“director”, in relation to an undertaking, means a person occupying the position of a director in the undertaking (whatever title is given to that position), and if the affairs of an undertaking are managed by its members includes a member of the undertaking;

(d) in the definition “officer” –

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) in sub-paragraph (a), for “entity” there is substituted “undertaking”;

(e) after the definition “relevant competition or regulatory authority” there is inserted –

“relevant information”, in relation to an investigation under Article 26, means information that the Authority considers is, or is likely to be, relevant to that investigation;

3 Article 2 (mergers and acquisitions defined) substituted

For Article 2 there is substituted –

2 Mergers and acquisitions defined

(1) For the purposes of this Law, a merger or acquisition occurs if –

(a) 2 or more undertakings that were previously independent of one another merge;

(b) 1 or more individuals who already control at least 1 undertaking, or 1 or more undertakings, acquire direct or indirect control of the whole or part of another undertaking; or

(i) involves the acquisition of assets that constitute a business to which a turnover can be attributed; but

(ii) does not involve the acquisition of a corporate legal entity.

(2) For the purposes of paragraph (1)(b), a person has control in relation to an undertaking if, by holding securities, rights under a contract or by any other means (either separately or in any combination), they are capable of exercising decisive influence with regard to the activities of the undertaking, in particular by –

(a) ownership of the assets of the undertaking, or the right to use all or part of those assets; or

(b) rights or contracts that enable them to exercise decisive influence on the composition, voting or decisions of the board of directors, committee or other management body of the undertaking.

(3) For the purposes of paragraph (1)(c), “assets” includes goodwill.

(4) The creation of a joint venture that performs all the functions of an autonomous economic entity on a lasting basis constitutes a merger or acquisition within the meaning of paragraph (1)(b), regardless of whether the undertaking to be jointly controlled existed prior to the formation of the joint venture.

(5) The Minister may by Order, after consulting the Authority, prescribe any class of transaction that is not to be treated as a merger or acquisition for the purposes of this Law, despite being described in paragraph (1).

4 Article 10 (block exemptions) amended

In Article 10(5)(f), “(c) or” is deleted.

5 Article 11 (small undertakings exemption) amended

In Article 11(3)(f), “(c) or” is deleted.

6 Article 12 (exemption by Minister on grounds of public policy (Part 2)) amended

In Article 12(1), after “exempt an arrangement” there is inserted “or a class of arrangements”.

7 Article 21A (application for retrospective approval of merger or acquisition) inserted

After Article 21 there is inserted –

21A Application for retrospective approval of merger or acquisition

(1) This Article applies if a person executes a merger or acquisition in breach of Article 20(1).

(2) A person may make an application for retrospective approval of the merger or acquisition, whether or not at the request of the Authority.

(3) Articles 21 and 22 apply in relation to an application for retrospective approval under paragraph (2) as they apply in relation to an application for approval for the purpose of Article 20(1) (with the exception of the requirement as to the timing of the application in Article 21(1)(a)).

8 Article 22 (grant or refusal of approval) amended

In Article 22 –

(a) in paragraph (3) –

(i) in sub-paragraph (b) for “commercial entity” there is substituted “undertaking”;

(ii) in sub-paragraph (c) for “entity” there is substituted “undertaking”;

(b) after paragraph (3) there is inserted –

(3A) The Authority may vary, remove or substitute a condition if –

(a) it has reasonable grounds to believe that there has been a material change in circumstances since the approval was given;

(b) it has reasonable grounds to suspect that the information on which it based its decision to give the approval was incomplete, false or misleading in a material particular; or

(3B) If the Authority makes a decision under paragraph (3A) it must give that decision in writing.

9 Article 22A (power to require application for approval of certain other mergers and acquisitions) inserted

After Article 22 there is inserted –

22A Power to require application for approval of certain other mergers and acquisitions

(1) The Authority may require a person to make an application for approval of a merger or acquisition of a type prescribed by an Order under paragraph (4).

(2) Articles 21 and 22 apply in relation to an application for the purpose of paragraph (1) as they apply in relation to an application for approval for the purpose of Article 20(1) (with the exception of the requirement as to the timing of the application in Article 21(1)(a)).

(3) If an application is not made in relation to a merger or acquisition as required by the Authority under paragraph (1), the Authority may –

(a) consider the merger or acquisition; and

(b) determine whether to grant or refuse approval of the merger or acquisition under Article 22, as if an application had been made.

(4) The Minister may by Order, after consulting the Authority, prescribe types of mergers and acquisitions, other than those prescribed under Article 20(3), for the purposes of paragraph (1).

(5) An Order under paragraph (4) may include –

(a) the test to be applied by the Authority in deciding whether to require a person to make an application under paragraph (1);

(b) the time within which, and the procedure by which, the Authority may require a person to make an application under paragraph (1);

(6) If the Minister consults the Authority under paragraph (4) the Authority must publish the advice it gives to the Minister.

10 Article 23 (exemption by Minister on grounds of public policy (Part 4)) amended

After Article 23(1) there is inserted –

(1A) If the Minister considers it necessary in the interests of public policy, the Minister may attach conditions to an exemption.

(1B) Article 22(3), (3A) and (3B) applies in relation to conditions attached to an exemption under paragraph (1A) as it does in relation to conditions attached to an approval under Article 22(1) as if references to the Authority were references to the Minister.

(1C) The Minister may require a person to provide information and documents relating to the merger or acquisition that the Minister considers is necessary to determine whether to grant an exemption or attach a condition.

(1D) The Minister’s exemption, and any conditions attached to it, must be given in writing.

11 Article 25 (offence of providing false information) amended

In Article 25, for “under Article 21(1)” there is substituted “under Article 21(1), 21A(2) or 22A(1)”.

12 Article 26 (Authority may conduct investigations) amended

In Article 26 –

(a) paragraph (2) is deleted;

(b) paragraph (1) becomes an unnumbered paragraph.

13 Article 27 (general power to require provision of information and documents) amended

In Article 27(1)(a), for “Article 26(1)” there is substituted “Article 26”.

14 Article 28 (power to obtain information stored on a computer) amended

In Article 28 –

(a) in paragraph (1) –

(i) for “Article 26(1)” in both places there is substituted “Article 26”;

(ii) for “information” there is substituted “relevant information”;

(b) in paragraph (2)(c) –

(i) for “information” there is substituted “relevant information”;

(ii) for “Article 20(1)” there is substituted “Article 26”;

(d) in paragraph (5)(a), “or (3)” is deleted.

15 Article 29 (general power to enter premises) amended

In Article 29 –

(a) in paragraph (1), “or is required to carry out an investigation mentioned in Article 26(2)” is deleted;

(b) in paragraph (2), for “information or documents that relate to the breach or intended breach or are required for the purpose of the investigation” there is substituted “relevant information”.

16 Article 30 (entry and search of premises) amended

In Article 30 –

(a) in paragraph (3)(c), for “Article 26(1)” there is substituted “Article 26”;

(b) in paragraph (6) –

(i) in sub-paragraph (b), for “obtain information” there is substituted “obtain relevant information”;

(ii) in sub-paragraph (c), for “documents relevant to the investigation” there is substituted “documents that appear to be relevant to the investigation”;

(iii) in sub-paragraph (d), for “documents relevant to the investigation” there is substituted “documents that appear to be relevant to the investigation”.

17 Article 32 (privilege and self incrimination) amended

In Article 32 –

(a) in the heading, for “self incrimination” there is substituted “self-incrimination”;

(b) in paragraph (4), for “Article 27(4)(b), 28(5)(b) or 55(1)” there is substituted “Article 25, 27(4)(b), 28(5)(b), 54D(8) or 55(1)”.

18 Article 34 (co-operation with competition or regulatory authorities) amended

In Article 34(3)(a), for “Article 26(1)” there is substituted “Article 26”.

19 Part 5A inserted

After Article 34 there is inserted –

Part 5A

Commitments to take or refrain from taking action

34A Authority may accept commitments

(1) This Part applies if the Authority –

(a) has begun an investigation under Article 26 into a suspected breach of Article 8(1) or 16(1); and

(b) has not made a decision under Article 35(2) in relation to the investigation.

(2) For the purpose of addressing the competition concerns it has identified, the Authority may accept a commitment from a person to take action or to refrain from taking action.

(3) The Authority may accept from a person who gave a commitment –

(a) a variation of the commitment, if the Authority is satisfied that the commitment as varied will address its current competition concerns;

(b) a commitment in substitution, if the Authority is satisfied that the substituted commitment will address its current competition concerns.

(4) A commitment –

(a) comes into effect when it is accepted by the Authority; and

(b) remains in effect until –

(i) the expiry date, if any, specified in the commitment;

(ii) another commitment is accepted in substitution for it, under paragraph (3)(b); or

(iii) the person who gave the commitment is released from it under paragraph (5).

(5) The Authority may release a person from their commitment if –

(a) the person requests that the Authority does so; or

(b) the Authority has reasonable grounds to believe that the competition concerns addressed by the commitment no longer exist.

(6) The Authority must publish commitments that are in effect.

(7) Before accepting a commitment, the Authority must –

(a) publish details of the commitment and specify a reasonable period within which representations may be made; and

(b) consider any representations made to it within that period.

(8) Before releasing a person from a commitment, the Authority must –

(a) publish a notice of its intention to release the person from the commitment and specify a reasonable period within which representations may be made; and

(b) consider any representations made to it within that period.

34B Effect of commitment

(1) If the Authority accepts a commitment, it must suspend its investigation under Article 26.

(2) While the investigation is suspended the Authority must not –

(a) make a decision under Article 35(2) in relation to it; or

(b) take action under Article 40 in relation to the matter that was under investigation.

(3) But nothing in paragraph (1) or (2) prevents the Authority from taking action in relation to competition concerns that are not addressed by commitments that it has accepted.

(4) The investigation ceases to be suspended and paragraph (2) ceases to apply if the Authority –

(a) has reasonable grounds to believe that there has been a material change of circumstances since the commitment was accepted;

(b) has reasonable grounds to suspect that the person who gave the commitment has failed to adhere to it; or

(c) has reasonable grounds to suspect that the information on which it accepted the commitment was incomplete, false or misleading in a material particular.

(5) If, as a result of paragraph (4), the Authority makes a decision under Article 35(2) or takes action under Article 40, the person who gave the commitment is treated as being released from it.

20 Article 35 (decisions following an investigation) amended

In Article 35(1), for “Article 26(1)” there is substituted “Article 26”.

21 Article 36 (directions in relation to anti-competitive arrangements) amended

For Article 36(4) there is substituted –

(4) The Authority may impose a financial penalty on the undertaking by notice, in addition to or in place of giving a direction.

22 Article 37 (directions in relation to abuse of dominant position) amended

For Article 37(4) there is substituted –

(4) The Authority may impose a financial penalty on the undertaking by notice, in addition to or in place of giving a direction.

23 Article 38 (directions in relation to mergers and acquisitions) amended

In Article 38 –

(a) in paragraph (2), after “acquisition” there is inserted “, or a condition attached to an exemption under Article 23(1A),”;

(b) in paragraph (4), at the end there is inserted “or the exemption under Article 23(1A) (as the case may be)”;

(7) The Authority may impose a financial penalty on the person by notice, in addition to or in place of giving a direction.

24 Article 38A (directions in relation to commitments) inserted

After Article 38 there is inserted –

38A Directions in relation to commitments

(1) If the Authority decides that a person is in breach of a commitment that was accepted under Article 34A(2) or (3) it may give the person a direction that it considers appropriate to ensure compliance with the commitment.

