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Enterprise Act 2002

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SCHEDULES

Section 1

SCHEDULE 1E+W+S+N.I.The Office of Fair Trading

MembershipE+W+S+N.I.

1(1)The OFT shall consist of a chairman and no fewer than four other members, appointed by the Secretary of State.

(2)The Secretary of State shall consult the chairman before appointing any other member.

Terms of appointment, remuneration, pensions etc.E+W+S+N.I.

2(1)Subject to this Schedule, the chairman and other members shall hold and vacate office in accordance with the terms of their respective appointments.

(2)The terms of appointment of the chairman and other members shall be determined by the Secretary of State.

3(1)An appointment of a person to hold office as chairman or other member shall be for a term not exceeding five years.E+W+S+N.I.

(2)A person holding office as chairman or other member—

(a)may resign that office by giving notice in writing to the Secretary of State; and

(b)may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

(3)A previous appointment as chairman or other member does not affect a person’s eligibility for appointment to either office.

4(1)The OFT shall pay to the chairman and other members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.E+W+S+N.I.

(2)The OFT shall, if required to do so by the Secretary of State—

(a)pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who holds or has held office as chairman or other member; or

(b)make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3)If, where any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the OFT shall pay to him such amount by way of compensation as the Secretary of State may determine.

StaffE+W+S+N.I.

5(1)The Secretary of State shall, after consulting the chairman, appoint a person (who may, subject to sub-paragraph (2), also be a member of the OFT) to act as chief executive of the OFT on such terms and conditions as the Secretary of State may think appropriate.

(2)A person appointed as chief executive after the end of the transitional period may not at the same time be chairman.

(3)In sub-paragraph (2) “the transitional period” means the period of two years beginning with the day on which this paragraph comes into force.

6The OFT may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such other staff as it may determine.

Membership of committees or sub-committees of OFTE+W+S+N.I.

7The members of a committee or sub-committee of the OFT may include persons who are not members of the OFT (and a sub-committee may include persons who are not members of the committee which established it).

Proceedings etc.E+W+S+N.I.

8(1)The OFT may regulate its own procedure (including quorum).

(2)The OFT shall consult the Secretary of State before making or revising its rules and procedures for dealing with conflicts of interest.

(3)The OFT shall from time to time publish a summary of its rules and procedures for dealing with conflicts of interest.

9The validity of anything done by the OFT is not affected by a vacancy among its members or by a defect in the appointment of a member.

10(1)The application of the seal of the OFT shall be authenticated by the signature of—E+W+S+N.I.

(a)any member; or

(b)some other person who has been authorised for that purpose by the OFT, whether generally or specially.

(2)Sub-paragraph (1) does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

11A document purporting to be duly executed under the seal of the OFT, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Performance of functionsE+W+S+N.I.

12(1)Anything authorised or required to be done by the OFT (including exercising the power under this paragraph) may be done by—

(a)any member or employee of the OFT who is authorised for that purpose by the OFT, whether generally or specially;

(b)any committee of the OFT which has been so authorised.

(2)Sub-paragraph (1)(b) does not apply to a committee whose members include any person who is not a member or employee of the OFT.

Supplementary powersE+W+S+N.I.

13The OFT has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

Parliamentary Commissioner Act 1967 (c. 13)E+W+S+N.I.

14In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), there is inserted at the appropriate place—

Office of Fair Trading.

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

15In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Office of Fair Trading.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

16In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Office of Fair Trading.

Section 12

SCHEDULE 2E+W+S+N.I.The Competition Appeal Tribunal

Appointment, etc. of President and chairmenE+W+S+N.I.

1(1)A person is not eligible for appointment as President unless—

[F1(a)he satisfies the judicial-appointment eligibility condition on a 7-year basis;]

(b)he is an advocate or solicitor in Scotland of at least [F27] years’ standing; or

(c)he is a member of the Bar of Northern Ireland or [F3solicitor of the Court of Judicature of Northern Ireland] of at least [F47] years’ standing;

and he appears to the Lord Chancellor to have appropriate experience and knowledge of competition law and practice.

(2)A person is not eligible for appointment as a chairman unless—

[F5(a)he satisfies the judicial-appointment eligibility condition on a 5-year basis;]

(b)he is an advocate or solicitor in Scotland of at least [F65] years’ standing; or

(c)he is a member of the Bar of Northern Ireland or [F3solicitor of the Court of Judicature of Northern Ireland] of at least [F75] years’ standing;

and he appears to the Lord Chancellor to have appropriate experience and knowledge (either of competition law and practice or any other relevant law and practice).

(3)Before appointing an advocate or solicitor in Scotland under this paragraph, the Lord Chancellor must consult the Lord President of the Court of Session.

F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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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.

Amendments (Textual)

F2Word in Sch. 2 para. 1(1)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 36(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F4Word in Sch. 2 para. 1(1)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 36(2)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F6Word in Sch. 2 para. 1(2)(b) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 36(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F7Word in Sch. 2 para. 1(2)(c) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 10 para. 36(3)(b); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

2(1)The members appointed as President or as chairmen shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.E+W+S+N.I.

(2)A person may not be a chairman for more than 8 years (but this does not prevent a temporary re-appointment for the purpose of continuing to act as a member of the Tribunal as constituted for the purposes of any proceedings instituted before the end of his term of office).

(3)The President and the chairmen may resign their offices by notice in writing to the Lord Chancellor.

(4)The Lord Chancellor may remove a person from office as President or chairman on the ground of incapacity or misbehaviour.

[F9(5)The Lord Chancellor may remove a person from office as President under sub-paragraph (4) only with the concurrence of all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(6)The Lord Chancellor may remove a person from office as chairman under sub-paragraph (4) only with the concurrence of the appropriate senior judge.

(7)The appropriate senior judge is the Lord Chief Justice of England and Wales, unless—

(a)the person to be removed exercises functions wholly or mainly in Scotland, in which case it is the Lord President of the Court of Session, or

(b)the person to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.]

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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.

Amendments (Textual)

3If the President is absent or otherwise unable to act the Lord Chancellor may appoint as acting President any person qualified for appointment as a chairman.

Appointment, etc. of ordinary membersE+W+S+N.I.

4(1)Ordinary members shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions.

(2)A person may not be an ordinary member for more than 8 years (but this does not prevent a temporary re-appointment for the purpose of continuing to act as a member of the Tribunal as constituted for the purposes of any proceedings instituted before the end of his term of office).

(3)An ordinary member may resign his office by notice in writing to the Secretary of State.

(4)The Secretary of State may remove a person from office as an ordinary member on the ground of incapacity or misbehaviour.

Remuneration etc. for membersE+W+S+N.I.

5(1)The Competition Service shall pay to the President, the chairmen and the ordinary members such remuneration (whether by way of salaries or fees), and such allowances, as the Secretary of State may determine.

(2)The Competition Service shall, if required to do so by the Secretary of State—

(a)pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who holds or has held office as President, a chairman or an ordinary member; or

(b)make such payments as may be so determined towards provision for the payment of a pension, allowance or gratuities to or in respect of such a person.

Compensation for loss of officeE+W+S+N.I.

6If, where any person ceases to hold office as President, a chairman or ordinary member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Competition Service shall pay to him such amount by way of compensation as the Secretary of State may determine.

Staff, accommodation and propertyE+W+S+N.I.

7Any staff, office accommodation or equipment required for the Tribunal shall be provided by the Competition Service.

MiscellaneousE+W+S+N.I.

8The President must arrange such training for members of the Tribunal as he considers appropriate.

9In this Schedule “chairman” and “ordinary member” mean respectively a member of the panel of chairmen, or a member of the panel of ordinary members, appointed under section 12.

10In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Competition Appeal Tribunal.

11In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Competition Appeal Tribunal.

Section 13

SCHEDULE 3E+W+S+N.I.The Competition Service

Part 1 E+W+S+N.I.Constitution etc.

Membership of the ServiceE+W+S+N.I.

1(1)The Service shall consist of—

(a)the President of the Competition Appeal Tribunal;

(b)the Registrar of the Competition Appeal Tribunal; and

(c)one or more appointed members.

(2)An appointed member shall be appointed by the Secretary of State after consulting the President.

Chairman of ServiceE+W+S+N.I.

2(1)Subject to sub-paragraph (2), the members shall choose one of their number to be chairman of the Service.

(2)The Secretary of State shall designate one of the members to be the first chairman of the Service for such period as the Secretary of State may determine.

Appointed membersE+W+S+N.I.

3An appointed member shall hold and vacate office in accordance with the terms of his appointment (and is eligible for re-appointment).

Allowances, etc. for membersE+W+S+N.I.

4(1)The Service shall pay—

(a)such travelling and other allowances to its members, and

(b)such remuneration to any appointed member,

as may be determined by the Secretary of State.

(2)The Service shall, if required to do so by the Secretary of State—

(a)pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who holds or has held office as an appointed member; or

(b)make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

5If, where any person ceases to hold office as an appointed member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Service shall pay to him such amount by way of compensation as the Secretary of State may determine.

StaffE+W+S+N.I.

6(1)The Service may, with the approval of the Secretary of State as to numbers and terms and conditions of service, appoint such staff as it may determine.

(2)The persons to whom section 1 of the Superannuation Act 1972 (c. 11) (persons to or in respect of whom benefits may be provided by schemes under that section) applies shall include the staff of the Service.

(3)The Service shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

ProcedureE+W+S+N.I.

7(1)The Service may regulate its own procedure (including quorum).

(2)The validity of anything done by the Service is not affected by a vacancy among its members or by a defect in the appointment of a member.

8(1)The application of the seal of the Service shall be authenticated by the signature of—E+W+S+N.I.

(a)any member; or

(b)some other person who has been authorised for that purpose by the Service, whether generally or specially.

(2)Sub-paragraph (1) does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

9A document purporting to be duly executed under the seal of the Service, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

The Service’s powersE+W+S+N.I.

10The Service has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

AccountsE+W+S+N.I.

11(1)The Service shall keep proper accounts and proper records in relation to its accounts.

(2)In performing that duty the Service shall, in addition to accounts and records relating to its own activities (including the services provided to the Tribunal), keep separate accounts and separate records in relation to the activities of the Tribunal.

12(1)The Service shall—E+W+S+N.I.

(a)prepare a statement of accounts in respect of each of its financial years; and

(b)prepare a statement of accounts for the Tribunal for each of its financial years.

(2)The Service must send copies of the accounts required by sub-paragraph (1) to the Secretary of State and to the Comptroller and Auditor General before the end of August following the financial year to which they relate.

(3)Those accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the information to be contained in them;

(b)the manner in which that information is to be presented; and

(c)the methods and principles according to which they are to be prepared.

(4)The Comptroller and Auditor General shall—

(a)examine, certify and report on each statement of accounts received by him; and

(b)lay copies of each statement before Parliament.

(5)In this paragraph “financial year” means the period of 12 months ending with 31st March.

Part 2 E+W+S+N.I.Transfers of property etc. between the Commission and the Service

13(1)The Secretary of State may make one or more schemes for the transfer to the Service of defined property, rights and liabilities of the Commission (including rights and liabilities relating to contracts of employment).E+W+S+N.I.

(2)A scheme may define the property, rights and liabilities to be transferred by specifying or describing them or by referring to all (or all except anything specified or described) of the property, rights and liabilities comprised in a specified part of the undertaking of the transferor.

(3)The property, rights and liabilities which may be transferred include any that would otherwise be incapable of being transferred or assigned.

(4)A scheme may include supplementary, incidental, transitional and consequential provision.

14(1)On the day appointed by a scheme under paragraph 13, the property, rights and liabilities which are the subject of the scheme shall, by virtue of this sub-paragraph, be transferred in accordance with the provisions of the scheme.E+W+S+N.I.

(2)If, after that day, the Commission and the Service so agree in writing, the scheme shall for all purposes be deemed to have come into force on that day with such modification as may be agreed.

(3)An agreement under sub-paragraph (2) may, in connection with giving effect to modifications to the scheme, include supplemental, incidental, transitional and consequential provision.

15The transfer by paragraph 14(1) of the rights and liabilities relating to an individual’s contract of employment does not break the continuity of his employment and, accordingly—

(a)he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 as having been dismissed by virtue of the transfer; and

(b)his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

16(1)Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 14(1) which is in effect immediately before it is transferred shall be treated as if done by or in relation to the transferee.E+W+S+N.I.

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3)A reference to the transferor in any document relating to anything so transferred shall be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4)A transfer under paragraph 14(1) does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Part 3 E+W+S+N.I.Miscellaneous

17In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Competition Service.

18In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Competition Service.

Sections 14 and 15

SCHEDULE 4E+W+S+N.I.Tribunal: procedure

Part 1 E+W+S+N.I.General

Decisions of the TribunalE+W+S+N.I.

1(1)A decision of the Tribunal in any proceedings before it must—

(a)state the reasons for the decision and whether it was unanimous or taken by a majority;

(b)be recorded in a document signed and dated by the chairman of the Tribunal dealing with the proceedings.

(2)In preparing that document the Tribunal shall have regard to the need for excluding, so far as practicable—

(a)information the disclosure of which would in its opinion be contrary to the public interest;

(b)commercial information the disclosure of which would or might, in its opinion, significantly harm the legitimate business interests of the undertaking to which it relates;

(c)information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm his interests.

(3)But the Tribunal shall also have regard to the extent to which any disclosure mentioned in sub-paragraph (2) is necessary for the purpose of explaining the reasons for the decision.

(4)The President shall make such arrangements for the publication of the decisions of the Tribunal as he considers appropriate.

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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.

Modifications etc. (not altering text)

C1Sch. 4 para. 1(2)(b) modified (25.7.2003 for certain purposes, 29.12.2003 for certain further purposes) by Communications Act 2003 (c. 21), ss. 195(8), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

Sch. 4 para. 1(2)(b) modified (29.12.2003) by Communications Act 2003 (c. 21), ss. 294(1), 411(2)(3), Sch. 11 para. 10(7) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

Enforcement of decisions in Great BritainE+W+S+N.I.

