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

JurisdictionUK Non-devolved
CitationSI 1999/506

1999 No. 506

COMPETITION

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

Made 25th February 1999

Laid before Parliament 3rd March 1999

Coming into force 1st April 1999

The Secretary of State in exercise of the powers conferred on him by sections 45, 71 and 75 of the Competition Act 19981hereby makes the following Order:

Citation and commencement
S-1 Citation and commencement

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.

1 PART I

PART I

Interpretation
S-2 Interpretation

Interpretation

2. In Part I of this Order:

(a) the “MMCMMC” means the Monopolies and Mergers Commission;

(b) the “Commission” means the Competition Commission; and

(c) the “commencement date” means the date on which the MMCMMC 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
S-3 General

General

3.—(1) Anything having any continuing effect done by or in relation to the MMCMMC before the commencement date, including (without prejudice to the generality of the foregoing) anything done by or in relation to the MMCMMC in respect of a reference made to the MMCMMC, 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 MMCMMC 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
S-4 Transfer of assets, rights, obligations and liabilities

Transfer of assets, rights, obligations and liabilities

4.—(1) All property, rights, obligations and liabilities of the MMCMMC 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 MMCMMC 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)

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

(b)

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

Members of the MMC and the Commission
S-5 Members of the MMC and the Commission

Members of the MMC and the Commission

Members of the MMCMMC 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 19732is 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
S-6 Deputy chairmen

Deputy chairmen

6. Subject to article 4(3) each person who immediately prior to the commencement date is a deputy chairman of the MMCMMC 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 MMCMMC and on the terms on which he was so appointed.

Transfer of employees
S-7 Transfer of employees

Transfer of employees

7.—(1) A contract of employment between the MMCMMC and a person who is employed by the MMCMMC 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 MMCMMC 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 MMCMMC 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
S-8 Transitory provisions in respect of the Competition Act 1980

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 19803are 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–

S-6

“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.

S-6A

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).”

2 PART II

PART II

Consequential amendments

Consequential amendments

Registered Designs Act 1949

S-9 In the Registered Designs Act 1949 in section 11A(1) and (7)...

9. In the Registered Designs Act 19494in 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
S-10 Agricultural Marketing Act 1958

Agricultural Marketing Act 1958

10. In the Agricultural Marketing Act 19585in sections 19A(1) and (2) (powers exercisable following MMCMMC 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
S-11 Public Records Act 1958

Public Records Act 1958

11. In the Public Records Act 19586in 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
S-12 Restrictive Trade Practices (Information Agreements) Order 1969

Restrictive Trade Practices (Information Agreements) Order 1969

12. In Part II of the Schedule to the Restrictive Trade Practices (Information Agreements) Order 19697for “Monopolies Commission” in the 6th entry substitute “Competition Commission”.

Superannuation Act 1972
S-13 Superannuation Act 1972

Superannuation Act 1972

13. In the Superannuation Act 19728in 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
S-14 Fair Trading Act 1973

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
S-15 House of Commons Disqualification Act 1975

House of Commons Disqualification Act 1975

15. In the House of Commons Disqualification Act 19759in Part II of Schedule 1 (bodies of which all members are disqualified) repeal the entry for the Monopolies and Mergers Commission.

Northern Ireland Assembly Disqualification Act 1975
S-16 Northern Ireland Assembly Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

16. In the Northern Ireland Assembly Disqualification Act 197510in Part II of Schedule 1 (bodies of which all members are disqualified) repeal the entry for the Monopolies and Mergers Commission.

Patents Act 1977
S-17 Patents Act 1977

Patents Act 1977

17. In the Patents Act 197711in sections 51(1) (powers exercisable in consequence of report of MMCMMC) 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
S-18 Telecommunications Act 1984

Telecommunications Act 1984

18. In the Telecommunications Act 198412

(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)13after “Director General of Fair Trading” insert “, the Commission”.

Airports Act 1986
S-19 Airports Act 1986

Airports Act 1986

19. In the Airports Act 198614

(a) in section 36(1) (interpretation of Part IV, etc.) in the definition of “the Commission”, for “Monopolies...

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