(2) A direction under this Article must be given in writing.

(3) The Authority may impose a financial penalty on the person by notice, in addition to or in place of giving a direction.

25 Article 39 (financial penalties) amended

In Article 39 –

(a) in paragraph (1) –

(i) for “Article 36(4), 37(4) or 38(7)” there is substituted “Article 36(4), 37(4), 38(7) or 38A(3)”;

(ii) after “the prohibition” there is inserted “or the commitment”;

(b) in paragraph (4), for “An order imposing a penalty on an undertaking” there is substituted “A notice imposing a penalty”;

(d) in paragraph (6)(b) –

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) for “the entity” there is substituted “the undertaking”.

26 Article 40 (interim measures) amended

In Article 40 –

(a) in paragraph (1) –

(i) in sub-paragraph (a), after “or of a direction” there is inserted “under Article 36, 37 or 38”;

(ii) in sub-paragraph (b), after “acquisition” there is inserted “, or a condition attached to an exemption under Article 23(1A),”;

(b) after paragraph (1) there is inserted –

(1A) This Article also applies if the Authority –

(a) has required a person to make an application for approval of a merger or acquisition under Article 22A(1); and

(b) has not made a decision under Article 22 in relation to the merger or acquisition (whether or not an application has been made).

(5) A direction given under this Article –

(a) may be varied by the Authority under Article 40A, and any reference in this Law to a direction given under this Article includes reference to a direction varied under Article 40A; and

(b) has effect until it is revoked under Article 40A;

(d) after paragraph (10) there is inserted –

(11) In a case described in paragraph (1A), a direction given under this Article may, in particular, prohibit the execution or further execution of the merger or acquisition, or prohibit its execution except in accordance with the approval of the Authority.

27 Article 40A (variation and revocation of directions under Article 40) inserted

After Article 40 there is inserted –

40A Variation and revocation of directions under Article 40

(1) The Authority may vary a direction given under Article 40 if –

(a) Article 40(1) or (1A) applies in relation to the subject matter of the direction; and

(b) the direction has not been revoked under paragraph (3) or (4) of this Article.

(2) Paragraphs (2) to (4) and (6) to (11) of Article 40 apply to the variation of a direction under this Article as they apply to the giving of a direction.

(3) The Authority must revoke a direction given under Article 40 if –

(a) Article 40(1) or (1A) no longer applies;

(b) in the case of a breach of Article 20(1), the Authority retrospectively approves the merger or acquisition on an application under Article 21A; or

(4) The Authority must revoke a direction given under Article 40 (other than in a case described in Article 40(1A)) if, and to the extent that –

(a) the concerns addressed by the direction are addressed by a direction given under Article 36, 37 or 38; or

(b) the direction is replaced by a commitment accepted under Article 34A(2) or (3).

(5) If the Authority revokes a direction it must give written notice of the revocation to each person who was notified of the direction under Article 40(6).

28 Article 41 (enforcement of directions) amended

In Article 41 –

(a) in paragraph (1)(b) –

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) for “the entity” there is substituted “the undertaking”;

(b) in paragraph (2)(b) –

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) for “the entity” there is substituted “the undertaking”.

29 Article 47 (evidence of behaviour admissible) amended

In Article 47(2), for “a commercial entity” there is substituted “an undertaking”.

30 Article 51 (civil action) amended

In Article 51 –

(a) for the heading there is substituted “Civil liability for breach of duty”;

(b) in paragraph (4) –

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) for “the entity” in both places it occurs, there is substituted “the undertaking”;

(i) for “a commercial entity” there is substituted “an undertaking”;

(ii) for “the entity” in both places it occurs, there is substituted “the undertaking”;

(d) after paragraph (7) there is inserted –

(7A) A final decision that a person has breached a duty imposed by this Law may be relied on in an action under this Article as establishing that the breach occurred.

(7B) For the purposes of paragraph (7A) a final decision is –

(a) a decision by the Authority described in Article 53(1)(a), where no appeal is made against the decision within the time specified in Article 53(2); or

(b) a decision of the Court on an appeal under Article 53(2).

31 Article 53 (appeals) amended

In Article 53(1)(c), for “in accordance with Article 36(4), 37(4) or 38(7)” there is substituted “under Article 36(4), 37(4), 38(7), 38A(3) or 54D(3)”.

32 Article 54 (service of notices) amended

In Article 54 –

(a) in paragraph (3) –

(i) for “a partnership, an unincorporated association or a commercial entity” there is substituted “an undertaking”;

(ii) in sub-paragraphs (a) and (b), for “partnership, association or entity” there is substituted “undertaking”;

(b) in paragraph (5), for “partnership, association or entity” there is substituted “undertaking”.

33 Part 9A inserted

After Article 54 there is inserted –

Part 9A

Market studies

54A Authority to carry out market studies

(1) The Authority may carry out a market study on its own initiative if it is satisfied that it is in the public interest to do so.

(2) The Minister may require the Authority to carry out a market study if the Minister is satisfied that it is in the public interest for it to do so.

(3) In determining whether it is in the public interest for the Authority to carry out a market study, the decision-maker –

(a) must have regard to the need to promote competition in the supply of goods and services in Jersey; and

(b) may have regard to any other matter the decision-maker considers relevant, including whether –

(i) the market in question is of strategic importance to the economy or consumers in Jersey;

(ii) there are indications that the market in question is not working as competitively as it could;

(iii) it is likely that there will be viable solutions to any issues identified by the market study;

(iv) a market study is the most appropriate method to assess whether there are competition problems in the market;

(v) the Authority is best placed to carry out the study.

(4) In this Part, “market study” means a study of factors that may affect competition for the supply or acquisition of goods or services in Jersey.

54B Notice of proposed market study

(1) Before carrying out a market study on its own initiative, the Authority must publish a notice that –

(a) sets out the terms of reference of the market study; and

(b) specifies the date by which the Authority will publish its report.

(2) The Authority may vary or revoke a notice published under paragraph (1) by publishing a notice to that effect.

(3) Before requiring the Authority to carry out a market study, the Minister must publish a notice that complies with sub-paragraphs (a) and (b) of paragraph (1).

(4) The Minister may vary or revoke a notice published under paragraph (3) by publishing a notice to that effect.

(5) Before publishing a notice under paragraph (3) or (4), the Minister must consult the Authority about the notice.

54C Terms of reference

(1) The terms of reference of a market study must –

(a) specify the goods and services to which the market study relates; and

(b) describe the scope of the market study.

(2) The terms of reference may include –

(a) in the case of a market study carried out on its own initiative, the name of a person the Authority intends to consult as part of the market study; and

(b) in the case of a market study required by the Minister, the name of a person the Minister requires the Authority to consult as part of the market study.

(3) The Authority must carry out a market study in accordance with its terms of reference but may include in the scope of the market study other matters that are related to, but not mentioned in, the terms of reference if it is satisfied it is in the public interest to do so.

54D Power to require provision of information and documents

(1) Paragraph (2) applies if –

(a) it appears to the Authority that a person is in possession of information or documents that are, or are likely to be, relevant to a market study; and

(b) the Authority considers that it is desirable for it to have the information or documents for the purposes of carrying out the market study.

(2) The Authority may serve a written notice on the person, requiring them –

(a) to provide the information or documents to the Authority within a time specified in the notice; and

(b) to answer questions relating to the information or documents, either as soon as reasonably practicable or at a time and place specified in the notice.

(3) If a person fails without reasonable excuse to comply with a notice served on them under paragraph (2), the Authority may impose a financial penalty on them by notice.

(4) A financial penalty imposed under paragraph (3) –

(a) must be an amount that the Authority considers appropriate;

(b) may be a fixed amount, an amount calculated by reference to a daily rate, or a combination of a fixed amount and an amount calculated by reference to a daily rate;

(d) may not be calculated by reference to a daily rate that exceeds £1,000.

(5) In imposing a penalty calculated by reference to a daily rate on a person –

(a) the Authority must not take account of any day before the day on which the notice is served on the person under paragraph (2);

(b) if the person complies with the notice served on them under paragraph (2), the amount payable must not accumulate on or after the day they comply.

(6) The States may by Regulations amend the maximum amounts specified in paragraph (4)(c) and (d).

(7) Article 39(4) to (7) applies in relation to a financial penalty imposed on a person under paragraph (3) as it applies to a financial penalty imposed on a person under Article 36(4), 37(4), 38(7) or 38A(3).

(8) A person commits an offence and is liable to a fine if without reasonable excuse they knowingly or recklessly provide information in response to the notice that is false, misleading or incomplete.

54E Market study report

(1) The Authority must prepare a written report that records its findings from the market study.

(2) The Authority may make recommendations in the report.

(3) Before finalising a report, the Authority must –

(a) publish a draft of the report;

(b) allow a reasonable time for comments on the draft, which must be no less than 6 weeks; and

(4) The Authority must –

(a) provide the final report to the Minister; and

(b) publish the final report not less than 5 working days after it is provided to the Minister.

(5) As soon as reasonably practicable after receiving the final report, the Minister must publish their response to it.

(6) In paragraph (4)(b), “working day” means a day that is not –

(a) a Saturday or Sunday, Christmas Day or Good Friday;

(b) specified as a public holiday in the Schedule to the Public Holidays and Bank Holidays (Jersey) Act 2010; or

34 Article 55 (offence of supplying false information) amended

In Article 55 –

(a) for paragraph (1) there is substituted –

(1) A person (“P”) commits an offence if P –

(a) knowingly or recklessly provides the Authority, or any other person entitled to information under this Law, with information that is false or misleading in a material particular; and

(b) provides the information in circumstances in which P intends the information to be used, or could reasonably be expected to know the information would be used, by the Authority or any other person to exercise a function under this Law.

(b) in paragraph (2), for “guilty of an offence under paragraph (1) shall be liable” there is substituted “who commits an offence under paragraph (1) is liable”.

35 Article 56 (responsibility) amended

In Article 56(1) –

(a) for “a commercial entity” there is substituted “an undertaking”;

(b) for “the entity” in both places it occurs, there is substituted “the undertaking”.

36 Article 58 (power to amend enactments by Regulations) amended

In Article 58, before paragraph (1) there is inserted –

(A1) The States may by Regulations amend any provision of this Law (other than this Article) to make alternative or supplementary provision that appears to the States to be appropriate.

(B1) Paragraph (A1) does not limit any other power to amend this Law by Regulations.

37 Minor amendments

The Schedule contains minor amendments.

38 Citation and commencement

This Law may be cited as the Competition (Jersey) Amendment Law 202- and comes into force on a day to be specified by the Minister by Order.

Schedule

(Article 37)

Minor amendments

Amendments for consistency with current drafting practice

(1) In Article 9(3) and (6), for “shall” there is substituted “must”.

(2) In Article 10(2), for “shall, in particular, advise him or her” there is substituted “must, in particular, advise the Minister”.

(3) In Article 12 –

(a) in paragraph (2), for “shall not do so” there is substituted “must not exempt an arrangement”;

(b) in paragraph (3)(b), for “his or her” there is substituted “their”.

(4) In Article 18 –

(a) in paragraph (2), for “shall not do so” there is substituted “must not exempt an undertaking”;

(b) in paragraph (3)(b), for “his or her” there is substituted “their”.

(5) In Article 20 –

(a) in paragraph (2)(a) and (b), for “shall” there is substituted “does”;

(b) in paragraph (3), for “shall apply” there is substituted “applies”.

(6) In Article 22(3), for “shall be” there is substituted “are”.

