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Enterprise and Regulatory Reform Act 2013

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Enterprise and Regulatory Reform Act 2013. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Overview of the Structure of the Act

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1: Uk Green Investment Bank Plc

      1. Summary and Background

      2. Section 1: The green purposes

      3. Section 2: Designation of the UK Green Investment Bank

      4. Section 3: Alteration of the objects of the UK Green Investment Bank

      5. Section 4: Financial assistance

      6. Section 5: Accounts, reports and payments to directors

      7. Section 6: Documents to be laid before Parliament

    2. Part 2: Employment

      1. Summary and Background

      2. Conciliation

        1. Summary and Background

        2. Section 7: Conciliation before institution of proceedings

        3. Section 8: Extension of limitation periods to allow for conciliation

        4. Section 9: Extended power to define “relevant proceedings” for conciliation purposes

      3. Acas

        1. Section 10: ACAS: prohibition on disclosure of information

      4. Procedure for deciding tribunal cases

        1. Summary and Background

        2. Section 11: Decisions by legal officers

        3. Section 12: Composition of Employment Appeal Tribunal

      5. Unfair Dismissal

        1. Summary and Background

        2. Section 13: Dismissal for political opinions: no qualifying period of employment

        3. Section 14: Confidentiality of negotiations before termination of employment

        4. Section 15: Power by order to increase or decrease limit of compensatory award

      6. Financial penalties

        1. Summary and Background

        2. Section 16: Power of employment tribunal to impose financial penalty on employers etc

      7. Protected disclosures

        1. Summary and Background

        2. Section 17: Disclosures not protected unless believed to be made in the public interest

        3. Section 18: Power to reduce compensation where disclosure not made in good faith

        4. Section 19: Worker subjected to detriment by co-worker or agent of employer

        5. Section 20: Extension of meaning of “worker”

      8. Miscellaneous

        1. Summary and Background

        2. Section 21: Tribunal Procedure: Miscellaneous

        3. Section 22: Indexation of amounts: timing and rounding

        4. Section 23: Renaming of “compromise agreements”, “compromise contracts” and “compromises”

      9. General

        1. Section 24: Transitional provision

    3. Part 3: the Competition and Markets Authority and Part 4: Competition Reform

      1. Background to Parts 3 and 4 of the Act

      2. The competition framework

      3. Part 3: the Competition and Markets Authority

        1. Section 25: The Competition and Markets Authority

        2. Schedule 4: The Competition and Markets Authority

          1. Part 1: General

            1. Membership

            2. Appointment and re-appointment

            3. Status

            4. Chief executive and other staff

            5. Annual plan

            6. Performance report

            7. Concurrency report

            8. Documents

            9. Members of committees and sub-committees

            10. Additional Powers

            11. Consequential amendments (Public records, Parliamentary Commissioner, Disqualification, Freedom of information, and Equality)

          2. Part 2: The Competition and Market Authority Board

          3. Part 3: The Competition and Market Authority panel

          4. Part 4: Interpretation and transitional and transitory provision

        3. Section 26: Abolition of the Competition Commission and the Office of Fair Trading

        4. Section 27: Transfer schemes

        5. Section 28: Transitional provision: consultation

        6. Schedule 5: Amendments related to Part 3

          1. Part 1: Transfer of functions under the Competition Act 1998 to the Competition and Markets Authority

          2. Part 2: Transfer of functions under the Enterprise Act 2002 to the Competition and Markets Authority

            1. General functions

            2. Competition and Markets Authority’s powers to take interim action on anti-trust

            3. Competition and Markets Authority’s functions in relation to mergers

            4. Competition and Markets Authority’s functions in relation to markets

            5. Competition and Market Authority’s functions in relation to cartels

            6. Interpretation

          3. Part 3: Abolition of the Competition Commission

          4. Part 4: Abolition of the Office of Fair Trading

        7. Schedule 6: Regulatory appeals etc: minor and consequential amendments

          1. Summary and Background

      4. Part 4: Competition Reform

        1. Chapter 1: Mergers

          1. Summary and Background

          2. Investigatory powers

            1. Section 29: Investigation powers: mergers

          3. Interim measures

            1. Section 30:  Interim measures: pre-emptive action: mergers and Schedule 7 Mergers: Interim Measures

            2. Section 31: Interim measures: financial penalties: mergers

          4. Time limits

            1. Section 32: Time-limits etc: mergers and Schedule 8: Mergers: time-limits

        2. Chapter 2: Markets

          1. Summary and Background

          2. Cross-market investigations

            1. Section 33: Power of Competition and Markets Authority to make cross-market references and Section 34:  Ministerial power to make cross-market references

