- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Competition Act 1980. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)The Secretary of State may at any time refer to the Commission any question relating to—
(a)the efficiency and costs of,
(b)the service provided by, or
(c)possible abuse of a monopoly situation by,
a person falling within subsection (3) below and specified in the reference, including any question whether, in relation to a matter falling within paragraph (a), (b) or (c) above, the person is pursuing a course of conduct which operates against the public interest.
(2)For the purposes of subsection (1)(c) above “monopoly situation” includes a monopoly situation which is limited to a part of the United Kingdom and, accordingly, for those purposes references to the United Kingdom in sections 6 and 7 of the M1Fair Trading Act 1973 shall be taken to include references to a part of the United Kingdom.
(3)The persons referred to in subsection (1) above are—
(a)any body corporate—
(i)which supplies goods or services by way of business,
(ii)the affairs of which are managed by its members, and
(iii)the members of which hold office as such by virtue of their appointment to that or another office by a Minister under any enactment; or
[F1(aa)any publicly owned railway company, within the meaning of the Railways Act 1993, which supplies network services or station services, within the meaning of Part I of that Act; or]
[F2(b)any person (not falling within paragraph (a) above) who provides in Northern Ireland a bus service within the meaning of section 14 of the Finance Act (Northern Ireland) 1966; or]
[F3(bb)any person who provides a railway passenger service in pursuance of an agreement entered into by London Regional Transport by virtue of [F4section 3(2) or (2A)(a)] of the [F5London Regional Transport Act 1984]; or]
[F6(c)the National Rivers Authority;]
[F8the new water and sewerage authorities, within the meaning of the Local Government etc. (Scotland) Act 1994;]]
F8F8(d)any board administering a scheme under the M2Agricultural Marketing Act 1958 [F9or the M3Agricultural Marketing Act (Northern Ireland) 1964][F10or the Agricultural Marketing (Northern Ireland) Order 1982]; or
(e)any body corporate with a statutory duty to promote and assist the maintenance and development of the efficient supply of any goods or services by a body falling within paragraphs (a) to (d) above; or
(4)The Secretary of State may by order exclude from subsection (3)(b) [F13or (bb)]above persons of such descriptions as may be specified in the order.
(5)No question concerning a person falling within subsection (3)(b) [F14or (bb)]above or a subsidiary of a body falling within [F15that subsection][F15either of those paragraphs]may be referred to the Commission under this section unless it relates to the carriage of passengers by the person or, as the case may be, the subsidiary.
(6)The Secretary of State may at any time by notice given to the Commission vary a reference under this section.
(7)On making a reference under this section or on varying such a reference under subsection (6) above the Secretary of State shall arrange for the reference or, as the case may be, the variation to be published in such manner as he considers most suitable for bringing it to the attention of persons who in his opinion would be affected by it or be likely to have an interest in it.
(8)On a reference under this section the Commission shall investigate and report on any question referred to them but shall exclude from their investigation and report consideration of—
(a)any question relating to the appropriateness of any financial obligations or guidance as to financial objectives (however expressed) imposed on or given to the person in question by or under any enactment, or otherwise by a Minister; F16. . .
F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(9)The provisions mentioned in subsection (9A) are to apply in relation to a reference under this section as if—
(a)the functions of the Competition Commission under this section were functions under the Fair Trading Act 1973;
(b)the expression “merger reference” included a reference to the Commission under this section; and
(c)in paragraph 20(2)(a) of Schedule 7 to the Competition Act 1998, the reference to section 56 of the Fair Trading Act 1973 were a reference to section 12 below.
(9A)The provisions are—
(a)sections 70 (time limit for report on merger), 84 (public interest) and 85 (attendance of witnesses and production of documents) of the Fair Trading Act 1973; and
(b)Part II of Schedule 7 to the Competition Act 1998 (performance of the Competition Commission’s general functions).]
(10)A report of the Commission on a reference under this section shall be made to the Secretary of State and shall state, with reasons, the conclusions of the Commission with respect to any question referred to them and, where the Commission conclude that the person specified in the reference is pursuing a course of conduct which operates against the public interest, the report may include recommendations as to what action (if any) should be taken by the person for the purpose of remedying or preventing what the Commission consider are the adverse effects of that course of conduct.
(11)In this section “Minister” includes a Northern Ireland department and the head of such a department.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: