Competition Bill [H.L.] - continued        House of Commons

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References to the Monopolies and Mergers Commission
     12. - (1) If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed.
      (2) The provisions are-
    (a) sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41),
    (b) section 11(8)(b) of the Competition Act 1980 (c. 21),
    (c) section 14(2) of the Telecommunications Act 1984 (c. 12),
    (d) section 45(3) of the Airports Act 1986 (c. 31),
    (e) section 25(2) of the Gas Act 1986 (c. 44),
    (f) section 13(2) of the Electricity Act 1989 (c. 29),
    (g) section 15(2) of the Water Industry Act 1991 (c. 56),
    (h) article 16(2) of the Electricity (Northern Ireland) Order 1992,
    (i) section 14(2) of the Railways Act 1993 (c. 43),
    (j) article 16(2) of the Gas (Northern Ireland) Order 1996.
Orders under Schedule 8 of the Fair Trading Act 1973 (c. 41)
     13. - (1) In this paragraph-
    "the 1973 Act" means the Fair Trading Act 1973;
    "agreement" means an agreement entered into before the date on which the repeal of the limiting provisions comes into force;
    "the order" means an order under section 56 or 73 of the 1973 Act;
    "the limiting provisions" means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and
    "transitional period" means the period which-
      (a) begins on the day on which the repeal of the limiting provisions comes into force; and
      (b) ends on the first anniversary of the commencement date.
      (2) Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.
      (3) As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.
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