Paragraph 40

(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reference may include consideration of a question which could not have been considered if the provision had not been repealed.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 M1Electricity (Northern Ireland) Order 1992;

(i)

section 14(2) of the Railways Act 1993 (c. 43);

(j)

article 36(3) of the M2Airports (Northern Ireland) Order 1994;

(k)

article 16(2) of the M3Gas (Northern Ireland) Order 1996.

Annotations

Marginal citations

M1: S.I. 1992/231 (N.I. 1).
M2: S.I. 1994/426 (N.I. 1).
M3: S.I. 1996/275 (N.I. 2).

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1