Enterprise Act 2002

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Enterprise Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to :

Changes and effects

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s. 168 words substituted by 2003 c. 20 Sch. 2 para. 19(u)
s. 168(3)s. 168(4)(c) words substituted by S.I. 2012/2400 art. 31
s. 168(3)(b) omitted by 2012 c. 19 Sch. 9 para. 14(2)(a)
s. 168(3)(c) words substituted by S.I. 2012/2400 art. 31
s. 168(3)(l) and word omitted by 2011 c. 5 Sch. 12 para. 164(2)(a)
s. 168(3)(o) inserted by 2011 c. 5 Sch. 12 para. 164(2)(b)
s. 168(3)(p) inserted by 2012 c. 7 s. 74(7)(a)
s. 168(3)(q) inserted by 2012 c. 19 Sch. 9 para. 14(2)(b)
s. 168(4)(b) omitted by 2012 c. 19 Sch. 9 para. 14(3)(a)
s. 168(4)(n) and word omitted by 2011 c. 5 Sch. 12 para. 164(3)(a)
s. 168(4)(q) inserted by 2011 c. 5 Sch. 12 para. 164(3)(b)
s. 168(4)(r) inserted by 2012 c. 7 s. 74(7)(b)
s. 168(4)(s) inserted by 2012 c. 19 Sch. 9 para. 14(3)(b)
s. 168(5)(h) omitted by 2011 c. 5 Sch. 12 para. 164(4)
s. 168(5)(ia) inserted by 2012 c. 7 s. 74(7)(c)
s. 168(6) words substituted by S.I. 2012/2400 art. 31

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

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

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 218A inserted by S.I. 2008/1277 reg. 27

Commencement Orders yet to be applied to the Enterprise Act 2002:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

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)

168 Regulated marketsE+W+S+N.I.

This section has no associated Explanatory Notes

(1)Subsection (2) applies where the Commission or the Secretary of State is considering for the purposes of this Part whether relevant action would be reasonable and practicable for the purpose of remedying, mitigating or preventing an adverse effect on competition or any detrimental effect on customers so far as resulting from such an effect.

(2)The Commission or (as the case may be) the Secretary of State shall, in deciding whether such action would be reasonable and practicable, have regard to the relevant statutory functions of the sectoral regulator concerned.

(3)In this section “relevant action” means—

[F1modifying the conditions of a licence granted under section 7 of the Telecommunications Act 1984 (c. 12);]

(b)modifying conditions in force under Part 4 of the Airports Act 1986 (c. 31) other than any conditions imposed or modified in pursuance of section 40(3) or (4) of that Act;

(c)modifying the conditions of a licence granted under section 7 or 7A of the Gas Act 1986 (c. 44);

(d)modifying the conditions of a licence granted under section 6 of the Electricity Act 1989 (c. 29);

(e)modifying networking arrangements (within the meaning given by [F2section 290 of the Communications Act 2003]);

(f)modifying the conditions of a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56);

[F3(ff)modifying the conditions of a licence granted under Chapter 1A of Part 2 of the Act of 1991 or modifying the terms and conditions of an agreement under section 66D of that Act;]

(g)modifying the conditions of a licence granted under article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));

(h)modifying the conditions of a licence granted under section 8 of the Railways Act 1993 (c. 43);

[F4(hh)modifying the conditions of a SNRP issued pursuant to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005;]

(i)modifying an access agreement (within the meaning given by section 83(1) of the Act of 1993) or a franchise agreement (within the meaning given by section 23(3) of that Act);

(j)modifying conditions in force under Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) other than any conditions imposed or modified in pursuance of article 40(3) or (4) of that Order;

(k)modifying the conditions of a licence granted under article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2));

(l)modifying the conditions of a licence granted under section 11 of the Postal Services Act 2000 (c. 26); or

(m)modifying the conditions of a licence granted under section 5 of the Transport Act 2000 (c. 38).

[F5(n)modifying the conditions of a company's appointment under Chapter I of Part III of the Water and Sewerage Services (Northern Ireland) Order 2006.]