2If a decision of the Tribunal is registered in England and Wales in accordance with rules of court or any practice direction—

(a)payment of damages which are awarded by the decision;

(b)costs or expenses awarded by the decision; and

(c)any direction given as a result of the decision,

may be enforced by the High Court as if the damages, costs or expenses were an amount due in pursuance of a judgment or order of the High Court, or as if the direction were an order of the High Court.

3If a decision of the Tribunal awards damages, costs or expenses, or results in any direction being given, the decision may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly.

4Subject to rules of court or any practice direction, a decision of the Tribunal may be registered or recorded for execution—

(a)for the purpose of enforcing a direction given as a result of the decision, by the Registrar of the Tribunal or a person who was a party to the proceedings;

(b)for the purpose of enforcing a decision to award damages, costs or expenses (other than a decision to which paragraph (c) applies), by the person to whom the sum concerned was awarded; and

(c)for the purpose of enforcing a decision to award damages which is the subject of an order under section 47B(6) of the 1998 Act, by the specified body concerned.

Enforcement of decisions in Northern IrelandE+W+S+N.I.

5(1)A decision of the Tribunal may be enforced in Northern Ireland with the leave of the High Court in Northern Ireland—

(a)in the case of a direction given as a result of the decision, by the Registrar of the Tribunal or a person who was a party to the proceedings;

(b)for the purpose of enforcing a decision to award damages, costs or expenses (other than a decision to which paragraph (c) applies), by the person to whom the sum concerned was awarded; and

(c)for the purpose of enforcing a decision to award damages which is the subject of an order under section 47B(6) of the 1998 Act, by the specified body concerned.

(2)For the purpose of enforcing in Northern Ireland a decision to award damages, costs or expenses—

(a)payment may be enforced as if the damages, costs or expenses were an amount due in pursuance of a judgment or order of the High Court in Northern Ireland; and

(b)a sum equal to the amount of damages, costs or expenses shall be deemed to be payable under a money judgment within the meaning of Article 2(2) of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (and the provisions of that Order apply accordingly).

(3)For the purpose of enforcing in Northern Ireland a direction given as a result of a decision of the Tribunal, the direction may be enforced as if it were an order of the High Court in Northern Ireland.

MiscellaneousE+W+S+N.I.

6A decision of the Tribunal in proceedings under section 47B of the 1998 Act which—

(a)awards damages to an individual in respect of a claim made or continued on his behalf (but is not the subject of an order under section 47B(6)); or

(b)awards costs or expenses to an individual in respect of proceedings in respect of a claim made under section 47A of that Act prior to its being continued on his behalf in the proceedings under section 47B,

may only be enforced by the individual concerned with the permission of the High Court or Court of Session.

7An award of costs or expenses against a specified body in proceedings under section 47B of the 1998 Act may not be enforced against any individual on whose behalf a claim was made or continued in those proceedings.

8In this Part of this Schedule any reference to damages includes a reference to any sum of money (other than costs or expenses) which may be awarded in respect of a claim made under section 47A of the 1998 Act or included in proceedings under section 47B of that Act.

Part 2E+W+S+N.I.Tribunal rules

GeneralE+W+S+N.I.

9In this Schedule “the Tribunal”, in relation to any proceedings before it, means the Tribunal as constituted (in accordance with section 14) for the purposes of those proceedings.

10Tribunal rules may make different provision for different kinds of proceedings.

Institution of proceedingsE+W+S+N.I.

[F1010A(1)Tribunal rules may make provision as to proceedings on an application for a warrant under section 194 of this Act or section 28, 28A, 62, 62A, 63, 65G or 65H of the 1998 Act, including provision—

(a)for the Tribunal dealing with the proceedings to consist only of the President or a member of the panel of chairmen;

(b)as to the manner in which the proceedings are to be conducted, including provision—

(i)for such applications to be determined without a hearing;

(ii)in cases where there is a hearing, for it to be held in private if the Tribunal considers it appropriate because it is considering information of a kind mentioned in paragraph 1(2);

(c)as to the persons entitled to be heard in such proceedings (where there is a hearing);

(d)for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses;

(e)as to the evidence which may be required or admitted and the extent to which it should be oral or written;

(f)allowing the Tribunal to fix time-limits with respect to any aspect of the proceedings and to extend any time-limit (before or after its expiry).

(2)Paragraphs 2 to 8, and 11 to 17, of this Schedule do not apply in relation to the institution or conduct of proceedings for a warrant mentioned in sub-paragraph (1).]

11(1)Tribunal rules may make provision as to the period within which and the manner in which proceedings are to be brought.

(2)That provision may, in particular—

(a)provide for time limits for making claims to which section 47A of the 1998 Act applies in proceedings under section 47A or 47B;

(b)provide for the Tribunal to extend the period in which any particular proceedings may be brought; and

(c)provide for the form, contents, amendment and acknowledgement of the documents by which proceedings are to be instituted.

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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.

Amendments (Textual)

F10Sch. 4 para. 10A inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 48(5), 103(1)(i)(3)

12Tribunal rules may provide for the Tribunal to reject any proceedings (other than proceedings under section 47A or 47B of the 1998 Act) if it considers that—

(a)the person instituting them does not have a sufficient interest in the decision with respect to which the proceedings are brought; or

(b)the document by which he institutes them discloses no valid grounds for bringing them.

13Tribunal rules may provide for the Tribunal—

(a)to reject the whole of any proceedings under section 47B of the 1998 Act if it considers that the person bringing the proceedings is not entitled to do so or that the proceedings do not satisfy the requirements of section 47B(1);

(b)to reject any claim which is included in proceedings under section 47B if it considers that—

(i)the claim is not a consumer claim (within the meaning of section 47B(2)) which may be included in such proceedings; or

(ii)the individual concerned has not consented to its being made or continued on his behalf in such proceedings; or

(c)to reject any claim made under section 47A of the 1998 Act or included in proceedings under section 47B of that Act if it considers that there are no reasonable grounds for making it.

14Tribunal rules may provide for the Tribunal to reject any proceedings if it is satisfied that the person instituting the proceedings has habitually and persistently and without any reasonable ground—

(a)instituted vexatious proceedings (whether against the same person or against different persons); or

(b)made vexatious applications in any proceedings.

15Tribunal rules must ensure that no proceedings are rejected without giving the parties the opportunity to be heard.

Pre-hearing reviews and preliminary mattersE+W+S+N.I.

16(1)Tribunal rules may make provision for the carrying out by the Tribunal of a preliminary consideration of proceedings (a “pre-hearing review”).

(2)That provision may include—

(a)provision enabling such powers to be exercised on a pre-hearing review as may be specified in the rules;

(b)provision for security and supplemental provision relating to security.

(3)For the purposes of sub-paragraph (2)(b)—

(a)provision for security” means provision authorising the Tribunal, in specified circumstances, to order a party to the proceedings, if he wishes to continue to participate in them, to pay a deposit not exceeding such sum as may be specified or calculated in a specified manner; and

(b)supplemental provision”, in relation to security, means provision as to—

(i)the manner in which the amount of a deposit is to be determined;

(ii)the consequences of non-payment of a deposit;

(iii)the circumstances in which the deposit, or any part of it, may be refunded to the person who paid it or paid to another party to the proceedings.

Conduct of the hearingE+W+S+N.I.

17(1)Tribunal rules may make provision—

(a)as to the manner in which proceedings are to be conducted, including provision for any hearing to be held in private if the Tribunal considers it appropriate because it is considering information of a kind mentioned in paragraph 1(2);

(b)as to the persons entitled to appear on behalf of the parties;

(c)for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses;

(d)as to the evidence which may be required or admitted and the extent to which it should be oral or written;

(e)allowing the Tribunal to fix time limits with respect to any aspect of proceedings and to extend any time limit (before or after its expiry);

(f)enabling the Tribunal, on the application of any party or on its own initiative, to order—

(i)the disclosure between, or the production by, the parties of documents or classes of documents; or

(ii)such recovery or inspection of documents as might be ordered by a sheriff;

(g)for the appointment of experts for the purposes of proceedings;

(h)for the award of costs or expenses, including allowances payable to persons in connection with attendance before the Tribunal;

(i)for taxing or otherwise settling any costs or expenses awarded by the Tribunal or for the enforcement of any order awarding costs or expenses.

(2)Rules under sub-paragraph (1)(h) may provide, in relation to a claim made under section 47A of the 1998 Act which is continued on behalf of an individual in proceedings under section 47B of that Act, for costs or expenses to be awarded to or against that individual in respect of proceedings on that claim which took place before it was included in the proceedings under section 47B of that Act.

(3)Otherwise Tribunal rules may not provide for costs or expenses to be awarded to or against an individual on whose behalf a claim is made or continued in proceedings under section 47B of the 1998 Act.

(4)Tribunal rules may make provision enabling the Tribunal to refer any matter arising in any proceedings (other than proceedings under section 47A or 47B of the 1998 Act) back to the authority that made the decision to which the proceedings relate, if it appears that the matter has not been adequately investigated.

(5)A person who without reasonable excuse fails to comply with—

(a)any requirement imposed by virtue of sub-paragraph (1)(c); or

(b)any requirement with respect to the disclosure, production, recovery or inspection of documents which is imposed by virtue of sub-paragraph (1)(f),

is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

QuorumE+W+S+N.I.

18(1)Tribunal rules may make provision as to the consequences of a member of the Tribunal being unable to continue after part of any proceedings have been heard.

(2)The rules may allow the Tribunal to consist of the remaining members for the rest of the proceedings.

(3)The rules may enable the President, if it is the chairman of the Tribunal who is unable to continue—

(a)to appoint either of the remaining members to chair the Tribunal; and

(b)if that person is not a member of the panel of chairmen, to appoint himself or some other suitably qualified person to attend the proceedings and advise the remaining members on any questions of law arising.

(4)For the purpose of sub-paragraph (3) a person is “suitably qualified” if he is, or is qualified for appointment as, a member of the panel of chairmen.

InterestE+W+S+N.I.

19(1)Tribunal rules may make provision allowing the Tribunal to order that interest is payable on any sum awarded by the Tribunal or on any fees ordered to be paid under paragraph 20.

(2)That provision may include provision—

(a)as to the circumstances in which such an order may be made;

(b)as to the manner in which, and the periods in respect of which, interest is to be calculated and paid.

FeesE+W+S+N.I.

20(1)Tribunal rules may provide—

(a)for fees to be chargeable in respect of specified costs of proceedings; and

(b)for the amount of such costs to be determined by the Tribunal.

(2)Any sums received in respect of such fees shall be paid into the Consolidated Fund.

Withdrawal of proceedingsE+W+S+N.I.

21(1)Tribunal rules may make provision—

(a)preventing a party who has instituted proceedings from withdrawing them without the permission of the Tribunal or, in specified circumstances, the President or the Registrar;

(b)for the Tribunal to grant permission to withdraw proceedings on such conditions as it considers appropriate;

(c)enabling the Tribunal to publish any decision which it would have made in any proceedings, had the proceedings not been withdrawn;

(d)as to the effect of withdrawal of proceedings; and

(e)as to the procedure to be followed if parties to proceedings agree to settle.

(2)Tribunal rules may make, in relation to a claim included in proceedings under section 47B of the 1998 Act, any provision which may be made under sub-paragraph (1) in relation to the whole proceedings.

Interim ordersE+W+S+N.I.

22(1)Tribunal rules may provide for the Tribunal to make an order, on an interim basis—

(a)suspending the effect of any decision which is the subject matter of proceedings before it;

(b)in the case of an appeal under section 46 or 47 of the 1998 Act, varying the conditions or obligations attached to an exemption;

(c)granting any remedy which the Tribunal would have had power to grant in its final decision.

(2)Tribunal rules may also make provision giving the Tribunal powers similar to those given to the OFT by section 35 of the 1998 Act.

MiscellaneousE+W+S+N.I.

23(1)Tribunal rules may make provision enabling the Tribunal to decide where to sit for the purposes of, or of any part of, any proceedings before it.

(2)Tribunal rules may make provision enabling the Tribunal to decide that any proceedings before it are to be treated, for purposes connected with—

(a)any appeal from a decision of the Tribunal made in those proceedings; and

(b)any other matter connected with those proceedings,

as proceedings in England and Wales, Scotland or Northern Ireland (regardless of the decision made for the purposes of sub-paragraph (1)).

(3)For the purposes of sub-paragraph (2), Tribunal rules may provide for each claim made or continued on behalf of an individual in proceedings under section 47B of the 1998 Act to be treated as separate proceedings.

24Tribunal rules may make provision—

(a)for a person who is not a party to be joined in any proceedings;

(b)for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person;

(c)for proceedings to be consolidated on such terms as the Tribunal thinks appropriate in such circumstances as may be specified.

25Tribunal rules may make provision for the Tribunal to transfer a claim made in proceedings under section 47A of the 1998 Act to—

(a)the High Court or a county court in England and Wales or Northern Ireland; or

(b)the Court of Session or a sheriff court in Scotland.

26Tribunal rules may make provision in connection with the transfer of any proceedings from a court mentioned in paragraph 25 to the Tribunal under section 16.

Section 21

SCHEDULE 5E+W+S+N.I.Proceedings under Part 1 of the 1998 Act

1Part 1 of the 1998 Act is amended as follows.

2In section 46 (appealable decisions)—

(a)in subsections (1) and (2), for “the Competition Commission” there is substituted “ the Tribunal ”;

(b)in subsection (3) (in the full-out words), after “other decision” there is inserted “ under this Part ”;

(c)subsection (3)(h) shall cease to have effect.

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Commencement Information

I1Sch. 5 para. 2 partly in force; Sch. 5 para. 2 not in force at Royal assent see s. 279; Sch. 5 para. 2(a)(b) in force at 1.4.2003 by S.I. 2003/766, art. 2, Sch.

3Section 48 (appeal tribunals) shall cease to have effect.

4For section 49 there is substituted—

49 Further appeals

(1)An appeal lies to the appropriate court—

(a)from a decision of the Tribunal as to the amount of a penalty under section 36;

(b)from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and

(c)on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.

(2)An appeal under this section—

(a)may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and

(b)requires the permission of the Tribunal or the appropriate court.

(3)In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.

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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.

Commencement Information

I2Sch. 5 para. 4 wholly in force at 18.7.2004; Sch. 5 para. 4 not in force at Royal Assent see s. 279; Sch. 5 para. 4 in force for certain purposes at 1.4.2003 by S.I. 2003/766, art. 2, Sch., Sch. 5 para. 4 in force for remaining purposes at 18.7.2004 by S.I. 2004/1866 {art. 2}

5In section 58(1) (findings of fact by director)—

(a)in paragraph (a), after “appeal” there is inserted “ under section 46 or 47 ”; and

(b)in paragraph (b), for “an appeal tribunal” there is substituted “ the Tribunal ”.

6In section 59(1) (interpretation of Part 1)—

(a)the definition of “appeal tribunal” shall cease to have effect;

(b)after the definition of “the Treaty” there is inserted—

the Tribunal” means the Competition Appeal Tribunal;

Tribunal rules” means rules under section 15 of the Enterprise Act 2002.

7(1)Schedule 7 (the Competition Commission) is amended as follows.E+W+S+N.I.

(2)In paragraph 1 (interpretation)—

(a)the definitions of “appeal panel member” and “the President” shall cease to have effect; and

(b)in the definition of “general functions”, paragraph (a) and the word “or” after it shall cease to have effect.

(3)In paragraph 2 (membership), sub-paragraphs (1)(a), (3)(a) and (4) shall cease to have effect.

(4)Paragraph 4 (the President) shall cease to have effect.

(5)In paragraph 5 (the Council)—

(a)sub-paragraph (2)(b), and

(b)in sub-paragraph (3), the words “and paragraph 5 of Schedule 8”,

shall cease to have effect.

(6)Part 3 (appeals) shall cease to have effect.

8(1)Schedule 8 (appeals) is amended as follows.E+W+S+N.I.

(2)Paragraph 1 shall cease to have effect.

(3)In paragraph 2 (general procedure for appeals under Part 1)—

(a)in sub-paragraph (1), for the words from “Competition” to “Commission” (in the second place it appears) there is substituted “ Tribunal under section 46 or 47 must be made by sending a notice of appeal to it ”;

(b)in sub-paragraph (3), for “tribunal” there is substituted “ Tribunal ”; and

(c)after sub-paragraph (3) there is inserted—

(4)In this paragraph references to the Tribunal are to the Tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question.

(5)Nothing in this paragraph restricts the power under section 15 of the Enterprise Act 2002 (Tribunal rules) to make provision as to the manner of instituting proceedings before the Tribunal.

(4)In paragraph 3, for “tribunal” (in each place) there is substituted “ Tribunal ”.

(5)Paragraphs 4 to 14 shall cease to have effect.

Section 70

SCHEDULE 6E+W+S+N.I.Schedule to be inserted in the Water Industry Act 1991

Section 34

SCHEDULE 4ZAE+W+S+N.I.Application of provisions of Enterprise Act 2002 to mergers of water enterprises

1Part 3 of the 2002 Act (and any other provisions of that Act so far as relating to that Part) shall apply, with such prescribed modifications as the Secretary of State considers to be necessary or expedient, in relation to water mergers and merger references under section 32 of this Act as it applies in relation to relevant merger situations and references under Part 3 of that Act.

2The modifications made by virtue of paragraph 1 above shall include modifications to give effect to paragraphs 3 to 6 below.

3(1)The first questions to be decided by the Competition Commission on a merger reference under section 32(a) of this Act shall be—

(a)whether arrangements are in progress which, if carried into effect, will result in a water merger; and

(b)if so, whether that merger may be expected to prejudice the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises.

(2)The first questions to be decided by the Competition Commission on a merger reference under section 32(b) of this Act shall be—

(a)whether a water merger has taken place; and

(b)if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises.

(3)Any decision of the Competition Commission on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c. 41).

(4)Any decision of the Competition Commission on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(5)Any decision of the Competition Commission on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(6)Any decision of the Competition Commission on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

4(1)In deciding, on a merger reference under section 32(a) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Director or any adverse effect which may be expected to result from the prejudice to the Director and, if so, what action should be taken, the Competition Commission may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—

(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or

(b)the benefits which may be expected to accrue are substantially more important than the prejudice concerned.

(2)In deciding, on a merger reference under section 32(b) of this Act whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Director or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Director and, if so, what action should be taken, the Competition Commission may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that—

(a)a consideration of those benefits would not prevent a solution to the prejudice concerned; or

(b)the benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.

(3)This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for other matters to which the Competition Commission may or must have regard in deciding the questions as mentioned in sub-paragraph (1) or (2) above (including matters which are to take priority over the effect of action on relevant customer benefits).

5(1)No enforcement action shall be taken on a merger reference under section 32(b) of this Act in respect of an actual merger unless the reference was made within the period of four months beginning with whichever is the later of—

(a)the day on which the merger took place; and

(b)the day on which the material facts about the transactions which resulted in the merger first came to the attention of the OFT or were made public (within the meaning given by section 24(3) of the 2002 Act).

(2)This paragraph is without prejudice to the power of the Secretary of State to provide in regulations made under paragraph 1 above for extensions of the four month period; and, if any such provision is made in such regulations, the provision which is to be made in regulations under paragraph 1 above by virtue of sub-paragraph (1) above or paragraph 6 below may be adjusted accordingly.

6If, on a merger reference under section 32(b) of this Act, the Competition Commission are satisfied that the reference was not made within the period of four months mentioned in paragraph 5 above, its report on the reference shall state that fact.

7(1)For the purposes of this Schedule a benefit is a relevant customer benefit if—

(a)it is a benefit to relevant customers in the form of—

(i)lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom; or

(ii)greater innovation in relation to such goods or services; and

(b)the Competition Commission believes—

(i)in the case of a merger reference under section 32(a) of this Act, as mentioned in sub-paragraph (2) below; and

(ii)in the case of a merger reference under section 32(b) of this Act, as mentioned in sub-paragraph (3) below.

(2)The belief, in the case of a merger reference under section 32(a) of this Act, is that—

(a)the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Director.

(3)The belief, in the case of a merger reference under section 32(b) of this Act is that—

(a)the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and

(b)the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Director.

(4)In sub-paragraph (1) above “relevant customers” means—

(a)customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;

(b)customers of such customers; and

(c)any other customers in a chain of customers beginning with the customers mentioned in paragraph (a);

and in this sub-paragraph “customers” includes future customers.

8In this Schedule—

  • customers”, “goods”, “market in the United Kingdom”, “services” and “relevant merger situation” have the same meanings as in Part 3 of the 2002 Act; and

  • water merger” means a merger of any two or more water enterprises.

Section 85

SCHEDULE 7E+W+S+N.I.Enforcement regime for public interest and special public interest cases

Pre-emptive undertakings and ordersE+W+S+N.I.

1(1)Sub-paragraph (2) applies where an intervention notice or special intervention notice is in force.

(2)The Secretary of State may, for the purpose of preventing pre-emptive action, accept from such of the parties concerned as he considers appropriate undertakings to take such action as he considers appropriate.

(3)Sub-paragraph (4) applies where an intervention notice is in force.

(4)The Secretary of State may, for the purpose of preventing pre-emptive action, adopt an undertaking accepted by the OFT under section 71 if the undertaking is still in force when the Secretary of State adopts it.

(5)An undertaking adopted under sub-paragraph (4)—

(a)shall continue in force, in accordance with its terms, when adopted;

(b)may be varied or superseded by an undertaking under this paragraph; and

(c)may be released by the Secretary of State.

(6)Any other undertaking under this paragraph—

(a)shall come into force when accepted;

(b)may be varied or superseded by another undertaking; and

(c)may be released by the Secretary of State.

(7)References in this Part to undertakings under this paragraph shall, unless the context otherwise requires, include references to undertakings adopted under this paragraph; and references to the acceptance or giving of undertakings under this paragraph shall be construed accordingly.

(8)An undertaking which is in force under this paragraph in relation to a reference or possible reference under section 45 or (as the case may be) 62 shall cease to be in force if an order under paragraph 2 or an undertaking under paragraph 3 comes into force in relation to that reference.

(9)An undertaking under this paragraph shall, if it has not previously ceased to be in force, cease to be in force when the intervention notice concerned or (as the case may be) special intervention notice concerned ceases to be in force.

(10)No undertaking shall be accepted by the Secretary of State under this paragraph before the making of a reference under section 45 or (as the case may be) 62 unless the undertaking relates to a relevant merger situation which has been, or may have been, created or (as the case may be) a special merger situation which has been, or may have been, created.

(11)The Secretary of State shall, as soon as reasonably practicable, consider any representations received by him in relation to varying or releasing an undertaking under this paragraph.

(12)In this paragraph and paragraph 2 “pre-emptive action” means action which might prejudice the reference or possible reference concerned under section 45 or (as the case may be) 62 or impede the taking of any action under this Part which may be justified by the Secretary of State’s decisions on the reference.

2(1)Sub-paragraph (2) applies where an intervention notice or special intervention notice is in force.E+W+S+N.I.

(2)The Secretary of State or the OFT may by order, for the purpose of preventing pre-emptive action—

(a)prohibit or restrict the doing of things which the Secretary of State or (as the case may be) the OFT considers would constitute pre-emptive action;

(b)impose on any person concerned obligations as to the carrying on of any activities or the safeguarding of any assets;

(c)provide for the carrying on of any activities or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of any activities (on such terms and with such powers as may be specified or described in the order) or in any other manner;

(d)do anything which may be done by virtue of paragraph 19 of Schedule 8.

[F11(2A)Sub-paragraph (2B) applies where—

(a)an intervention notice or special intervention notice is in force, and

(b)the Secretary of State or the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken.

(2B)The Secretary of State or (as the case may be) the CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects—

(a)do anything mentioned in sub-paragraph (2)(b) to (d);

(b)impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.]

(3)Sub-paragraph (4) applies where an intervention notice is in force.

(4)The Secretary of State or the OFT may, for the purpose of preventing pre-emptive action, adopt an order made by the OFT under section 72 if the order is still in force when the Secretary of State or (as the case may be) the OFT adopts it.

(5)An order adopted under sub-paragraph (4)—

(a)shall continue in force, in accordance with its terms, when adopted; and

(b)may be varied or revoked by an order under this paragraph.

(6)Any other order under this paragraph—

(a)shall come into force at such time as is determined by or under the order; and

(b)may be varied or revoked by another order.

(7)References in this Part to orders under this paragraph shall, unless the context otherwise requires, include references to orders adopted under this paragraph; and references to the making of orders under this paragraph shall be construed accordingly.

(8)An order which is in force under this paragraph in relation to a reference or possible reference under section 45 or (as the case may be) 62 shall cease to be in force if an undertaking under paragraph 1 or 3 comes into force in relation to that reference.

(9)An order under this paragraph shall, if it has not previously ceased to be in force, cease to be in force when the intervention notice concerned or (as the case may be) special intervention notice concerned ceases to be in force.

(10)No order shall be made by the Secretary of State or the OFT under this paragraph before the making of a reference under section 45 or (as the case may be) 62 unless the order relates to a relevant merger situation which has been, or may have been, created or (as the case may be) a special merger situation which has been, or may have been, created.

(11)The Secretary of State or (as the case may be) the OFT shall, as soon as reasonably practicable, consider any representations received by that person in relation to varying or revoking an order under this paragraph.

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Amendments (Textual)

Undertakings in lieu of reference under section 45 or 62E+W+S+N.I.

3(1)Sub-paragraph (2) applies if the Secretary of State has power to make a reference to the Commission under section 45 or 62 and otherwise intends to make such a reference.

(2)The Secretary of State may, instead of making such a reference and for the purpose of remedying, mitigating or preventing any of the effects adverse to the public interest which have or may have resulted, or which may be expected to result, from the creation of the relevant merger situation concerned or (as the case may be) the special merger situation concerned, accept from such of the parties concerned as he considers appropriate undertakings to take such action as he considers appropriate.

(3)In proceeding under sub-paragraph (2), the Secretary of State shall, in particular—

(a)accept the decisions of the OFT included in its report under section 44 so far as they relate to the matters mentioned in subsections (4) and (5) of that section; or

(b)(as the case may be) accept the decisions of the OFT included in its report under section 61 so far as they relate to the matters mentioned in subsections (3)(a) and (4) of that section.

(4)In proceeding under sub-paragraph (2) in relation to an anti-competitive outcome, the Secretary of State may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the creation of the relevant merger situation concerned.

(5)No undertaking shall be accepted by the Secretary of State under this paragraph in connection with a possible reference under section 45 if a public interest consideration mentioned in the intervention notice concerned has not been finalised and the period of 24 weeks beginning with the giving of that notice has not expired.

(6)The Secretary of State may delay making a decision as to whether to accept any such undertaking (and any related decision as to whether to make a reference under section 45) if he considers that there is a realistic prospect of the public interest consideration being finalised within the period of 24 weeks beginning with the giving of the intervention notice concerned.

(7)A delay under sub-paragraph (6) shall not extend beyond—

(a)the time when the public interest consideration is finalised; or

(b)if earlier, the expiry of the period of 24 weeks mentioned in that sub-paragraph.

(8)An undertaking under this paragraph—

(a)shall come into force when accepted;

(b)may be varied or superseded by another undertaking; or

(c)may be released by the Secretary of State.

(9)An undertaking under this paragraph which is in force in relation to a relevant merger situation or (as the case may be) a special merger situation shall cease to be in force if an order comes into force under paragraph 5 or 6 in relation to that undertaking.

(10)The Secretary of State shall, as soon as reasonably practicable, consider any representations received by him in relation to varying or releasing an undertaking under this section.

4(1)The relevant authority shall not make a reference under section 22, 33 or 45 in relation to the creation of a relevant merger situation or (as the case may be) a reference under section 62 in relation to the creation of a special merger situation if—E+W+S+N.I.

(a)the Secretary of State has accepted an undertaking or group of undertakings under paragraph 3; and

(b)the relevant merger situation or (as the case may be) the special merger situation is the situation by reference to which the undertaking or group of undertakings was accepted.

(2)In sub-paragraph (1) “the relevant authority” means—

(a)in relation to a possible reference under section 22 or 33, the OFT; and

(b)in relation to a possible reference under section 45 or 62, the Secretary of State.

