The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014

Transport Act 2000

151.—(1) Section 18 (sections 15 and 16: general)(1) is amended as follows.

(2) In subsection (6), after “subsections” insert “(6A),”.

(3) After subsection (6), insert—

“(6A) Section 109 shall, in its application by virtue of subsection (6), have effect as if—

(a) for subsection (A1), there were substituted—

“(A1) For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an investigation for the purposes of the exercise of its functions under section 15 or 16 of the Transport Act 2000.”, and

(b) subsection (8A) were omitted.”

(4) In subsection (7)—

(a) at the end of paragraph (a), omit “and”,

(b) for paragraph (b), substitute—

“(b) after subsection (3), there were inserted—

“(3A) No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication by the CMA of a notice under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction has been given by the CMA under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and”.

(1)

Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments but none is relevant to this Order.