The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020

PART 2 U.K. Amendments to subordinate legislation

Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003 U.K.

4.—(1) The Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003(1) is amended as follows.

(2) In the Schedule, for the definition of “aid” in paragraph 1, substitute—

““aid” means a measure which—

(a)

fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b)

is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services;”.

Commencement Information

I1 Sch. 2 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003 U.K.

5.—(1) The Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003(2) is amended as follows.

(2) In the Schedule, in paragraph 4—

(a) the existing text is renumbered as sub-paragraph (1);

(b) in sub-paragraph (1), omit “(within the meaning of Article 87 of the EC Treaty)”;

(c) at the end, insert—

“(2) In this paragraph “aid” means a measure which—

(a) fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b) is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I2 Sch. 2 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Water Mergers (Determination of Turnover) Regulations 2004 U.K.

6.—(1) The Water Mergers (Determination of Turnover) Regulations 2004(3) are amended as follows.

(2) In the Schedule, for paragraph 1, substitute—

“1.   In this Schedule “aid means a measure which—

(a) fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b) is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I3 Sch. 2 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005 U.K.

7.—(1) The Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005(4) are amended as follows.

(2) For regulation 2(2), substitute—

“(2) Paragraph (1) shall not apply in relation to a partially guaranteed scheme where—

(a) the scheme was in existence immediately prior to IP completion day; and

(b) the application of paragraph (1) immediately prior to IP completion day would have given rise to State aid that was incompatible with the internal market within the meaning of Article 107 of the Treaty as it had effect in the United Kingdom immediately prior to IP completion day.”.

Commencement Information

I4 Sch. 2 para. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Water Industry (Determination of Turnover for Penalties) Order 2005 U.K.

8.—(1) The Water Industry (Determination of Turnover for Penalties) Order 2005(5) is amended as follows.

(2) In article 2(1), for the definition of “aid” substitute—

““aid” means a measure which—

(a)

fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b)

is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I5 Sch. 2 para. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Pension Protection Fund (Entry Rules) Regulations 2005 U.K.

9.—(1) The Pension Protection Fund (Entry Rules) Regulations 2005(6) are amended as follows.

(2) For regulation 2(1A), substitute—

“(1A) Paragraph (1)(d) shall not apply in relation to a scheme where—

(a) the scheme was in existence immediately prior to IP completion day; and

(b) the application of paragraph (1)(d) immediately prior to IP completion day would have given rise to State aid that was incompatible with the internal market within the meaning of Article 107 of the Treaty as it had effect in the United Kingdom immediately prior to IP completion day.”.

Commencement Information

I6 Sch. 2 para. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Mobile Roaming (European Communities) Regulations 2007 U.K.

10.—(1) The Mobile Roaming (European Communities) Regulations 2007(7) are amended as follows.

(2) In regulation 6—

(a) in paragraph (4), omit “(within the meaning of Article 107 of the Treaty on the Functioning of the European Union)”;

(b) at the end, insert—

“(5) In this regulation “aid” means a measure which—

(a) fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b) is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I7 Sch. 2 para. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Community Infrastructure Levy Regulations 2010 U.K.

11.—(1) The Community Infrastructure Levy Regulations 2010(8) are amended as follows.

(2) In regulation 2(1), in the definition of “discretionary charitable relief”, omit “or 45”.

(3) In regulation 41—

(a) in paragraph (1), omit the definition of “State aid”;

(b) in paragraph (2), omit “or 45”.

(4) In regulation 42A—

(a) in paragraph (1), omit “Subject to paragraphs (5) and (6),”;

(b) omit paragraph (5) and (6).

(5) In regulation 42B(4), omit “, and subject to regulation 42A(5),”.

(6) In regulation 42C(3), omit sub-paragraph (b) and the “or” before it.

(7) In regulation 43(2)—

(a) after sub-paragraph (a), insert “or”;

(b) omit sub-paragraph (c) and the “or” before it.

(8) In regulation 44, omit paragraph (5).

(9) Omit regulation 45.

(10) In regulation 46—

(a) in paragraph (1)(a)(i), omit “or 45 (or both)”;

(b) in paragraph (2)(a)(i), omit “or 45 (or both)”.

(11) In regulation 54A—

(a) in paragraph (1), omit “Subject to paragraphs (10) and (11),”;

(b) omit paragraphs (10) and (11).

(12) In regulation 54B(4), omit “, and subject to regulation 54A(10),”.

(13) In regulation 54D(3), omit sub-paragraph (b) and the “or” before it.

(14) In regulation 55(3)(c), omit paragraph (iii) and the “and” before it.

Commencement Information

I8 Sch. 2 para. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Climate Change Agreements (Administration) Regulations 2012 U.K.

12.—(1) The Climate Change Agreements (Administration) Regulations 2012(9) are amended as follows.

(2) In regulation 17, omit paragraphs (1) and (2).

Commencement Information

I9 Sch. 2 para. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Electricity Capacity Regulations 2014 U.K.

13.—(1) The Electricity Capacity Regulations 2014(10) are amended as follows.

(2) In regulation 26—

(a) omit paragraph (3)(a);

(b) omit paragraph (5);

(c) in paragraph (7), for “Paragraphs (5)(a) and (6) are” substitute “Paragraph (6) is”.

(3) In regulation 28—

(a) in paragraph (1), for “26(5) or (6)” substitute “26(6)”;

(b) in paragraph (4), for “26(5)(a) or (6)” substitute “26(6)”.

Commencement Information

I10 Sch. 2 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Payment of Pension Levies for Past Periods Regulations 2014 U.K.

14.—(1) The Payment of Pension Levies for Past Periods Regulations 2014(11) are amended as follows.

(2) In regulation 3(7), after “794/2004”, insert “(as it had effect in the United Kingdom immediately prior to IP completion day)”.

Commencement Information

I11 Sch. 2 para. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Bank Recovery and Resolution (No. 2) Order 2014 U.K.

15.—(1) The Bank Recovery and Resolution (No. 2) Order 2014(12) is amended as follows.

(2) In article 161(3), omit sub-paragraph (b).

(3) In article 168(3), omit sub-paragraph (b).

Commencement Information

I12 Sch. 2 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Open Internet Access (EU Regulation) Regulations 2016 U.K.

16.—(1) The Open Internet Access (EU Regulation) Regulations 2016(13) are amended as follows.

(2) In regulation 24—

(a) in paragraph (4), omit “(within the meaning of Article 107 of the Treaty on the Functioning of the European Union)”;

(b) at the end, insert—

“(5) In this regulation “aid” means a measure which—

(a) fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b) is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I13 Sch. 2 para. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Capital Requirements (Amendment) (EU Exit) Regulations 2018 U.K.

17.—(1) The Capital Requirements (Amendment) (EU Exit) Regulations 2018(14) are amended as follows.

(2) In regulation 86, omit paragraphs (a) and (b).

Commencement Information

I14 Sch. 2 para. 17 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)

Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 U.K.

18.—(1) The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019(15) are amended as follows.

(2) Omit regulation 68.

(3) Omit regulation 113.

Commencement Information

I15 Sch. 2 para. 18 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)

Intra-EU Communications (EU Regulation) Regulations 2019 U.K.

19.—(1) The Intra-EU Communications (EU Regulation) Regulations 2019(16) are amended as follows.

(2) In regulation 9—

(a) in paragraph (4), omit “(within the meaning of Article 107 of the Treaty on the Functioning of the European Union)”;

(b) at the end, insert—

“(5) In this regulation “aid” means a measure which—

(a) fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and

(b) is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.

Commencement Information

I16 Sch. 2 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

(1)

S.I. 2003/1370, amended by S.I. 2012/1809; there are other amending instruments but none is relevant.

(2)

S.I. 2003/2712.

(3)

S.I. 2004/3206, amended by S.I. 2012/1809; there are other amending instruments but none is relevant.

(4)

S.I. 2005/277, amended by S.I. 2010/196; there are other amending instruments but none is relevant.

(5)

S.I. 2005/477, amended by S.I. 2012/1809; there are other amending instruments but none is relevant.

(6)

S.I. 2005/590, amended by S.I. 2010/196; there are other amending instruments but none is relevant.

(7)

S.I. 2007/1933, amended by S.I. 2012/1809; there are other amending instruments but none is relevant.

(8)

S.I. 2010/948, amended by S.I. 2014/385; there are other amending instruments but none is relevant.

(9)

S.I. 2012/1976, to which there are amendments not relevant to these Regulations.

(10)

S.I. 2014/2043, amended by S.I. 2014/3354 and S.I. 2019/862.

(11)

S.I. 2014/2939.

(12)

S.I. 2014/3348, amended by S.I. 2016/1239 and S.I. 2017/80.

(13)

S.I. 2016/607.

(14)

S.I. 2018/1401.

(15)

S.I. 2019/821.

(16)

S.I. 2019/980.