) in the list headed Part II at the end of paragraph 3 of Schedule 1 repeal the entry "Monopolies Commission" and insert in the appropriate place "Competition Commission".

Restrictive Trade Practices (Information Agreements) Order 1969

12. In Part II of the Schedule to the Restrictive Trade Practices (Information Agreements) Order 1969( d) for "Monopolies Commission" in the 6th entry substitute "Competition Commission".

Superannuation Act 1972

13. In the Superannuation Act 1972 ( e) in Schedule 1 in the list of other bodies (employment in respect of which the Minister for the Civil Service may make superannuation schemes) repeal the entry "Monopolies Commission" and insert in the appropriate place "Competition Commission".

Fair Trading Act 1973

14. In the Fair Trading Act 1973 in section 137(2) (interpretation) in the definition of "the Commission" for "Monopolies and Mergers" substitute "Competition".

House of Commons Disqualification Act 1975

15. In the House of Commons Disqualification Act 1975 ( f) in Part II of Schedule 1 (bodies of which all members are disqualified) repeal the entry for the Monopolies and Mergers Commission.

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

(b) 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).

(c) 1958 c. 51.

(d) S.I. 1969/1842.

(e) 1972 c. 11.

(f) 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.

Northern Ireland Assembly Disqualification Act 1975

16. In the Northern Ireland Assembly Disqualification Act 1975 ( a) in Part II of Schedule 1 (bodies of which all members are disqualified) repeal the entry for the Monopolies and Mergers Commission.

Patents Act 1977

17. In the Patents Act 1977 ( b) in sections 51(1) (powers exercisable in consequence of report of MMC) and 53(2) (statements in reports to be prima facie evidence) for "Monopolies and Mergers Commission" in each place where it occurs substitute "Competition Commission".

Telecommunications Act 1984

18. In the Telecommunications Act 1984 ( c)-

(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)( d) after "Director General of Fair Trading" insert ", the Commission".

Airports Act 1986

19. In the Airports Act 1986 ( e)-

(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 ( f)-

(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

(a) 1975 c. 25. The Competition Commission is inserted in...

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