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

the “MMC” means the Monopolies and Mergers Commission;

the “Commission” means the Competition Commission; and

the “commencement date” means the date on which the MMC 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.

Anything having any continuing effect done by or in relation to the MMC before the commencement date, including (without prejudice to the generality of the foregoing) anything done by or in relation to the MMC in respect of a reference made to the MMC, 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.

Any proceedings by, against or in respect of the MMC 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.

All property, rights, obligations and liabilities of the MMC immediately prior to the commencement date are on that date transferred to the Commission.

The liability of the Secretary of State for the payment of pensions of former Chairmen and deputy chairmen of the MMC is transferred to the Commission on the commencement date.

On the commencement date the liability of the Secretary of State for the payment of the following are transferred to the Commission:

A contract of employment between the MMC and a person who is employed by the MMC immediately before the commencement date is to have effect from the commencement date as if originally made between him and the Commission.

All rights, powers, duties and liabilities of the MMC under or in connection with a contract to which paragraph (1) applies are transferred to the Commission on the commencement date.

Anything done before the commencement date by or in relation to the MMC 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.

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.

Articles 3(1) and 4(1) do not apply where the preceding provisions of this article apply.

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

in section 101(2)(b)^f2 after “Director General of Fair Trading” insert “, the Commission”.

in section 36(1) (interpretation of Part IV, etc.) in the definition of “the Commission”, for “Monopolies and Mergers” substitute “Competition”;

in section 74(3) (restriction on disclosure of information) after sub-paragraph (o) insert “(p) the Competition Act 1998.”; and

in section 74(6) for “Monopolies and Mergers” substitute “Competition”.

in section 24(1) (modification references to Monopolies Commission) for “Monopolies and Mergers Commission (in this Part referred to as “the Monopolies Commission”)” substitute “Competition Commission”;

in sections 24(1A), (2), (3), (4A), (5) and (6), 25(1), (2), (3) and (4) (reports on modification references), 26(1) (modification following report), 36A(6) and (8) (competition functions of the Director), 39(1)(b) (annual and other reports) and 42(2)(a) and (4)(a) (restrictions on disclosure of information) for “Monopolies Commission” in each place where it occurs substitute “Competition Commission”;

in section 42(2)(b) after “the Director General of Fair Trading,” insert “the Competition Commission,”;

in section 48(1) (interpretation of Part I and savings) repeal the entry for “the Monopolies Commission”; and

in paragraph 15(2) of Schedule 7 (annual and other reports) for “Monopolies and Mergers Commission” substitute “Competition Commission”.

in section 12(1) for “Monopolies and Mergers Commission (in this Part referred to as “the Monopolies Commission”)” substitute “Competition Commission”;

for “Monopolies Commission” substitute “Competition Commission” in each place where it occurs in sections 12(2), (3), (5), (6) and (7) (modification references to the Monopolies Commission), 13(1), (2), (3) and (4) (reports on modification references), 14(1) (modification following a report), 43(5) (competition functions of the Director), 50(1)(a)(ii) and (6) (annual and other reports) and 57(2)(a), (2)(b)(iii) and (5)(a) (general restrictions on disclosure of information); and

in section 64(1) (interpretation) repeal the entry for “the Monopolies Commission”.

after sub-paragraph (viii) of paragraph (m) insert–

“(ix)

the Competition Act 1998;”; and

in paragraph (n) for “Monopolies and Mergers Commission” substitute “Competition Commission”, and for “and the Competition Act 1980” substitute “, the Competition Act 1980 and the Competition Act 1998”.

in sections 2(3) (regulation by Independent Television Commission of provision of television services) and 85(4) (licensing functions of Radio Authority) for “Monopolies and Mergers Commission” in each place where it occurs substitute “Competition Commission”;

in section 197 (restriction on disclosure of information) in subsection (2)(a)(ii) for “Monopolies and Mergers Commission” substitute “Competition Commission” and after “the Competition Act 1980” insert “, the Competition Act 1998” and in subsection (2)(c) after “the Restrictive Trade Practices Act 1976” insert “, the Competition Act 1998”;

in Schedule 4^f2 (references with respect to networking arrangements):

in section 12(2)(b) (determinations under conditions of appointment) for “Monopolies and Mergers Commission (in this Act referred to as “the Monopolies Commission”)” substitute “Competition Commission”;

in sections 12(3) to (5), 14(1) to (3), (5) and (6) (modification references to the Monopolies Commission), 15(1) to (4) (reports on modification references), 16(1) (modification following report), 31(7) (functions of the Director with respect to competition), 32(1) (duty to refer merger of water or sewerage undertakings), 34(2)(a), (3) and (4) (references with respect to water enterprise mergers), 193(1)(b) (reports by the Director), 195(2)(b) (the Director’s register) and 206(3)(a) and (4)(a) (restrictions on disclosure of information) and Part I of Schedule 15 (persons in respect of whose functions disclosure may be made) for “Monopolies Commission” in each place where it occurs substitute “Competition Commission”; and

in section 219(1) (interpretation) repeal the entry for “the Monopolies Commission”.

in section 204(2)(a) and (3)(a)(iv) (restriction on disclosure of information) for “Monopolies Commission” in each place where it occurs substitute “Competition Commission”; and

in Part I of Schedule 24 (persons in respect of whose functions disclosure may be made) for the entry “The Monopolies and Mergers Commission” substitute “The Competition Commission”.

in section 13(1) (modification references to the Monopolies Commission for “Monopolies and Mergers Commission (in this Act referred to as the “Monopolies Commission”)” substitute “Competition Commission”;

in sections 13(2), (3), (5) to (7), 14(1) to (4) (reports on modification references), 15(1) (modification following report), 67(5) to (7) and (9) (respective functions of the Regulator and the Director General of Fair Trading, and functions of the Monopolies Commission), 74(1)(b) and (7) (annual and other reports of the Regulator) and 145(2)(a), (2)(b)(iii) and (5)(a) (general restrictions on disclosure of information) for “Monopolies Commission” in each place where it occurs substitute “Competition Commission”; and

in section 151(1) (interpretation) repeal the entry for “the Monopolies Commission”.

in regulation 2(1) repeal the entry for the MMC and insert in the appropriate place:

• ““the CC” means the Competition Commission”;

in regulations 4(4), and (5), 5(3) and (4), 9(2), 10 to 13, 14(1), 15 to 18, 19(1)(a) and (2), 20(6)(b) and (7) to (9), 21(2)(a), (3)(a), (4)(a) and (5), 25, 28(2)(a) and (4)(a) and 30 for “MMC” in each place where it occurs substitute “CC”;

in regulation 16–

in regulation 28(2)(a) after “Part IV of the Airports (Northern Ireland) Order 1994”, insert “Competition Act 1998,”.

in regulation 2 (interpretation) insert after the definition of “annual turnover”:

• ““Commission” means the Competition Commission”;

in the Schedule in the heading to the form of statement to be prepared pursuant to regulation 4(1), for “Monopolies and Mergers Commission” substitute “Competition Commission”.

in paragraph 8(3) of Schedule 14 (consequential exemptions from competition law) for “Monopolies and Mergers Commission” substitute “Competition Commission”.

in article 3 (interpretation) repeal the entry for the Monopolies Commission; and

in articles 15(1) to (3), and (5) to (7)^f2 (modification references to the Monopolies Commission), 16(1) to (4) (reports on modification references), 17(1) (modification following report), 46(2)(b), (3), (5), (6) (functions with respect to competition), 53(1)(a)(ii) and (6) (annual and other reports) and 61(2)(a), (b)(iv) and (5)(a) (general restrictions on disclosure of information) for “Monopolies Commission” in each place in which it occurs substitute “Competition Commission”.

in article 27(1) (interpretation) in the entry for “the Commission” for “Monopolies and Mergers Commission” substitute “Competition Commission”; and

in article 49(3) after sub-paragraph (r) (restrictions on disclosure of information) insert:

“(s)

the Competition Act 1998.”.

The Monopolies and Mergers Commission (Performance of Functions) Order 1989^f1; and

The Monopolies and Mergers Commission (Membership of Groups for Newspaper Merger References) Order 1982^f2.