The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved) No. 1245

PART 4 U.K. Amendment of Part 4 of the 2019 Regulations

21.   For paragraph 4 substitute—

“Water Industry Act 1991

4.— (1) The Water Industry Act 1991 M1 is amended as follows.

(2)  In section 14B(1A)(b) M2 , for “subsection (8A)” substitute “ subsections (8A), (8B) and (8C) ”.

(3) In section 16B(6A)(b) M3 , for “subsection (8A)” substitute “ subsections (8A), (8B) and (8C) ”.

(4)  In section 17(2) M4 —

(a) omit the “or” at the end of paragraph (a);

(b) after paragraph (a) insert—

“(aa) an order under section 84C of the 2002 Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was a relevant undertaker at the time the commitment was given; or”.

(5) In section 17M(1A)(b) M5 , for “subsection (8A)” substitute “ subsections (8A), (8B) and (8C) ”.

(6) In section 17Q(6A)(b) M6 , for “subsection (8A)” substitute “ subsections (8A), (8B) and (8C) ”.

(7) In section 17R(2) M7 —

(a) omit the “or” at the end of paragraph (a);

(b) after paragraph (a) insert—

“(aa) an order under section 84C of that Act made in relation to a retained EU merger commitment if one or more persons who gave the commitment was engaged in the carrying on of activities authorised or regulated by a water supply licence or sewerage licence at the time the commitment was given; or”.

(8) In section 31(3) M8 —

(a) at the end of paragraph (a), insert “ or ”;

(b) omit paragraphs (c) and (d)”.]

Marginal Citations

M1 1991 c. 56.

M2 Section 14B was inserted by paragraph 25 of Schedule 25 to the Enterprise Act 2002; subsection (1A) was subsequently inserted by S.I. 2014/892.

M3 Section 16B was inserted by section 55 of the Water Act 2003 (c. 37); subsection (1A) was subsequently inserted by S.I. 2014/892.

M4 Subsection (2) of section 17 was substituted by paragraph 7 of Schedule 9 to the Enterprise Act 2002.

M5 Section 17M was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (1A) was subsequently inserted by S.I. 2014/892.

M6 Section 17Q was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003; subsection (6A) was subsequently inserted by S.I. 2014/892.

M7 Section 17R was inserted by paragraphs 1 and 2 of Schedule 4 to the Water Act 2003 and subsection (2) was subsequently amended by paragraphs 2 and 25 of Schedule 7 to the Water Act 2014; there is another amendment to section 17R(2) but it is not relevant to these Regulations.

M8 Section 31(3) was substituted by S.I. 2004/1261 and subsequently amended by section 36(3) of the Water Act 2003, paragraphs 4 and 5 of Schedule 15 to the Enterprise and Regulatory Reform Act 2013, and by S.I. 2012/1809 and S.I. 2014/892.