(4)In this section “relevant statutory functions” means—

[F6in relation to any licence granted under section 7 of the Telecommunications Act 1984, the duties and obligations of the Director General of Telecommunications imposed on him by or in pursuance of any enactment or other provision mentioned in section 7(5)(a) of that Act;]

(b)in relation to conditions in force under Part 4 of the Airports Act 1986 (c. 31) other than any conditions imposed or modified in pursuance of section 40(3) or (4) of that Act, the duties of the Civil Aviation Authority under section 39(2) and (3) of that Act;

(c)in relation to any licence granted under section 7 or 7A of the Gas Act 1986 (c. 44), the objectives and duties of the Gas and Electricity Markets Authority under section 4AA and 4AB(2) of that Act;

(d)in relation to any licence granted under section 6 of the Electricity Act 1989 (c. 29), the objectives and duties of the Gas and Electricity Markets Authority under section 3A and 3B(2) of that Act;

[F7(e)in relation to any networking arrangements (within the meaning given by section 290 of the Communications Act 2003), the duty of the Office of Communications under subsection (1) of section 3 of that Act to secure the matters mentioned in subsection (2)(c) of that section;]

(f)in relation to a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), the duties of [F8the Water Services Regulation Authority] under section 2 of that Act;

[F9(ff)in relation to a licence granted under Chapter 1A of Part 2 of the Act of 1991 or an agreement under section 66D of that Act, the duties of the Authority under section 2 of that Act or under that section and section 66D of that Act (as the case may be);]

(g)in relation to any licence granted under article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)), the duty of the Director General of Electricity Supply for Northern Ireland under article 6 of that Order;

(h)in relation to any licence granted under section 8 of the Railways Act 1993 (c. 43) [F10where none of the conditions of the licence relate to consumer protection] , the duties of the Rail Regulator under section 4 of that Act;

[F11(hh)in relation to a SNRP issued pursuant to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 where none of the conditions of the SNRP relate to consumer protection, the duties of the Department for Regional Development under regulation 36 of those Regulations;]

[F12in relation to any licence granted under section 8 of the Act of 1993 where one or more than one condition of the licence relates to consumer protection, the duties of the Rail Regulator under section 4 of that Act and the duties of the Strategic Rail Authority under section 207 of the Transport Act 2000 (c. 38);]

(j)in relation to any access agreement (within the meaning given by section 83(1) of the Act of 1993), the duties of the Rail Regulator under section 4 of the Act of 1993;

(k)in relation to any franchise agreement (within the meaning given by section 23(3) of the Act of 1993), the duties of the [F13Secretary of State, the Scottish Ministers and the National Assembly for Wales under section 4 of the Act of 1993] ;

(l)in relation to conditions in force under Part 4 of the Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)) other than any conditions imposed or modified in pursuance of article 40(3) or (4) of that Order, the duties of the Civil Aviation Authority under article 30(2) and (3) of that Order;

(m)in relation to any licence granted under article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)), the duties of the Director General of Gas for Northern Ireland under article 5 of that Order;

(n)in relation to any licence granted under section 11 of the Postal Services Act 2000 (c. 26), the duties of the Postal Services Commission under sections 3 and 5 of that Act; and

(o)in relation to any licence granted under section 5 of the Transport Act 2000, the duties of the Civil Aviation Authority under section 87 of that Act.

[F14(p)in relation to a company's appointment under Chapter I of Part III of the Water and Sewerage Services (Northern Ireland) Order 2006, the duties of the Northern Ireland Authority for Utility Regulation under Article 6 of that Order]

(5)In this section “sectoral regulator” means—

(a)the Civil Aviation Authority;

[F15(b)the Northern Ireland Authority for Utility Regulation.]

[F16the Director General of Telecommunications;]

(e)the Water Services Regulation Authority;

(f)paragraph 29 of Schedule 2 to the Telecommunications Act 1984

[F17(g)the Office of Communications;]

(h)the Postal Services Commission;

(i)the Rail Regulator; F18. . .

[F19(j)the Secretary of State;

(k)the Scottish Ministers; or

(l)the National Assembly for Wales.][F20 or

(k)the Department for Regional Development.]

(6)Subsection (7) applies where the Commission or the Secretary of State is considering for the purposes of this Part whether modifying the conditions of a licence granted under section 7 or 7A of the Gas Act 1986 (c. 44) or section 6 of the Electricity Act 1989 (c. 29) would be reasonable and practicable for the purpose of remedying, mitigating or preventing an adverse effect on competition or any detrimental effect on customers so far as resulting from such an effect.

(7)The Commission or (as the case may be) the Secretary of State may, in deciding whether modifying the conditions of such a licence would be reasonable and practicable, have regard to those matters to which the Gas and Electricity Markets Authority may have regard by virtue of section 4AA(4) of the Act of 1986 or (as the case may be) section 3A(4) of the Act of 1989.

(8)The Secretary of State may by order modify subsection (3), (4), (5), (6) or (7).

(9)Part 2 of Schedule 9 (which makes provision for functions under this Part to be exercisable by various sectoral regulators) shall have effect.

Annotations:

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Amendments (Textual)

F1S. 168(3)(a) repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and 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) (subject to arts. 3(3), 11)