(3)Sub-paragraph (1) does not prevent the making of a reference if material facts about relevant arrangements or transactions, or relevant proposed arrangements or transactions, were not notified (whether in writing or otherwise) to the Secretary of State or the OFT or made public before any undertaking concerned was accepted.

(4)For the purposes of sub-paragraph (3) arrangements or transactions, or proposed arrangements or transactions, are relevant if they are the ones in consequence of which the enterprises concerned ceased or may have ceased, or may cease, to be distinct enterprises.

(5)In sub-paragraph (3) “made public” means so publicised as to be generally known or readily ascertainable.

5(1)Sub-paragraph (2) applies where the Secretary of State considers that—E+W+S+N.I.

(a)an undertaking accepted by him under paragraph 3 has not been, is not being or will not be fulfilled; or

(b)in relation to an undertaking accepted by him under that paragraph, information which was false or misleading in a material respect was given to him or the OFT by the person giving the undertaking before he decided to accept the undertaking.

(2)The Secretary of State may, for any of the purposes mentioned in paragraph 3(2), make an order under this paragraph.

(3)Sub-paragraphs (3) and (4) of paragraph 3 shall apply for the purposes of sub-paragraph (2) above as they apply for the purposes of sub-paragraph (2) of that paragraph.

(4)An order under this paragraph may contain—

(a)anything permitted by Schedule 8; and

(b)such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.

(5)An order under this paragraph

(a)shall come into force at such time as is determined by or under the order; and

(b)may contain provision which is different from the provision contained in the undertaking concerned.

(6)No order shall be varied or revoked under this paragraph unless the OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.

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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.

Modifications etc. (not altering text)

C2Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 144(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(2)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C3Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 238(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(4)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C4Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, Sch. 2A para. 17(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(5)(a)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

6(1)Sub-paragraph (2) applies where—E+W+S+N.I.

(a)the Secretary of State has the power to make an order under paragraph 5 in relation to a particular undertaking and intends to make such an order; or

(b)the Secretary of State has the power to make an order under paragraph 10 in relation to a particular undertaking and intends to make such an order.

(2)The Secretary of State may, for the purpose of preventing any action which might prejudice the making of that order, make an order under this paragraph.

(3)No order shall be made under sub-paragraph (2) unless the Secretary of State has reasonable grounds for suspecting that it is or may be the case that action which might prejudice the making of the order under paragraph 5 or (as the case may be) 10 is in progress or in contemplation.

(4)An order under sub-paragraph (2) may—

(a)prohibit or restrict the doing of things which the Secretary of State considers would prejudice the making of the order under paragraph 5 or 10;

(b)impose on any person concerned obligations as to the carrying on of any activities or the safeguarding of any assets;

(c)provide for the carrying on of any activities or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of any activities (on such terms and with such powers as may be specified or described in the order) or in any other manner;

(d)do anything which may be done by virtue of paragraph 19 of Schedule 8.

(5)An order under this paragraph shall come into force at such time as is determined by or under the order.

(6)An order under this paragraph shall, if it has not previously ceased to be in force, cease to be in force on—

(a)the coming into force of an order under paragraph 5 or (as the case may be) 10 in relation to the undertaking concerned; or

(b)the making of the decision not to proceed with such an order.

(7)The Secretary of State shall, as soon as reasonably practicable, consider any representations received by him in relation to varying or revoking an order under this paragraph.

Statutory restrictions following reference under section 45 or 62E+W+S+N.I.

7(1)Sub-paragraphs (2) and (3) apply where—

(a)a reference has been made under section 45(2) or (3) or 62(2) but not finally determined; and

(b)no undertakings under paragraph 1 are in force in relation to the relevant merger situation concerned or (as the case may be) the special merger situation concerned and no orders under paragraph 2 are in force in relation to that situation.

(2)No relevant person shall, without the consent of the Secretary of State—

(a)complete any outstanding matters in connection with any arrangements which have resulted in the enterprises concerned ceasing to be distinct enterprises;

(b)make any further arrangements in consequence of that result (other than arrangements which reverse that result); or

(c)transfer the ownership or control of any enterprises to which the reference relates.

(3)No relevant person shall, without the consent of the Secretary of State, assist in any of the activities mentioned in paragraphs (a) to (c) of sub-paragraph (2).

(4)The prohibitions in sub-paragraphs (2) and (3) do not apply in relation to anything which the person concerned is required to do by virtue of any enactment.

(5)The consent of the Secretary of State under sub-paragraph (2) or (3)—

(a)may be general or specific;

(b)may be revoked by the Secretary of State; and

(c)shall be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of any person entitled to the benefit of it.

(6)Paragraph (c) of sub-paragraph (5) shall not apply if the Secretary of State considers that publication is not necessary for the purpose mentioned in that paragraph.

(7)Sub-paragraphs (2) and (3) shall apply to a person’s conduct outside the United Kingdom if (and only if) he is—

(a)a United Kingdom national;

(b)a body incorporated under the law of the United Kingdom or of any part of the United Kingdom; or

(c)a person carrying on business in the United Kingdom.

(8)For the purpose of this paragraph a reference under section 45(2) or (3) is finally determined if—

(a)the time within which the Commission is to prepare a report under section 50 in relation to the reference and give it to the Secretary of State has expired and no such report has been so prepared and given;

(b)the Commission decides to cancel the reference under section 53(1);

(c)the time within which the Secretary of State is to make and publish a decision under section 54(2) has expired and no such decision has been made and published;

(d)the Secretary of State decides under section 54(2) to make no finding at all in the matter;

(e)the Secretary of State otherwise decides under section 54(2) not to make an adverse public interest finding;

(f)the Secretary of State decides under section 54(2) to make an adverse public interest finding but decides neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; or

(g)the Secretary of State decides under section 54(2) to make an adverse public interest finding and accepts an undertaking under paragraph 9 of this Schedule or makes an order under paragraph 11 of this Schedule.

(9)For the purpose of this paragraph a reference under section 62(2) is finally determined if—

(a)the time within which the Commission is to prepare a report under section 65 in relation to the reference and give it to the Secretary of State has expired and no such report has been so prepared and given;

(b)the time within which the Secretary of State is to make and publish a decision under section 66(2) has expired and no such decision has been made and published;

(c)the Secretary of State decides under subsection (2) of section 66 otherwise than as mentioned in subsection (5) of that section;

(d)the Secretary of State decides under subsection (2) of section 66 as mentioned in subsection (5) of that section but decides neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; or

(e)the Secretary of State decides under subsection (2) of section 66 as mentioned in subsection (5) of that section and accepts an undertaking under paragraph 9 of this Schedule or makes an order under paragraph 11 of this Schedule.

(10)For the purposes of this paragraph the time when a reference under section 45(2) or (3) or (as the case may be) 62(2) is finally determined is—

(a)in a case falling within sub-paragraph (8)(a) or (c) or (as the case may be) (9)(a) or (b), the expiry of the time concerned;

(b)in a case falling within sub-paragraph (8)(b), (d) or (e) or (as the case may be) (9)(c), the making of the decision concerned;

(c)in a case falling within sub-paragraph (8)(f) or (as the case may be) (9)(d), the making of the decision neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; and

(d)in a case falling within sub-paragraph (8)(g) or (as the case may be) (9)(e), the acceptance of the undertaking concerned or (as the case may be) the making of the order concerned.

(11)In this paragraph “relevant person” means—

(a)any person who carries on any enterprise to which the reference relates or who has control of any such enterprise;

(b)any subsidiary of any person falling within paragraph (a); or

(c)any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated.

8(1)Sub-paragraph (2) applies where—E+W+S+N.I.

(a)a reference has been made under section 45(4) or (5) or 62(3); and

(b)no undertakings under paragraph 1 are in force in relation to the relevant merger situation concerned or (as the case may be) special merger situation concerned and no orders under paragraph 2 are in force in relation to that situation.

(2)No relevant person shall, without the consent of the Secretary of State, directly or indirectly acquire during the relevant period an interest in shares in a company if any enterprise to which the reference relates is carried on by or under the control of that company.

(3)The consent of the Secretary of State under sub-paragraph (2)—

(a)may be general or specific;

(b)may be revoked by the Secretary of State; and

(c)shall be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of any person entitled to the benefit of it.

(4)Paragraph (c) of sub-paragraph (3) shall not apply if the Secretary of State considers that publication is not necessary for the purpose mentioned in that paragraph.

(5)Sub-paragraph (2) shall apply to a person’s conduct outside the United Kingdom if (and only if) he is—

(a)a United Kingdom national;

(b)a body incorporated under the law of the United Kingdom or of any part of the United Kingdom; or

(c)a person carrying on business in the United Kingdom.

(6)In this paragraph—

  • company” includes any body corporate;

  • relevant period” means the period beginning with the publication of the decision of the Secretary of State to make the reference concerned and ending when the reference is finally determined;

  • relevant person” means—

    (a)

    any person who carries on any enterprise to which the reference relates or who has control of any such enterprise;

    (b)

    any subsidiary of any person falling within paragraph (a); or

    (c)

    any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated; and

  • share” means share in the capital of a company, and includes stock.

(7)For the purposes of the definition of “relevant period” in sub-paragraph (6), a reference under section 45(4) or (5) is finally determined if—

(a)the Commission cancels the reference under section 48(1) or 53(1);

(b)the time within which the Commission is to prepare a report under section 50 in relation to the reference and give it to the Secretary of State has expired and no such report has been so prepared and given;

(c)the time within which the Secretary of State is to make and publish a decision under section 54(2) has expired and no such decision has been made and published;

(d)the Secretary of State decides under section 54(2) to make no finding at all in the matter;

(e)the Secretary of State otherwise decides under section 54(2) not to make an adverse public interest finding;

(f)the Secretary of State decides under section 54(2) to make an adverse public interest finding but decides neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; or

(g)the Secretary of State decides under section 54(2) to make an adverse public interest finding and accepts an undertaking under paragraph 9 of this Schedule or makes an order under paragraph 11 of this Schedule.

(8)For the purposes of the definition of “relevant period” in sub-paragraph (6), a reference under section 62(3) is finally determined if—

(a)the Commission cancels the reference under section 64(1);

(b)the time within which the Commission is to prepare a report under section 65 in relation to the reference and give it to the Secretary of State has expired and no such report has been so prepared and given;

(c)the time within which the Secretary of State is to make and publish a decision under section 66(2) has expired and no such decision has been made and published;

(d)the Secretary of State decides under subsection (2) of section 66 otherwise than as mentioned in subsection (5) of that section;

(e)the Secretary of State decides under subsection (2) of section 66 as mentioned in subsection (5) of that section but decides neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; or

(f)the Secretary of State decides under subsection (2) of section 66 as mentioned in subsection (5) of that section and accepts an undertaking under paragraph 9 of this Schedule or makes an order under paragraph 11 of this Schedule.

(9)For the purposes of the definition of “relevant period” in sub-paragraph (6) above, the time when a reference under section 45(4) or (5) or (as the case may be) 62(3) is finally determined is—

(a)in a case falling within sub-paragraph (7)(a), (d) or (e) or (as the case may be) (8)(a) or (d), the making of the decision concerned;

(b)in a case falling within sub-paragraph (7)(b) or (c) or (as the case may be) (8)(b) or (c), the expiry of the time concerned;

(c)in a case falling within sub-paragraph (7)(f) or (as the case may be) (8)(e), the making of the decision neither to accept an undertaking under paragraph 9 of this Schedule nor to make an order under paragraph 11 of this Schedule; and

(d)in a case falling within sub-paragraph (7)(g) or (as the case may be) (8)(f), the acceptance of the undertaking concerned or (as the case may be) the making of the order concerned.

(10)Section 79 shall apply for the purposes of paragraph 7 and this paragraph in relation to a reference under section 45 or 62 as it applies for the purposes of sections 77 and 78 in relation to a reference under section 22 or 33.

(11)In its application by virtue of sub-paragraph (10) section 79 shall have effect as if—

(a)subsections (1) and (2) were omitted; and

(b)for the reference in subsection (4) to the OFT there were substituted a reference to the Secretary of State.

Final undertakings and ordersE+W+S+N.I.

9(1)The Secretary of State may, in accordance with section 55 or (as the case may be) 66(5) to (7), accept, from such persons as he considers appropriate, undertakings to take action specified or described in the undertakings.

(2)An undertaking under this paragraph—

(a)shall come into force when accepted;

(b)may be varied or superseded by another undertaking; and

(c)may be released by the Secretary of State.

(3)An undertaking which is in force under this paragraph in relation to a reference under section 45 or 62 shall cease to be in force if an order under paragraph 6(1)(b) or 10 comes into force in relation to the subject-matter of the undertaking.

(4)No undertaking shall be accepted under this paragraph in relation to a reference under section 45 or 62 if an order has been made under—

(a)paragraph 6(1)(b) or 10 in relation to the subject-matter of the undertaking; or

(b)paragraph 11 in relation to that reference.

(5)The Secretary of State shall, as soon as reasonably practicable, consider any representations received by him in relation to varying or releasing an undertaking under this section.

10(1)Sub-paragraph (2) applies where the Secretary of State considers that—E+W+S+N.I.

(a)an undertaking accepted by him under paragraph 9 has not been, is not being or will not be fulfilled; or

(b)in relation to an undertaking accepted by him under that paragraph, information which was false or misleading in a material respect was given to him or the OFT by the person giving the undertaking before he decided to accept the undertaking.

(2)The Secretary of State may, for any purpose mentioned in section 55(2) or (as the case may be) 66(6), make an order under this paragraph.

(3)Subsections (3) and (4) of section 55 or (as the case may be) subsection (7) of section 66 shall apply for the purposes of sub-paragraph (2) above as they or it applies for the purposes of section 55(2) or (as the case may be) 66(6).

(4)An order under this paragraph may contain—

(a)anything permitted by Schedule 8; and

(b)such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.

(5)An order under this paragraph—

(a)shall come into force at such time as is determined by or under the order; and

(b)may contain provision which is different from the provision contained in the undertaking concerned.

(6)No order shall be varied or revoked under this paragraph unless the OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.

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Modifications etc. (not altering text)

C5Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 144(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(2)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C6Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 238(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(4)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C7Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, Sch. 2A para. 17(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(5)(a)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

11(1)The Secretary of State may, in accordance with section 55 or (as the case may be) 66(5) to (7), make an order under this paragraph.E+W+S+N.I.

(2)An order under this paragraph may contain—

(a)anything permitted by Schedule 8; and

(b)such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.

(3)An order under this paragraph shall come into force at such time as is determined by or under the order.

(4)No order shall be made under this paragraph in relation to a reference under section 45 or (as the case may be) 62 if an undertaking has been accepted under paragraph 9 in relation to that reference.

(5)No order shall be varied or revoked under this paragraph unless the OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.

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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.

Modifications etc. (not altering text)

C8Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 144(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(2)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C9Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 238(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(4)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C10Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, Sch. 2A para. 17(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(5)(a)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Section 86(4)

SCHEDULE 8E+W+S+N.I.Provision that may be contained in certain enforcement orders

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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.

Modifications etc. (not altering text)

C11Sch. 8: power to make orders conferred (20.6.2003) by 1988 c. 48, s. 144(1A) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 18(2)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C12Sch. 8: power to make orders conferred (20.6.2003) by 1988 c. 48, s. 238(1A) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 18(4)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C13Sch. 8: power to make orders conferred (20.6.2003) by 1988 c. 48, Sch. 2A para. 17(1A) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 18(5)(a)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C14Sch. 8 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592, art. 15, Sch. 3 para. 2(1)(a)(2) (as amended (29.12.2003) by S.I. 2003/3180, art. 2, Sch. para. 10(16))

IntroductoryE+W+S+N.I.

1This Schedule applies in relation to such orders, and to such extent, as is provided by this Part and Part 4 and any other enactment; and references in this Schedule to an order shall be construed accordingly.

General restrictions on conductE+W+S+N.I.

2(1)An order may—

(a)prohibit the making or performance of an agreement;

(b)require any party to an agreement to terminate the agreement.

(2)An order made by virtue of sub-paragraph (1) shall not—

(a)prohibit the making or performance of; or

(b)require any person to terminate,

an agreement so far as, if made, the agreement would relate, or (as the case may be) so far as the agreement relates, to the terms and conditions of employment of any workers or to the physical conditions in which any workers are required to work.

3(1)An order may prohibit the withholding from any person of—E+W+S+N.I.

(a)any goods or services;

(b)any orders for any such goods or services.

(2)References in sub-paragraph (1) to withholding include references to—

(a)agreeing or threatening to withhold; and

(b)procuring others to withhold or to agree or threaten to withhold.

4An order may prohibit requiring as a condition of the supply of goods or services to any person—

(a)the buying of any goods;

(b)the making of any payment in respect of services other than the goods or services supplied;

(c)the doing of any other such matter or the refraining from doing anything mentioned in paragraph (a) or (b) or any other such matter.

5An order may prohibit—

(a)discrimination between persons in the prices charged for goods or services;

(b)anything which the relevant authority considers to be such discrimination;

(c)procuring others to do anything which is such discrimination or which the relevant authority considers to be such discrimination.

6An order may prohibit—

(a)giving, or agreeing to give in other ways, any preference in respect of the supply of goods or services or in respect of the giving of orders for goods or services;

(b)giving, or agreeing to give in other ways, anything which the relevant authority considers to be a preference in respect of the supply of goods or services or in respect of the giving of orders for goods or services;

(c)procuring others to do anything mentioned in paragraph (a) or (b).

7An order may prohibit—

(a)charging, for goods or services supplied, prices differing from those in any published list or notification;

(b)doing anything which the relevant authority considers to be charging such prices.

8(1)An order may regulate the prices to be charged for any goods or services.E+W+S+N.I.

(2)No order shall be made by virtue of sub-paragraph (1) unless the relevant report in relation to the matter concerned identifies the prices charged for the goods or services as requiring remedial action.

(3)In this paragraph “the relevant report” means the report of the Commission which is required by the enactment concerned before an order can be made under this Schedule.

9An order may prohibit the exercise of any right to vote exercisable by virtue of the holding of any shares, stock or securities.

General obligations to be performedE+W+S+N.I.

10(1)An order may require a person to supply goods or services or to do anything which the relevant authority considers appropriate to facilitate the provision of goods or services.

(2)An order may require a person who is supplying, or is to supply, goods or services to supply such goods or services to a particular standard or in a particular manner or to do anything which the relevant authority considers appropriate to facilitate the provision of such goods or services to that standard or in that manner.

11An order may require any activities to be carried on separately from any other activities.

Acquisitions and divisionsE+W+S+N.I.

12(1)An order may prohibit or restrict—

(a)the acquisition by any person of the whole or part of the undertaking or assets of another person’s business;

(b)the doing of anything which will or may result in two or more bodies corporate becoming interconnected bodies corporate.

(2)An order may require that if—

(a)an acquisition of the kind mentioned in sub-paragraph (1)(a) is made; or

(b)anything is done which results in two or more bodies corporate becoming interconnected bodies corporate;

the persons concerned or any of them shall observe any prohibitions or restrictions imposed by or under the order.

(3)This paragraph shall also apply to any result consisting in two or more enterprises ceasing to be distinct enterprises (other than any result consisting in two or more bodies corporate becoming interconnected bodies corporate).

13(1)An order may provide for—E+W+S+N.I.

(a)the division of any business (whether by the sale of any part of the undertaking or assets or otherwise);

(b)the division of any group of interconnected bodies corporate.

(2)For the purposes of sub-paragraph (1)(a) all the activities carried on by way of business by any one person or by any two or more interconnected bodies corporate may be treated as a single business.

(3)An order made by virtue of this paragraph may contain such provision as the relevant authority considers appropriate to effect or take account of the division, including, in particular, provision as to—

(a)the transfer or creation of property, rights, liabilities or obligations;

(b)the number of persons to whom the property, rights, liabilities or obligations are to be transferred or in whom they are to be vested;

(c)the time within which the property, rights, liabilities or obligations are to be transferred or vested;

(d)the adjustment of contracts (whether by discharge or reduction of any liability or obligation or otherwise);

(e)the creation, allotment, surrender or cancellation of any shares, stock or securities;

(f)the formation or winding up of any company or other body of persons corporate or unincorporate;

(g)the amendment of the [F12articles] or other instruments regulating any such company or other body of persons;

(h)the extent to which, and the circumstances in which, provisions of the order affecting a company or other body of persons corporate or unincorporate in its share capital, constitution or other matters may be altered by the company or other body of persons concerned;

(i)the registration of the order under any enactment by a company or other body of persons corporate or unincorporate which is affected by it as mentioned in paragraph (h);

(j)the continuation, with any necessary change of parties, of any legal proceedings;

(k)the approval by the relevant authority or another person of anything required by virtue of the order to be done or of any person to whom anything is to be transferred, or in whom anything is to be vested, by virtue of the order; or

(l)the appointment of trustees or other persons to do anything on behalf of another person which is required of that person by virtue of the order or to monitor the doing by that person of any such thing.

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Amendments (Textual)

14The references in paragraph 13 to the division of a business as mentioned in sub-paragraph (1)(a) of that paragraph shall, in the case of an order under section 75, 83, 84, 160 or 161, or an order under paragraph 5, 10 or 11 of Schedule 7, be construed as including references to the separation, by the sale of any part of any undertaking or assets concerned or other means, of enterprises which are under common control (within the meaning of section 26) otherwise than by reason of their being enterprises of interconnected bodies corporate.

Supply and publication of informationE+W+S+N.I.

15(1)An order may require a person supplying goods or services to publish a list of prices or otherwise notify prices.

(2)An order made by virtue of this paragraph may also require or prohibit the publication or other notification of further information.

16An order may prohibit any person from notifying (whether by publication or otherwise) to persons supplying goods or services prices recommended or suggested as appropriate to be charged by those persons for those goods or services.

17(1)An order may require a person supplying goods or services to publish [F13 or otherwise notify]E+W+S+N.I.

(a)accounting information in relation to the supply of the goods or services;

(b)information in relation to the quantities of goods or services supplied;

(c)information in relation to the geographical areas in which they are supplied.

[F14(d)information in relation to prices of the goods or services supplied;

(e)such other information in relation to the goods or services supplied as the relevant authority considers appropriate.]

[F15(1A)An order may prohibit the publication or other notification of information falling within sub-paragraph (1)(a) to (e) by a person supplying goods or services.]

(2)In sub-paragraph (1) “accounting information”, in relation to a supply of goods or services, means information as to—

(a)the costs of the supply, including fixed costs and overheads;

(b)the manner in which fixed costs and overheads are calculated and apportioned for accounting purposes of the supplier; and

(c)the income attributable to the supply.

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Amendments (Textual)

18An order made by virtue of paragraph 15 or 17 may provide for the manner in which information is to be published or otherwise notified.

19An order may—

(a)require any person to supply information to the relevant authority;

(b)where the OFT is not the relevant authority, require any person to supply information to the OFT;

(c)provide for the publication, by the person who has received information by virtue of paragraph (a) or (b), of that information.

National securityE+W+S+N.I.

20(1)An order may make such provision as the person making the order considers to be appropriate in the interests of national security (within the meaning of section 58(1)).

(2)Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

Newspaper mergersE+W+S+N.I.

[F1620A(1)This paragraph applies in relation to any order—

(a)which is to be made following the giving of—

(i)an intervention notice which mentions a newspaper public interest consideration;

(ii)an intervention notice which mentions any other media public interest consideration in relation to a relevant merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise;

(iii)a special intervention notice which mentions a consideration specified in section 58(2A) or (2B); or

(iv)a special intervention notice which, in relation to a special merger situation in which one of the enterprises ceasing to be distinct is a newspaper enterprise, mentions a consideration specified in section 58(2C); and

(b)to which the consideration concerned is still relevant.

(2)The order may make such provision as the person making the order considers to be appropriate in all circumstances of the case.

(3)Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4)Provision made by virtue of this paragraph may, in particular, include provision—

(a)altering the constitution of a body corporate (whether in connection with the appointment of directors, the establishment of an editorial board or otherwise);

(b)requiring the agreement of the relevant authority or another person before the taking of particular action (including the appointment or dismissal of an editor, journalists or directors or acting as a shadow director);

(c)attaching conditions to the operation of a newspaper;

(d)prohibiting consultation or co-operation between subsidiaries.

(5)In this paragraph “newspaper public interest consideration” means a media public interest consideration other than one which is such a consideration—

(a)by virtue of section 58(2C); or

(b)by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting and a consideration that ought to have been specified in section 58.

(6)This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order concerned.]

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Amendments (Textual)

F16Sch. 8 para. 20A inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 387, 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. (subject to arts. 3(3), 11)

Maintaining the stability of the UK financial systemE+W+S+N.I.

[F1720B.(1)This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to the stability of the UK financial system) but not for any other purposes of Part 3 or 4 or any other enactment.

(2)The order may make such provision as the person making the order considers to be appropriate in the interest of maintaining the stability of the UK financial system.

(3)Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4)This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order.

(5)In this paragraph “relevant order” means an order—

(a)which is to be made following the giving of an intervention notice or special intervention notice which mentions the consideration specified in section 58(2D) (including, in the case of a notice given before the consideration was so specified, an intervention notice which mentions the consideration as a consideration which ought to be specified in section 58); and

(b)to which the consideration is still relevant.]

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Amendments (Textual)

F17Sch. 8 para. 20B and heading inserted (24.10.2008) (with application in accordance with art. 1(2) of the amending S.I.) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008 (S.I. 2008/2645), arts. 1(1), 4

Monitoring of compliance and determination of disputesE+W+S+N.I.

[F1820C(1)An order may provide for the appointment of one or more than one person (referred to in this paragraph as an “appointee”) by the relevant authority or by such other persons as may be specified or described in the order to—

(a)monitor compliance with such terms of the order as are so specified or described or terms of any directions given under the order;

(b)determine any dispute between persons who are subject to the order about what is required by any such terms.

(2)An order made by virtue of this paragraph must make provision as to the terms of an appointee's appointment.

(3)A determination made by virtue of an order under this paragraph is binding on—

(a)any person who is subject to the order;

(b)the relevant authority; and

(c)in the case where the relevant authority is the Secretary of State, the CMA.]

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Amendments (Textual)

F18Sch. 8 para. 20C and heading inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 49, 103(1)(i)(3)

SupplementaryE+W+S+N.I.

21(1)An order, as well as making provision in relation to all cases to which it may extend, may make provision in relation to—

(a)those cases subject to specified exceptions; or

(b)any particular case or class of case.

(2)An order may, in relation to the cases in relation to which it applies, make the full provision which may be made by it or any less provision (whether by way of exception or otherwise).

(3)An order may make provision for matters to be determined under the order.

(4)An order may—

(a)make different provision for different cases or classes of case or different purposes;

(b)make such transitional, transitory or saving provision as the person making it considers appropriate.

22(1)An order which may prohibit the doing of anything (or the refraining from doing anything) may in particular by virtue of paragraph 21(2) prohibit the doing of that thing (or the refraining from doing of it) except to such extent and in such circumstances as may be provided by or under the order.E+W+S+N.I.

(2)Any such order may, in particular, prohibit the doing of that thing (or the refraining from doing of it)—

(a)without the agreement of the relevant authority or another person; or

(b)by or in relation to a person who has not been approved by the relevant authority or another person.

InterpretationE+W+S+N.I.

23References in this Schedule to the notification of prices or other information are not limited to the notification in writing of prices or other information.

24In this Schedule “the relevant authority” means—

(a)in the case of an order to be made by the OFT, the OFT;

(b)in the case of an order to be made by the Commission, the Commission; and

(c)in the case of an order to be made by the Secretary of State, the Secretary of State.

Sections 86(5), 164(2) and 168(9)

SCHEDULE 9E+W+S+N.I.Certain amendments of sectoral enactments

Part 1 E+W+S+N.I.Power of enforcement orders to amend licence conditions etc.

Telecommunications Act 1984 (c. 12)E+W+S+N.I.

1

1[F19(1)Section 95 of the Telecommunications Act 1984 (modification of licence conditions by order) shall be amended as follows.

(2)For subsections (1) and (2) there shall be substituted—

(1)Where the Office of Fair Trading, the Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the revocation or modification of licences granted under section 7 above to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above, “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of a commercial activity connected with telecommunications; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of a commercial activity connected with telecommunications; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to commercial activities connected with telecommunications.

(3)For subsection (3) there shall be substituted—

(3)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.]

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Amendments (Textual)

F19Sch. 9 para. 1 repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and with Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1), Sch. 1 (with arts. 3(3), 11)

Airports Act 1986 (c. 31)E+W+S+N.I.

2(1)Section 54 of the Airports Act 1986 (modification of certain conditions in force under Part 4 of that Act) shall be amended as follows.

(2)For subsection (1) there shall be substituted—

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the revocation or modification of any relevant conditions to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(1A)In subsection (1) “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by an airport operator; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by an airport operator; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the carrying on of any operational activities relating to one or more than one airport.

(3)Subsection (3) shall cease to have effect.

(4)For subsection (4) there shall be substituted—

(4)Expressions used in subsection (1A) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

3In paragraph 13 of Schedule 1 to that Act—

(a)for “section 54(3)(b)” there shall be substituted “ section 54(1A) ”;

(b)for “the reference” there shall be substituted “ references ”; and

(c)for “a reference” there shall be substituted “ references ”.

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

4(1)Section 27 of the Gas Act 1986 (modification of licence conditions by order) shall be amended as follows.

(2)For subsection (1) there shall be substituted—

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of—

(a)the conditions of a particular licence; or

(b)the standard conditions of licences under section 7 above, licences under subsection (1) of section 7A above or licences under subsection (2) of that section,

to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(1ZA)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to—

(i)activities authorised or regulated by a licence; or

(ii)the storage of gas on terms which have been determined by the holder of a licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence.

(3)In subsection (2)—

(a)for the words “Secretary of State” there shall be substituted “ relevant authority ”;

(b)for the words “section, he” there shall be substituted “ section, the relevant authority ”; and

(c)for the words “as he considers” there shall be substituted “ as the relevant authority considers ”.

(4)Subsections (3) and (4) shall cease to have effect.

(5)In subsection (5)—

(a)for the words “Secretary of State” there shall be substituted “ relevant authority ”; and

(b)for the words “he”, in both places where they appear, there shall be substituted “ the relevant authority ”.

(6)For subsection (6) there shall be substituted—

(6)Expressions used in subsection (1ZA) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

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

5(1)Section 15 of the Electricity Act 1989 (modification of licence conditions by order) shall be amended as follows.

(2)For subsections (1) and (2) there shall be substituted—

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a particular licence, or the standard conditions of licences of any type mentioned in section 6(1), to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission, distribution or supply of electricity.

(3)For subsection (2B) there shall be substituted—

(2B)Where the relevant authority modifies under subsection (1) the standard conditions of licences of any type, the relevant authority—

(a)shall also make (as nearly as may be) the same modifications of those conditions for the purposes of their incorporation in licences of that type granted after that time; and

(b)may, after consultation with the Authority, make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any conditions of any licence of that type granted before that time.

(4)In subsection (2C)—

(a)for the words “Secretary of State” there shall be substituted “ relevant authority ”; and

(b)for the words “he”, in both places where they appear, there shall be substituted “the relevant authority”.

(5)For subsection (3) there shall be substituted—

(3)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

Broadcasting Act 1990 (c. 42)E+W+S+N.I.

6For section 193 of the Broadcasting Act 1990 (modification of networking arrangements in consequence of reports under competition legislation) there shall be substituted—

193 Modification of networking arrangements in consequence of competition legislation

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of any networking arrangements to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services.

(3)Expressions used in subsection (2) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part.

(4)In this section —

  • networking arrangements” means any such arrangements as are mentioned in section 39(1) above; and

  • regional Channel 3 service” has the meaning given by section 14(6) above.

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

7(1)Section 17 of the Water Industry Act 1991 (modification of conditions of appointment by order) shall be amended as follows.

(2)For subsections (1) and (2) there shall be substituted—

(1)Where the OFT, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may, subject to subsection (3), also provide for the modification of the conditions of a company’s appointment under this Chapter to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by a relevant undertaker; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by a relevant undertaker; or

(b)an order under section 160 or 161 of the 2002 Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition is—

(i)the structure or an aspect of the structure of a market for the supply of goods or services by a relevant undertaker; or

(ii)the conduct of a relevant undertaker or of customers of a relevant undertaker.

(3)For subsection (4) there shall be substituted—

(4)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.

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Commencement Information

I3Sch. 9 para. 7 not in force at Royal Assent see s. 279; Sch. 9 para. 7 in force at 20.6.2003 subject to art. 3(1) of the commencing S.I. by S.I. 2003/1397, art. 2(1), Sch.; Sch. 9 para. 7 in force for water purposes at 29.12.2004 by S.I. 2004/3233, art. 2, Sch.

8In section 36(1) of that Act (interpretation of Part 2 of that Act)—

(a)the definition of “the 1973 Act”, and the word “and” at the end of the definition, shall cease to have effect; and

(b)at the end of the subsection there shall be inserted—

the 2002 Act” means the Enterprise Act 2002;.

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Commencement Information

I4Sch. 9 para. 8 wholly in force at 29.12.2004; Sch. 9 para. 8 not in force at Royal Assent see s. 279; Sch. 9 para. 8(b) in force at 20.6.2003 by S.I. 2003/1397, art. 2(1), Sch., Sch. 9 para. 8(a) in force at 29.12.2004 by S.I. 2004/3233, art. 2, Sch.

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))E+W+S+N.I.

9For article 18 of the Electricity (Northern Ireland) Order 1992 (modification of licence conditions by order) there shall be substituted—

18 Modification by order under other statutory provisions

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this Article “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In paragraph (1) “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission or supply of electricity.

(3)In paragraph (2) expressions which are also used in Part 3 or, as the case may be, Part 4 of the Enterprise Act 2002 have the same meanings as in that Part of that Act.

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

10(1)Section 16 of the Railways Act 1993 (modification of licence conditions by order) shall be amended as follows.

(2)For subsections (1) and (2) there shall be substituted—

(1)Where the OFT, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the supply of services relating to railways; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the supply of services relating to railways; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the supply of services relating to railways.

(3)In subsection (3) for the words “Secretary of State” there shall be substituted “ relevant authority ”.

(4)For subsection (5) there shall be substituted—

(5)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that subsection as in that Part; and in subsection (2) above “services relating to railways” has the same meaning as in section 67(2A) of this Act.

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))E+W+S+N.I.

11(1)Article 45 of the Airports (Northern Ireland) Order 1994 (modification of certain conditions in force under Part 4 of that Order) shall be amended as follows.

F20(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Paragraph (3) shall cease to have effect.

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F2212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))E+W+S+N.I.

13(1)Article 18 of the Gas (Northern Ireland) Order 1996 (modification of licence conditions by order) shall be amended as follows.

(2)For paragraph (1) there shall be substituted—

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this Article “the relevant authority”) makes a relevant order, the order may also provide for the modification of—

(a)the conditions of a particular licence; or

(b)the standard conditions of licences under sub-paragraph (a), (b) or (c) of Article 8(1),

to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(1A)In paragraph (1) “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a licence.

(3)In paragraph (2)—

(a)for the words “Secretary of State modifies under paragraph (1)(ii)” there shall be substituted “ relevant authority modifies under paragraph (1)(b) ”; and

(b)for the word “he”, in both places where it appears, there shall be substituted “ the relevant authority ”.

(4)Paragraph (3) shall cease to have effect.

(5)In paragraph (4)—

(a)for the words “Secretary of State” there shall be substituted “ relevant authority ”; and

(b)for the word “he”, in both places where it appears, there shall be substituted “ the relevant authority ”.

(6)For paragraph (5) there shall be substituted—

(5)Expressions used in paragraph (1A) above and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meanings in that paragraph as in that Part.

Postal Services Act 2000 (c. 26)E+W+S+N.I.

F2314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Transport Act 2000 (c. 38)E+W+S+N.I.

15(1)Section 19 of the Transport Act 2000 (modification of licence conditions by order) shall be amended as follows.

(2)For subsections (1) to (4) there shall be substituted—

(1)Where the Office of Fair Trading, the Competition Commission or (as the case may be) the Secretary of State (in this section “the relevant authority”) makes a relevant order, the order may also provide for the modification of the conditions of a licence to such extent as may appear to the relevant authority to be requisite or expedient for the purpose of giving effect to, or taking account of, any provision made by the order.

(2)In subsection (1) above “relevant order” means—

(a)an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where—

(i)one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or

(ii)one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or

(b)an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services.

(3)In subsection (5) for the words “Secretary of State” there shall be substituted “ relevant authority ”.

(4)For subsection (6) there shall be substituted—

(6)Expressions used in subsection (2) above and in Part 3 or (as the case may be) Part 4 of the 2002 Act have the same meanings in that subsection as in that Part.

(5)In subsection (7) for the words “1973 Act is the Fair Trading Act 1973” there shall be substituted “ 2002 Act is the Enterprise Act 2002 ”.

Part 2 E+W+S+N.I.Application of Part 4 of this Act to sectoral regulators

Telecommunications Act 1984 (c. 12)E+W+S+N.I.

16

16[F24(1)Section 50 of the Telecommunications Act 1984 (application of monopoly provisions etc. to the Director General of Telecommunications) shall be amended as follows.

(2)For subsection (2) (monopoly functions to be exercisable concurrently by the Director General of Telecommunications) there shall be substituted—

(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the Office of Fair Trading.

(2A)This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with telecommunications.

(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)For subsection (4) there shall be substituted—

(4)Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(4A)Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(4)In subsection (6)—

(a)for the words “subsection (2)” there shall be substituted “ subsection (2A) ”;

(b)the words from “or paragraph” to “Act 1994” shall cease to have effect; and

(c)for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(5)For subsection (6A) there shall be substituted—

(6A)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director.

(6)Subsection (7) shall cease to have effect.]

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Amendments (Textual)

F24Sch. 9 para. 16 repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and with Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1), Sch. 1 (with arts. 3(3), 11)

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

17(1)Section 36A of the Gas Act 1986 (application of monopoly provisions etc. to the Gas and Electricity Markets Authority) shall be amended as follows.

(2)For subsection (2) (monopoly functions to be exercisable concurrently by the Gas and Electricity Markets Authority) there shall be substituted—

(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the Office of Fair Trading.

(2A)This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the carrying on of activities to which this subsection applies.

(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)In subsection (4) for the word “(2)” there shall be substituted “ (2A) ”.

(4)For subsection (5) there shall be substituted—

(5)Before the Office of Fair Trading or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.

(5A)Neither the Office of Fair Trading nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(5)In subsection (7) for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(6)For subsection (8) there shall be substituted—

(8)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Authority by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Authority.

(7)Subsection (9) shall cease to have effect.

(8)In subsection (10) for the words “mentioned in subsection (2) or (3) above” there shall be substituted “ exercisable by the Authority by virtue of subsection (2) or (3) above ”.

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

18(1)Section 43 of the Electricity Act 1989 (application of monopoly provisions etc. to the Gas and Electricity Markets Authority) shall be amended as follows.

(2)For subsection (2) (monopoly functions to be exercisable concurrently by the Gas and Electricity Markets Authority) there shall be substituted—

(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Authority and the Office of Fair Trading.

(2A)This subsection applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the generation, transmission or supply of electricity.

(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Authority (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)For subsection (4) there shall be substituted—

(4)Before the Office of Fair Trading or the Authority first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, it shall consult the other.

(4A)Neither the Office of Fair Trading nor the Authority shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(4)In subsection (6)—

(a)for the word “(2)” there shall be substituted “ (2A) ”;

(b)the words from“or paragraph” to “Act 1994” shall cease to have effect; and

(c)for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(5)For subsection (6A) there shall be substituted—

(6A)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Authority by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Authority.

(6)Subsection (7) shall cease to have effect.

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

19(1)Section 31 of the Water Industry Act 1991 (application of monopoly provisions etc. to the Director General of Water Services) shall be amended as follows.

(2)For subsection (2) (monopoly functions to be exercisable concurrently by the Director General of Water Services) there shall be substituted—

(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Director and the OFT.

(2A)This subsection applies to the functions of the OFT under Part 4 of the 2002 Act (other than sections 166 and 171) so far as relating to commercial activities connected with the supply of water or the provision of sewerage services.

(3)For subsection (4) there shall be substituted—

(4)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the 2002 Act to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(4)For subsections (5) and (6) there shall be substituted—

(5)Before the OFT or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(6)Neither the OFT nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(5)In subsection (8)—

(a)the words from “or paragraph” to “Act 1994” shall cease to have effect; and

(b)for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the 2002 Act ”.

(6)For subsection (8A) there shall be substituted—

(8A)Section 117 of the 2002 Act (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Director.

(7)Subsection (9) shall cease to have effect.

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))E+W+S+N.I.

20(1)Article 46 of the Electricity (Northern Ireland) Order 1992 (application of monopoly provisions etc. to the Director General of Electricity Supply for Northern Ireland) shall be amended as follows.

(2)For paragraph (2) (monopoly functions to be exercisable concurrently by the Director) there shall be substituted—

(2)The functions to which paragraph (2A) applies shall be concurrent functions of the Director and the Office of Fair Trading.

(2A)This paragraph applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the generation, transmission or supply of electricity.

(2B)So far as necessary for the purposes of, or in connection with, paragraphs (2) and (2A), references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)For paragraph (4) there shall be substituted—

(4)Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2), it or he shall consult the other.

(4A)Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2) if functions which are so exercisable have been exercised in relation to that matter by the other.

(4)In paragraph (6)—

(a)for the words “paragraph (2)” there shall be substituted “ paragraph (2A) ”;

(b)the words from “or paragraph” to “Act 1994” shall cease to have effect; and

(c)for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(5)For paragraph (6A) there shall be substituted—

(6A)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of paragraph (2) as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director.

(6)Paragraph (7) shall cease to have effect.

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

21(1)Section 67 of the Railways Act 1993 (application of monopoly provisions etc. to the Rail Regulator) shall be amended as follows.

(2)For subsection (2) (monopoly functions to be exercisable concurrently by the Rail Regulator) there shall be substituted—

(2)The functions to which subsection (2A) below applies shall be concurrent functions of the Regulator and the OFT.

(2A)This subsection applies to the functions of the OFT under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to the supply of services relating to railways.

(2B)So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Regulator (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)In subsection (3ZA) for the words “subsection (3)” there shall be substituted “ subsections (2A) and (3) ”.

(4)For subsection (4) there shall be substituted—

(4)Before the OFT or the Regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(4A)Neither the OFT nor the Regulator shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other.

(5)In subsection (7)—

(a)for the words “on a monopoly reference” there shall be substituted “ under section 136 or 142 of the Enterprise Act 2002 ”;

(b)the words from “was made” to “that it” shall cease to have effect; and

(c)for the word “him” there shall be substituted “ the Regulator ”.

(6)In subsection (8)—

(a)for the word “(2)” there shall be substituted “ (2A) ”;

(b)the words from “or paragraph” to “Act 1994” shall cease to have effect; and

(c)for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(7)For subsection (9) there shall be substituted—

(9)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Regulator by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Regulator.

(8)Subsection (10) shall cease to have effect.

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))E+W+S+N.I.

22(1)Article 23 of the Gas (Northern Ireland) Order 1996 (application of monopoly provisions etc. to the Director General of Gas for Northern Ireland) shall be amended as follows.

(2)For paragraph (2) (monopoly functions to be exercisable concurrently by the Director) there shall be substituted—

(2)The functions to which paragraph (2A) applies shall be concurrent functions of the Director and the Office of Fair Trading.

(2A)This paragraph applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the conveyance, storage or supply of gas.

(2B)So far as necessary for the purposes of, or in connection with, paragraphs (2) and (2A), references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires).

(3)For paragraph (4) there shall be substituted—

(4)Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2), it or he shall consult the other.

(4A)Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2) if functions which are so exercisable have been exercised in relation to that matter by the other.

(4)In paragraph (6) for the words “Part IV or section 86 or 88 of the 1973 Act” there shall be substituted “ Part 4 of the Enterprise Act 2002 ”.

(5)For paragraph (7) there shall be substituted—

(7)Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of paragraph (2) as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director.

(6)Paragraph (8) shall cease to have effect.

(7)In paragraph (9) for the words “mentioned in paragraph (2) or (3)” there shall be substituted “ exercisable by the Director by virtue of paragraph (2) or (3) ”.

Transport Act 2000 (c. 38)E+W+S+N.I.

23(1)Section 85 of the Transport Act 2000 (interpretation of Chapter V) shall be amended as follows.

(2)In subsection (1) for paragraph (a) there shall be substituted—

(a)the 2002 Act is the Enterprise Act 2002;.

(3)In subsection (3)—

(a)the words “the 1973 Act or” shall cease to have effect; and

(b)for the words “Act concerned” there shall be substituted “ 1998 Act ”.

24(1)Section 86 of that Act (functions exercisable by the CAA and the Director) shall be amended as follows.E+W+S+N.I.

(2)For subsection (2) there shall be substituted—

(2)This subsection applies to the OFT’s functions under Part 4 of the 2002 Act (other than sections 166 and 171) so far as they relate to the supply of air traffic services.

(3)In subsection (4)(a) for the words from the beginning to “Act” there shall be substituted “ Part 4 of the 2002 Act (except for sections 166 and 171 but including provisions of that Act applied by that Part) ”.

(4)In subsection (7)(a) for the words from the beginning to “Act” there shall be substituted “ Part 4 of the 2002 Act ”.

25In section 87 of that Act (CAA’s 1973 Act functions) for the word “1973”, wherever it appears, there shall be substituted “ 2002 ”.

26In section 89 of that Act (carrying out functions) for the word “1973”, wherever it appears, there shall be substituted “ 2002 ”.

Section 90

SCHEDULE 10E+W+S+N.I.Procedural requirements for certain enforcement undertakings and orders

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Modifications etc. (not altering text)

Requirements for accepting undertakings and making ordersE+W+S+N.I.

1Paragraph 2 applies in relation to—

(a)any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than an undertaking under the enactment concerned which varies an undertaking under that enactment but not in any material respect); and

(b)any order under section 75, 83 or 84 or paragraph 5, 10 or 11 of Schedule 7 (other than an order under the enactment concerned which is a revoking order of the kind dealt with by paragraphs 6 to 8 below).

2(1)Before accepting an undertaking to which this paragraph applies or making an order to which this paragraph applies, the OFT, the Commission or (as the case may be) the Secretary of State (in this Schedule “the relevant authority”) shall—E+W+S+N.I.

(a)give notice of the proposed undertaking or (as the case may be) order; and

(b)consider any representations made in accordance with the notice and not withdrawn.

(2)A notice under sub-paragraph (1) shall state—

(a)that the relevant authority proposes to accept the undertaking or (as the case may be) make the order;

(b)the purpose and effect of the undertaking or (as the case may be) order;

(c)the situation that the undertaking or (as the case may be) order is seeking to deal with;

(d)any other facts which the relevant authority considers justify the acceptance of the undertaking or (as the case may be) the making of the order;

(e)a means of gaining access to an accurate version of the proposed undertaking or (as the case may be) order at all reasonable times; and

(f)the period (not less than 15 days starting with the date of publication of the notice in the case of an undertaking and not less than 30 days starting with that date in the case of an order) within which representations may be made in relation to the proposed undertaking or (as the case may be) order.

(3)A notice under sub-paragraph (1) shall be given by—

(a)in the case of a proposed order, serving on any person identified in the order as a person on whom a copy of the order should be served a copy of the notice and a copy of the proposed order; and

(b)in every case, publishing the notice.

(4)The relevant authority shall not accept the undertaking with modifications or (as the case may be) make the order with modifications unless the relevant authority—

(a)gives notice of the proposed modifications; and

(b)considers any representations made in accordance with the notice and not withdrawn.

(5)A notice under sub-paragraph (4) shall state—

(a)the proposed modifications;

(b)the reasons for them; and

(c)the period (not less than 7 days starting with the date of the publication of the notice under sub-paragraph (4)) within which representations may be made in relation to the proposed modifications.

(6)A notice under sub-paragraph (4) shall be given by—

(a)in the case of a proposed order, serving a copy of the notice on any person identified in the order as a person on whom a copy of the order should be served; and

(b)in every case, publishing the notice.

3(1)If, after giving notice under paragraph 2(1) or (4), the relevant authority decides—E+W+S+N.I.

(a)not to accept the undertaking concerned or (as the case may be) make the order concerned; and

(b)not to proceed by virtue of paragraph 5;

the relevant authority shall give notice of that decision.

(2)A notice under sub-paragraph (1) shall be given by—

(a)in the case of a proposed order, serving a copy of the notice on any person identified in the order as a person on whom a copy of the order should be served; and

(b)in every case, publishing the notice.

4As soon as practicable after accepting an undertaking to which paragraph 2 applies or (as the case may be) making an order to which that paragraph applies, the relevant authority shall (except in the case of an order which is a statutory instrument)—

(a)serve a copy of the undertaking on any person by whom it is given or (as the case may be) serve a copy of the order on any person identified in the order as a person on whom a copy of the order should be served; and

(b)publish the undertaking or (as the case may be) the order.

5(1)The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority—E+W+S+N.I.

(a)has already given notice under paragraph 2(1) but not paragraph 2(4) in relation to the proposed undertaking or order; and

(b)considers that the modifications which are now being proposed are not material in any respect.

(2)The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority—

(a)has already given notice under paragraphs 2(1) and (4) in relation to the matter concerned; and

(b)considers that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 2(4).

Termination of undertakings and ordersE+W+S+N.I.

6Paragraph 7 applies where the relevant authority is proposing to—

(a)release any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than in connection with accepting an undertaking under the enactment concerned which varies or supersedes an undertaking under that enactment); or

(b)revoke any order under section 75, 83 or 84 or paragraph 5, 10 or 11 of Schedule 7 (other than in connection with making an order under the enactment concerned which varies or supersedes an order under that enactment).

7(1)Before releasing an undertaking to which this paragraph applies or (as the case may be) revoking an order to which this paragraph applies, the relevant authority shall—E+W+S+N.I.

(a)give notice of the proposed release or (as the case may be) revocation; and

(b)consider any representations made in accordance with the notice and not withdrawn.

(2)A notice under sub-paragraph (1) shall state—

(a)the fact that a release or (as the case may be) revocation is proposed;

(b)the reasons for it; and

(c)the period (not less than 15 days starting with the date of publication of the notice in the case of an undertaking and not less than 30 days starting with that date in the case of an order) within which representations may be made in relation to the proposed release or (as the case may be) revocation.

(3)If after giving notice under sub-paragraph (1) the relevant authority decides not to proceed with the release or (as the case may be) the revocation, the relevant authority shall give notice of that decision.

(4)A notice under sub-paragraph (1) or (3) shall be given by—

(a)serving a copy of the notice on the person who gave the undertaking which is being released or (as the case may be) on any person identified in the order being revoked as a person on whom a copy of the order should be served; and

(b)publishing the notice.

8As soon as practicable after releasing the undertaking or making the revoking order, the relevant authority shall (except in the case of an order which is a statutory instrument)—

(a)serve a copy of the release of the undertaking on the person who gave the undertaking or (as the case may be) serve a copy of the revoking order on any person identified in the order being revoked as a person on whom a copy of that order should be served; and

(b)publish the release or (as the case may be) the revoking order.

Power to dispense with the requirements of the ScheduleE+W+S+N.I.

9The relevant authority may dispense with any or all of the requirements of this Schedule if the relevant authority considers that the relevant authority has special reasons for doing so.

Section 185

SCHEDULE 11E+W+S+N.I.The Competition Commission

1Schedule 7 to the 1998 Act is amended as follows.

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Commencement Information

I5Sch. 11 para. 1 partly in force; Sch. 11 para. 1 not in force at Royal Assent see s. 279; Sch. 11 para. 1 in force for certain purposes on 1.4.2003 by S.I. 2003/766, art. 2, Sch.; 20.6.2003 by S.I. 2003/1397, art. 2(1), Sch.; 29.12.2004 by S.I. 2004/3233, art. 2, Sch.

2In paragraph 1 (interpretation), after the definition of “newspaper merger reference” there is inserted—

newspaper panel member” means a member of the panel maintained under paragraph 22;.

3In paragraph 2 (appointment of members)—

(a)in sub-paragraph (1)(c), for the words from the beginning to “from” there is substituted “ the members of ”;

(b)in sub-paragraph (1), after paragraph (d) there is inserted—

(e)one or more members appointed by the Secretary of State to serve on the Council.;

(c)after sub-paragraph (1) there is inserted—

(1A)A person may not be, at the same time, a member of the Commission and a member of the Tribunal.;

(d)in sub-paragraph (2), for “(a)” there is substituted “ (aa) ”; and

(e)in sub-paragraph (3), before paragraph (b) there is inserted—

(aa)a newspaper panel member;.

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Commencement Information

I6Sch. 11 para. 3 wholly in force at 20.6.2003; Sch. 11 para. 3 not in force at Royal Assent see s. 279; Sch. 11 para. 3(a)(b)(d)(e) in force at 1.4.2003 by S.I. 2003/766, art. 2, Sch., Sch. 11 para. 3(c) in force at 20.6.2003 by S.I. 2003/1397, art. 2(1), Sch.

4In paragraph 5 (the Council)—

(a)in sub-paragraph (1), the word “management” shall cease to have effect;

(b)in sub-paragraph (2)(a), after “Chairman” there is inserted “ and any deputy chairmen of the Commission ”;

(c)in sub-paragraph (2), before paragraph (c) there is inserted—

(bb)the member or members appointed under paragraph 2(1)(e);;

and

(d)after sub-paragraph (3) there is inserted—

(3A)Without prejudice to the question whether any other functions of the Commission are to be so discharged, the functions of the Commission under sections 106, 116, and 171 of the Enterprise Act 2002 (and under section 116 as applied for the purposes of references under Part 4 of that Act by section 176 of that Act) are to be discharged by the Council.

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Commencement Information

I7Sch. 11 para. 4 wholly in force at 20.6.2003; Sch. 11 para. 4 not in force at Royal Assent see s. 279; Sch. 11 para. 4(a)-(c) in force at 1.4.2003 by S.I. 2003/766, art. 2, Sch., Sch. 11 para. 4(d) in force at 20.6.2003 by S.I. 2003/1397, art. 2(1) Sch.

5In paragraph 6 (terms of appointment)—

(a)in sub-paragraph (2), for “five years at a time” there is substituted “ eight years (but this does not prevent a re-appointment for the purpose only of continuing to act as a member of a group selected under paragraph 15 before the end of his term of office) ”; and

(b)sub-paragraph (5) shall cease to have effect.

6Paragraph 7(4) (approval of Treasury) shall cease to have effect.

7Before paragraph 8 there is inserted—

7AThe Commission may publish advice and information in relation to any matter connected with the exercise of its functions.

8In paragraph 9 (staff)—

(a)sub-paragraph (2), and in sub-paragraph (3) the words “and the President”, shall cease to have effect;

(b)in sub-paragraph (4), for paragraphs (a) and (b) there is substituted “ the Secretary of State as to numbers and terms and conditions of service ”.

9Paragraph 10 (procedure) shall cease to have effect.

10(1)Paragraph 15 (discharge of certain functions by groups) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1), after “sub-paragraph (7)” there is inserted “ or (8) ”.

(3)For sub-paragraph (5) (members of newspaper panel) there is substituted—

(5)The Chairman must select one or more newspaper panel members to be members of the group dealing with functions relating to a newspaper merger reference and, if he selects at least three such members, the group may consist entirely of those members.

(4)In sub-paragraph (7) (Chairman’s role in setting aside merger references), paragraph (b) (and the word “or” before it) shall cease to have effect.

(5)After sub-paragraph (7) there is inserted—

(8)The Chairman may exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 while a group is being constituted to perform a relevant general function of the Commission or, when it has been so constituted, before it has held its first meeting.

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Commencement Information

I8Sch. 11 para. 10 partly in force; Sch. 11 para. 10 not in force at Royal Assent see s. 279; Sch. 11 para. 10(1) in force for certain purposes and para. 10(3) in force on 1.4.2003 by S.I. 2003/766, art. 2, Sch.; Sch. 11 para. 10(2)(5) in force and Sch. 11 para. 10(1)(4) in force for certain purposes at 20.6.2003 by S.I. 2003/1397, art. 2(1), Sch.; Sch. 11 para. 10(4) in force for certain further purposes at 29.12.2004 by S.I. 2004/3233, art. 2, Sch.

