Search Legislation

Enterprise and Regulatory Reform Act 2013

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: SCHEDULE 14

 Help about opening options

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Enterprise and Regulatory Reform Act 2013, SCHEDULE 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 51(5)

SCHEDULE 14U.K.Regulators: use of powers under the 1998 Act

This schedule has no associated Explanatory Notes

Gas Act 1986 (c. 44)E+W+S

1E+W+SThe Gas Act 1986 is amended as follows.

Commencement Information

I1Sch. 14 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

2(1)Section 28 (orders for securing compliance) is amended as follows.E+W+S

(2)In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

(3)After subsection (4) insert—

(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(4)In subsection (5), omit paragraph (c) and the “or” preceding it.

(5)In subsection (6)—

(a)in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

(b)in paragraph (a), after “that it” insert “ has so decided or ”.

Commencement Information

I2Sch. 14 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

3E+W+SIn section 30A (penalties), for subsection (2) substitute—

(2)Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(2A)The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I3Sch. 14 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Electricity Act 1989 (c. 29)E+W+S

4E+W+SThe Electricity Act 1989 is amended as follows.

Commencement Information

I4Sch. 14 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

5(1)Section 25 (orders for securing compliance) is amended as follows.E+W+S

(2)In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

(3)After subsection (4) insert—

(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(4)In subsection (5), omit paragraph (d) and the “or” preceding it.

(5)In subsection (6)—

(a)in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

(b)in paragraph (a), after “that it” insert “ has so decided or ”.

Commencement Information

I5Sch. 14 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

6E+W+SIn section 27A (penalties), for subsection (2) substitute—

(2)Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(2A)The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I6Sch. 14 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

7E+W+SIn section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Commencement Information

I7Sch. 14 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Water Industry Act 1991 (c. 56)E+W

8E+WThe Water Industry Act 1991 is amended as follows.

Commencement Information

I8Sch. 14 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

9(1)Section 19 (exception to duty to enforce) is amended as follows.E+W

(2)For subsection (1A) substitute—

(1A)Before making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(1B)The Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(3)In subsection (3)—

(a)in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “ has decided that it would be more appropriate to proceed under the Competition Act 1998 ”, and

(b)in paragraph (a), after “satisfied” insert “ or has so decided ”.

Commencement Information

I9Sch. 14 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

10E+WIn section 22A (penalties), for subsection (13) substitute—

(13)Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(14)The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I10Sch. 14 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Railways Act 1993 (c. 43)E+W+S

11E+W+SThe Railways Act 1993 is amended as follows.

Commencement Information

I11Sch. 14 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

12(1)Section 55 (orders for securing compliance) is amended as follows.E+W+S

(2)For subsection (5A) substitute—

(5A)Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(5AA)The Office of Rail Regulation shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(3)In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.

Commencement Information

I12Sch. 14 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

13E+W+SIn section 57A (penalties), for subsection (6) substitute—

(6)Before imposing a penalty under this section, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(7)The Office of Rail Regulation shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I13Sch. 14 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

14E+W+SIn section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Commencement Information

I14Sch. 14 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Transport Act 2000 (c. 38)U.K.

15(1)Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.U.K.

(2)In subsection (1), omit paragraph (b) and the “or” preceding it.

(3)After subsection (5) insert—

(6)Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(7)The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I15Sch. 14 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Communications Act 2003 (c. 21)U.K.

16U.K.The Communications Act 2003 is amended as follows.

Commencement Information

I16Sch. 14 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

17U.K.In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—

(10)Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(10A)OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.

(10B)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

Commencement Information

I17Sch. 14 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

18U.K.In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—

(5)Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(6)OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.

(7)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

Commencement Information

I18Sch. 14 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Postal Services Act 2011 (c. 5)U.K.

19U.K.In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—

4(1)Before giving a notification under paragraph 2, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.

(2)OFCOM must not give a notification under paragraph 2 if they consider that it would be more appropriate to proceed under the Competition Act 1998.

(3)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

Commencement Information

I19Sch. 14 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Health and Social Care Act 2012 (c. 7)E+W

Prospective

F120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F122E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))N.I.

23N.I.In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “ If any question arises as to whether paragraph (2) or (3) applies to any particular case ”.

Commencement Information

I20Sch. 14 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))N.I.

24N.I.The Energy (Northern Ireland) Order 2003 is amended as follows.

Commencement Information

I21Sch. 14 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

25(1)Article 42 (orders for securing compliance) is amended as follows.N.I.

(2)In paragraph (1), for “, (5) and” substitute “ and (5) to ”.

(3)In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.

(4)In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.

(5)After that paragraph insert—

(5A)Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(5B)The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(6)In paragraph (7)—

(a)in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

(b)in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.

Commencement Information

I22Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

26N.I.In article 45 (financial penalties), for paragraph (3) substitute—

(3)Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(3A)The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I23Sch. 14 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))N.I.

27N.I.The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

Commencement Information

I24Sch. 14 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

28(1)Article 31 (exceptions to duty to enforce) is amended as follows.N.I.

(2)In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.

(3)After that paragraph insert—

(1A)Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(1B)The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.

(4)In paragraph (3)—

(a)in the words before sub-paragraph (a)—

(i)for “, (c) or (d)” substitute “ or (c) ”, and

(ii)after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

(b)in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.

Commencement Information

I25Sch. 14 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

29N.I.In article 35 (financial penalties), for paragraph (11) substitute—

(11)Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.

(12)The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Commencement Information

I26Sch. 14 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources