5.—(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs [F1(1A),](2) and (3), for the purposes of references under paragraph 3 as they apply for the purposes of references under that Part—N.I.
(a)section 109 (attendance of witnesses and production of documents etc.);
(b)section 110 (enforcement of powers under section 109: general);
(c)section 111 (penalties);
(d)section 112 (penalties: main procedural requirements);
(e)section 113 (payments and interest by instalments);
(f)section 114 (appeals in relation to penalties);
(g)section 115 (recovery of penalties); and
(h)section 116 (statement of policy).
[F2(1A) Section 109 shall, in its application by virtue of sub-paragraph (1), 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 a reference under paragraph 3 of Schedule 2 to the Energy (Northern Ireland) Order 2003.”, and
(b)subsection (8A) were omitted.]
(2) Section 110 shall, in its application by virtue of sub-paragraph (1), have effect as if—
(a)subsection (2) were omitted; F3. . .
[F4(aa)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 of the report of the CMA on the reference concerned; 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]
(b)in subsection (9) the words from “or section” to “section 65(3))” were omitted.
[F5(3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—
“(ii)if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.]
(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the [F6CMA] in connection with references under paragraph 3 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2),[F7 for the words “, OFCOM or the Secretary of State” there were substituted “or OFCOM”].
(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4), have effect in relation to those sections as applied by virtue of those sub-paragraphs.
(6) Accordingly, corresponding provisions of this Order, the Electricity Order or the Gas Order shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.
F1Word in Sch. 2 para. 5(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 243(2) (with art. 3, Sch. 2 para. 2 Table)
F2Sch. 2 para. 5(1A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 243(3) (with art. 3, Sch. 2 para. 2 Table)
F3Word in Sch. 2 para. 5(2)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 243(4)(a) (with art. 3, Sch. 2 para. 2 Table)
F4Sch. 2 para. 5(2)(aa) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 243(4)(b) (with art. 3, Sch. 2 para. 2 Table)
F5Sch. 2 para. 5(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 2, Sch. 1 para. 243(5) (with art. 3, Sch. 2 para. 2 Table)
F6Word in Sch. 2 para. 5(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(7)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Words in Sch. 2 para. 5(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 26(4), 103(3), Sch. 6 para. 170(7)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)