11(1)Paragraph 20 (requirement for two-thirds majority on reports) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1), for “sub-paragraph (2)” there is substituted “ sub-paragraphs (2) to (9) ”.

(3)For sub-paragraph (2) there is substituted—

(2)For the purposes of Part 3 of the Enterprise Act 2002 (mergers) any decision of a group under section 35(1) or 36(1) of that Act (questions to be decided on non-public interest merger references) that there is an anti-competitive outcome is to be treated as a decision under that section that there is not an anti-competitive outcome if the decision is not that of at least two-thirds of the members of the group.

(3)For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group—

(a)any decision of a group under section 47 of that Act (questions to be decided on public interest merger references) that a relevant merger situation has been created is to be treated as a decision under that section that no such situation has been created;

(b)any decision of a group under section 47 of that Act that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

(c)any decision of a group under section 47 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation; and

(d)any decision of a group under section 47 of that Act that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation may be expected not to result in such a substantial lessening of competition.

(4)For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group—

(a)any decision of a group under section 63 of that Act (questions to be decided on special public interest merger references) that a special merger situation has been created is to be treated as a decision under that section that no such situation has been created; and

(b)any decision of a group under section 63 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation.

(5)For the purposes of Part 4 of the Act of 2002 (market investigations), if the decision is not that of at least two-thirds of the members of the group, any decision of a group under section 134 or 141 (questions to be decided on market investigation references) that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom is to be treated as a decision that the feature or (as the case may be) combination of features does not prevent, restrict or distort such competition.

(6)Accordingly, for the purposes of Part 4 of the Act of 2002, a group is to be treated as having decided under section 134 or 141 that there is no adverse effect on competition if—

(a)one or more than one decision of the group is to be treated as mentioned in sub-paragraph (5); and

(b)there is no other relevant decision of the group.

(7)In sub-paragraph (6) “relevant decision” means a decision which is not to be treated as mentioned in sub-paragraph (5) and which is that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

(8)Expressions used in sub-paragraphs (2) to (7) shall be construed in accordance with Part 3 or (as the case may be) 4 of the Act of 2002.

(9)Sub-paragraph (1) is also subject to specific provision made by or under other enactments about decisions which are not decisions of at least two-thirds of the members of a group.

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Commencement Information

I9Sch. 11 para. 11 not in force at Royal Assent see s. 279; Sch. 11 para. 11 in force at 20.6.2003 subject to art. 3(1) of the commencing S.I. by S.I. 2003/1397, art. 2(1), Sch.; Sch. 11 para. 11 in force for water purposes at 29.12.2004 by S.I. 2004/3233, art. 2, Sch.

12In paragraph 22 (panel of persons to act in newspaper merger references), for the words from the beginning to “suitable” there is substituted “ There are to be members of the Commission appointed by the Secretary of State to form a panel of persons available ”.

Section 187

SCHEDULE 12E+W+S+N.I.Competition Commission: certain procedural rules

SCHEDULE 7AE+W+S+N.I.the competition commission: procedural rules for mergers and market references etc.

1In this Schedule—

  • market investigation” means an investigation carried out by a market reference group in connection with a reference under section 131 or 132 of the Enterprise Act 2002 (including that section as it has effect by virtue of another enactment);

  • market reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

  • merger investigation” means an investigation carried out by a merger reference group in connection with a reference under section 59 of the Fair Trading Act 1973 (c. 41), section 32 of the Water Industry Act 1991 (c. 56) or section 22, 33, 45 or 62 of the Act of 2002;

  • merger reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

  • relevant group” means a market reference group, merger reference group or special reference group;

  • special investigation” means an investigation carried out by a special reference group—

    (a)

    in connection with a reference under a provision mentioned in any of paragraphs (a) to (l) and (n) of the definition of “special reference group” in paragraph 19A(9) of Schedule 7 to this Act; or

    (b)

    under a provision mentioned in paragraph (m) of that definition; and

  • special reference group” has the meaning given by paragraph 19A(9) of Schedule 7 to this Act.

2Rules may make provision—

(a)for particular stages of a merger investigation, a market investigation or a special investigation to be dealt with in accordance with a timetable and for the revision of that timetable;

(b)as to the documents and information which must be given to a relevant group in connection with a merger investigation, a market investigation or a special investigation;

(c)as to the documents or information which a relevant group must give to other persons in connection with such an investigation.

3Rules made by virtue of paragraph 2(a) and (b) may, in particular, enable or require a relevant group to disregard documents or information given after a particular date.

4Rules made by virtue of paragraph 2(c) may, in particular, make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

5Rules may make provision as to the quorum of relevant groups.

6Rules may make provision—

(a)as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration which is specified or described in the rules are allowed—

(i)to be (either by themselves or by their representatives) present before a relevant group or heard by that group;

(ii)to cross-examine witnesses; or

(iii)otherwise to take part;

(b)as to the extent (if any) to which sittings of a relevant group are to be held in public; and

(c)generally in connection with any matters permitted by rules made under paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

7Rules may make provision for—

(a)the notification or publication of information in relation to merger investigations, market investigations or special investigations;

(b)consultation about such investigations.

Section 210

SCHEDULE 13E+W+S+N.I.Listed Directives [F25and Regulations]

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Amendments (Textual)

Part 1E+W+S+N.I.Directives [F26and Regulations]

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Amendments (Textual)

F26Sch. 13 Pt. 1: words in heading inserted (8.1.2007) by The Enterprise Act 2002 (Amendment) Regulations 2006 (S.I. 2006/3363), reg. 22(2)(a)

F271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

2Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises.

F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F28Sch. 13 para. 3 omitted (1.2.2011) (with application in accordance with, regs. 100, 101 of the amending S.I.) by virtue of The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 46(a), 99(1)

4Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

5Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

F296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

[F307AF31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

7BDirective 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers M1.]

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Amendments (Textual)

Marginal Citations

M1OJ No. L 80, 18.3.1998, p. 27.

8Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

9Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (“Directive on electronic commerce”).

[F329ADirective 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC.]

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Amendments (Textual)

[F339BRegulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights M2.]

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Amendments (Textual)

Marginal Citations

M2OJ No. L 46, 17.2.2004, p 1.

[F349CDirective 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.]

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Amendments (Textual)

[F359D.Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.]

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Amendments (Textual)

F35Sch. 13 para. 9D inserted (28.12.2009) by The Provision of Services Regulations 2009 (S.I. 2009/2999), regs. 1(2), 48 (with regs. 2, 5)

[F369D.Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC.]

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Amendments (Textual)

F36Sch. 13 para. 9D inserted (1.2.2011) (with application in accordance with regs. 100, 101 of the amending S.I.) by The Consumer Credit (EU Directive) Regulations 2010 (S.I. 2010/1010), regs. 46(b), 99(1)

[F379EDirective 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.]

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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.

Amendments (Textual)

Part 2E+W+S+N.I.Provisions of directives

10Articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC.

[F3811[F39Articles 86 to 100] of the Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use as read with—

(a)Directive 2004/24/EC of the European Parliament and of the Council amending, as regards traditional herbal medicinal products, the code, and

(d)Directive 2004/27/EC of the European Parliament and of the Council also amending the code.]

Annotations: Help about Annotation
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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.

Amendments (Textual)

[F4012.Article 13 of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).]

Annotations: Help about Annotation
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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.

Amendments (Textual)

Sections 238 and 243

SCHEDULE 14E+W+S+N.I.Specified functions

  • [F41Parts 1, F42..., 3, 4, 5, 6, 7, 8 and 11 of the Fair Trading Act 1973 (c. 41).]

  • Trade Descriptions Act 1968 (c. 29).

  • [F43Hallmarking Act 1973 (c. 43).]

  • Prices Act 1974 (c. 24).

  • Consumer Credit Act 1974 (c. 39).

  • [F44Customs and Excise Management Act 1979 (c. 12).]

  • Estate Agents Act 1979 (c. 38).

  • Competition Act 1980 (c. 21).

  • [F45Video Recordings Act 1984 (c. 39).]

  • Consumer Protection Act 1987 (c. 43).

  • [F46Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)).

  • Copyright, Designs and Patents Act 1988 (c. 48).]

  • F47...

  • F48...

  • [F49Clean Air Act 1993 (c. 11)

  • [F50Value Added Tax Act 1994 (c. 23).]

  • Trade Marks Act 1994 (c. 26).]

  • Competition Act 1998 (c. 41).

  • [F51Chapter 4 of Part 9A] of the Financial Services and Markets Act 2000 (c. 8).

  • An order made under section 95 of that Act.

  • [F52Fireworks Act 2003.]

  • [F53Compensation Act 2006 (c.29)]

  • [F54Consumers, Estate Agents and Redress Act 2007.]

  • [F55Groceries Code Adjudicator Act 2013.]

Annotations: Help about Annotation
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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.

Amendments (Textual)

F44Sch. 14: entry inserted (31.10.2003) by The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) (No. 2) Order 2003 (S.I. 2003/2580, art. 3, Sch. para. 2

F52Sch. 14: entry inserted (E.W.S.) (28.11.2003 and 15.7.2004 for certain purposes and otherwise prosp.) by Fireworks Act 2003 (c. 22), ss. 12(3), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art. 2, Sch.

Section 241

SCHEDULE 15E+W+S+N.I.Enactments conferring functions

Annotations: Help about Annotation
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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.

Modifications etc. (not altering text)

C17Sch. 15 modified by The Wireless Telegraphy (Pre-Consolidation Amendments) Order 2006 (S.I. 2006/1391), arts. 1, 2, Sch. para. 7(3)(i) (the said S.I. coming into force immediately before the commencement of the Act resulting from the Wireless Telegraphy Bill introduced in the House of Lords on 20.4.2006 - the Wireless Telegraphy Act 2006 (c. 36) came into force on 8.2.2007, see s. 126 of the said Act)

  • Gun Barrel Proof Act 1868 (cap 113).

  • Gun Barrel Proof Act 1950 (cap 3).

  • Trade Descriptions Act 1968.

  • Unsolicited Goods and Services Act 1971 (c. 30).

  • Fair Trading Act 1973.

  • Hallmarking Act 1973 (c. 43).

  • Prices Act 1974.

  • [F56the relevant statutory provisions within the meaning of Part I of the Health and Safety at Work etc. Act 1974 (c. 37).]

  • Consumer Credit Act 1974.

  • [F57Unsolicited Goods and Services (Northern Ireland) Order 1976 (S.I. 1976/57 (N.I. 1).]

  • Gun Barrel Proof Act 1978 (c. 9).

  • [F58the relevant statutory provisions within the meaning of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)).]

  • Estate Agents Act 1979.

  • Competition Act 1980.

  • [F59Weights and Measures (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10)).]

  • National Audit Act 1983 (c. 44).

  • Telecommunications Act 1984 (c. 12).

  • [F60Video Recordings Act 1984 (c. 39).]

  • F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Weights and Measures Act 1985 (c. 72).

  • Airports Act 1986 (c. 31).

  • Gas Act 1986 (c. 44).

  • [F62Insolvency Act 1986 (c. 45).]

  • [F63Company Directors Disqualification Act 1986 (c. 46).]

  • Financial Services Act 1986 (c. 60).

  • F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Consumer Protection Act 1987 (c. 43).

  • [F64Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20)).]

  • [F65Banking Act 1987 (c. 22).]

  • [F66Education Reform Act 1988 (c. 40).]

  • Copyright, Designs and Patents Act 1988 (c. 48).

  • [F67The Education (Unrecognised Degrees) (Northern Ireland) Order 1988 (S.I. 1988/1989 (N.I. 22)).]

  • Water Act 1989 (c. 15).

  • Electricity Act 1989 (c. 29).

  • [F68Companies Act 1989 (c. 40).]

  • F69[F70...]

  • [F71Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).]

  • F69[F72...]

  • [F73Companies No. 2 (Northern Ireland) Order 1990 (S.I. 1990/1504 (N.I. 10)).]

  • Courts and Legal Services Act 1990 (c. 41).

  • Broadcasting Act 1990 (c. 42).

  • F74...

  • Water Industry Act 1991 (c. 56).

  • Water Resources Act 1991 (c. 57).

  • Statutory Water Companies Act 1991 (c. 58).

  • Land Drainage Act 1991 (c. 59).

  • [F75Water Consolidation (Consequential Provisions) Act 1991 (c. 60).]

  • F76...

  • [F77Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)).]

  • [F78Clean Air Act 1993 (c. 11).]

  • Railways Act 1993 (c. 43).

  • Coal Industry Act 1994 (c. 21).

  • Trade Marks Act 1994 (c. 26).

  • [F79Part IV of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)).]

  • Gas Act 1995 (c. 45).

  • Broadcasting Act 1996 (c. 55).

  • [F80Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)).]

  • Competition Act 1998 (c. 41).

  • Financial Services and Markets Act 2000 (c. 8).

  • Government Resources and Accounts Act 2000 (c. 20).

  • Postal Services Act 2000 (c. 26).

  • Utilities Act 2000 (c. 27).

  • [F81Transport Act 2000 (c. 38).]

  • [F82Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)).]

  • [F83Communications Act 2003.]

  • [F84Fireworks Act 2003.]

  • [F85Water Act 2003 (c. 37).]

  • [F86Railways Act 2005 (c. 14)]

  • [F87Gambling Act 2005 (c.19)]

  • [F88Compensation Act 2006 (c.29).

  • Wireless Telegraphy Act 2006 (c.36).]

  • [F89Water and Sewerage Services (Northern Ireland) Order 2006]

  • [F90the Companies Acts (as defined in section 2 of the Companies Act 2006)]

  • [F91Consumers, Estate Agents and Redress Act 2007.]

  • [F92Postal Services Act 2011.]

  • [F93Airport Charges Regulations 2011.]

  • [F94Civil Aviation Act 2012.]

  • [F95Groceries Code Adjudicator Act 2013.]

Annotations: Help about Annotation
Close

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.

Amendments (Textual)