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Enterprise Act 2002
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- 2002 c. 40
- Part 4
- Chapter 1
- Making of references
- Section 132
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- Act modified in part by 2012 c. 19 s. 60(3)
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
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- s. 218A inserted by S.I. 2008/1277 reg. 27
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- S.I. 2003/3340 art. 2 3 amendment to earlier commencing SI 2003/2093 Sch. 2
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/766 art. 2 Sch. commences (2002 c. 40)
- S.I. 2003/1397 art. 2(1) Sch. commences (2002 c. 40)
- S.I. 2003/1900 art. 2(1) Sch. 1 art. 2(2) Sch. 2 commences (2003 c. 21)
- S.I. 2003/2681 art. 2 commences (2003 c. 20)
- S.I. 2003/2938 art. 6(a) commences (2003 c. 26)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2003/3142 art. 3(2) commences (2003 c. 21)
- S.I. 2004/3322 art. 2(3) Sch. 3 commences (2004 c. 27)
- S.I. 2005/910 art. 3(aa) commences (2003 c. 39)
- S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(x) art. 2(a) Sch. 1 para 30(b) commences (2005 c. 4)
- S.I. 2006/1997 art. 3(2) commences (2004 c. 30)
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/831 art. 3 commences (2006 c. 14)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2008/2696 art. 2 5 6 commences (2007 c. 15)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3250 art. 2(c)(i) commences (2007 c. 29)
- S.I. 2009/3294 art. 2 commences (2008 c. 26)
- S.I. 2010/2169 art. 4 Sch. commences (2010 c. 29)
- S.I. 2011/2329 art. 3 commences (2011 c. 5)
- S.I. 2012/1319 art. 2(3) commences (2012 c. 7)
132 Ministerial power to make referencesE+W+S+N.I.
Explanatory NotesShow EN
(1)Subsection (3) applies where, in relation to any goods or services, the appropriate Minister is not satisfied with a decision of the OFT not to make a reference under section 131.
(2)Subsection (3) also applies where, in relation to any goods or services, the appropriate Minister—
(a)has brought to the attention of the OFT information which the appropriate Minister considers to be relevant to the question of whether the OFT should make a reference under section 131; but
(b)is not satisfied that the OFT will decide, within such period as the appropriate Minister considers to be reasonable, whether to make such a reference.
(3)The appropriate Minister may, subject to subsection (4), make a reference to the Commission if he has reasonable grounds for suspecting that any feature, or combination of features, of a market in the United Kingdom for goods or services 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.
(4)No reference shall be made under this section if the making of the reference is prevented by section 156(1).
(5)In this Part “the appropriate Minister” means—
(a)the Secretary of State; or
(b)the Secretary of State and one or more than one other Minister of the Crown acting jointly.
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