(7) In Article 23 –

(a) in paragraph (2), for “shall not do so” there is substituted “must not give an exemption”;

(b) in paragraph (3)(b), for “his or her” there is substituted “their”.

(8) In Article 25, for “shall be guilty of an offence and liable” there is substituted “commits an offence and is liable”.

(9) In Article 27 –

(a) in paragraph (4), for “is guilty of an offence and liable” there is substituted “commits an offence and is liable”;

(b) in paragraph (5), for “shall be a defence” there is substituted “is a defence”.

(10) In Article 28 –

(a) in paragraph (5), for “is guilty of an offence and liable” there is substituted “commits an offence and is liable”;

(b) in paragraph (6), for “shall be a defence” there is substituted “is a defence”.

(11) In Article 29 –

(a) in paragraph (3) –

(i) for “shall” there is substituted “must”;

(ii) for “his or her” there is substituted “their”;

(b) in paragraph (5)(b), for “his or her” there is substituted “their”.

(12) In Article 31 –

(a) in paragraph (2)(a), for “his or her” there is substituted “their”;

(b) in paragraph (3) –

(i) in sub-paragraph (a), for “him or her” there is substituted “them”;

(ii) for “shall be guilty of an offence and liable” there is substituted “commits an offence and is liable”;

(13) In Article 33(2) –

(a) for “shall be guilty of an offence and liable” there is substituted “commits an offence and is liable”;

(b) for “he or she” there is substituted “they”;

(c) in sub-paragraph (a), for “falsifies, conceals, destroys or otherwise disposes” there is substituted “falsify, conceal, destroy or otherwise dispose”;

(d) in sub-paragraph (b), for “causes or permits” there is substituted “cause or permit”.

(14) In Article 34(4), for “shall” there is substituted “must”.

(15) In Article 38(4), for “shall have effect” there is substituted “has effect”.

(16) In Article 39(7), for “shall” there is substituted “must”.

(17) In Article 42(1), for “has been guilty of an offence” there is substituted “has committed an offence”.

(18) In Article 43 –

(a) in paragraph (6), for “shall be” there is substituted “is to be”;

(b) in paragraph (8), for “shall” there is substituted “must”.

(19) In Article 44(2) –

(a) for “shall be guilty of an offence and liable” there is substituted “commits an offence and is liable”;

(b) for “he or she discloses” there is substituted “they disclose”.

(20) In Article 48(4), for “his or her” there is substituted “their”.

(21) In Article 49 –

(a) in paragraphs (2), (3), (4), (5), (7) and (9), for “shall be” there is substituted “is”;

(b) in paragraph (6) –

(i) for “he or she” there is substituted “they”;

(ii) for “his or her” there is substituted “their”;

(22) In Article 50 –

(a) in paragraphs (5) and (7)(a) and (c), for “shall be” there is substituted “is”;

(b) in paragraph (6), for “shall” there is substituted “must”;

(d) in paragraph (7)(c), for “himself or herself” there is substituted “themself”.

(23) In Article 52, for “shall” there is substituted “must”.

(24) In Article 54(5), for “shall be” there is substituted “is”.

(25) In Article 56 –

(a) in paragraphs (1) and (2), for “shall also be guilty of the offence and liable” there is substituted “also commits the offence and is liable”;

(b) in paragraph (4), for “shall apply” there is substituted “applies”.

(26) In Article 57(2) and (3), for “shall” there is substituted “must”.

(27) In Article 59 –

(a) in paragraphs (1) and (2), for “shall” there is substituted “must”;

(b) in paragraph (4), for “shall be taken to include” there is substituted “is treated as including”.

(28) In Article 60, for “shall” there is substituted “must”.

(29) In Article 61 –

(a) in paragraph (1), for “shall” there is substituted “must”;

(b) in paragraph (2), for “he or she” there is substituted “the Minister”.

(30) In Article 62(2), for “shall be taken to have been made” there is substituted “is treated as having been made”.

Page Last Updated: 12 Nov 2025

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Competition (Jersey) Amendment Law 202-