            2. Schedule 9: Markets: cross-market references

          3. Public interest interventions

            1. Section 35: Public interest interventions in markets investigations and Schedule 10: Markets: public interest interventions

          4. Investigatory powers

            1. Section 36: Investigation powers: markets

            2. Schedule 11: Investigatory powers: markets

          5. Interim measures

            1. Section 37: Interim measures: pre-emptive action: markets

          6. Time limits and procedure

            1. Section 38: Market studies and market investigations: consultation and time-limits and Schedule 12: Markets: time-limits

        3. Chapter 3: Anti-Trust

          1. Summary and Background

          2. Investigation powers

            1. Section 39: Investigations: power to ask questions

            2. Section 40: Civil enforcement of investigation powers

            3. Section 41: Extension of powers to issue warrants to the Competition Appeal Tribunal and Schedule 13: Extension of powers to issue warrants under the Competition Act 1998 to the Competition Appeal Tribunal

            4. Section 42: Part 1 of the Competition Act 1998: procedural matters

          3. Interim measures and other sanctions

            1. Section 43: Threshold for interim measures

            2. Section 44: Penalties; guidance etc.

          4. Miscellaneous

            1. Section 45: Power for Secretary of State to impose time-limits on investigations etc.

            2. Section 46: Review of operation of Part 1 of the Competition Act 1998

        4. Chapter 4: Cartels

          1. Summary and Background

          2. Section 47: Cartel offence

          3. Section 48: Extension of power to issue warrants to the Competition Appeal Tribunal

        5. Chapter 5: Miscellaneous

          1. Enforcement orders: markets and mergers

            1. Section 49: Enforcement orders: monitoring compliance and determination of disputes

            2. Section 50: Enforcement orders: provision of information

          2. Concurrency

            1. Summary and Background

            2. Section 51: Powers of sectoral regulators and Schedule 14: Regulators: use of powers under 1998 Act

            3. Section 52: Power to remove concurrent competition functions of sectoral regulators

            4. Section 53: Orders under section 52: procedural requirements

          3. Miscellaneous

            1. Section 54: Recovery of CMA’s costs in respect of price control references

            2. Section 55: Disclosure etc. of information: offences

            3. Section 56: Review of certain provisions of Chapters 1 and 2

            4. Section 57: Minor and consequential amendments and Schedule 15: Minor and consequential amendments: Part 4

            5. Schedule 15: Minor and Consequential Amendments

    4. Part 5: Reduction of Legislative Burdens

      1. Sunset and review

        1. Section 59: Sunset and review provisions

      2. Heritage planning etc.

        1. Section 60: Listed buildings in England: agreements and orders granting listed building consent

          1. Heritage partnership agreements

          2. Listed building consent orders

        2. Schedule 16: Local listed building consent orders: procedure

        3. Section 61: Listed buildings in England: certificates of lawfulness

        4. Section 62: Osborne estate

        5. Section 63 and Schedule 17: Heritage planning regulation

          1. Conservation area consent in England

          2. Listing of buildings of special architectural or historic interest in England

          3. Certificates of immunity from listing

      3. Equality Acts

        1. Section 64: Commission for Equality and Human Rights

        2. Section 65: Equality Act 2010: third party harassment of employees

        3. Section 66: Equality Act 2010: obtaining information for proceedings

      4. Regulatory Enforcement and Sanctions Act 2008

        1. Section 67: Primary authorities

        2. Section 68: Inspection plans

      5. Civil liability for breach of health and safety duties

        Miscellaneous

        1. Summary and background

        2. Section 69: Civil liability for breach of health and safety duties

      6. Estate Agents etc.

        1. Summary and Background

        2. Section 70: Estate agency work

      7. Adjudicators

        1. Summary and Background

        2. Section 71 and Schedules 18 and 19: Adjudicators: bankruptcy applications by debtors and bankruptcy orders

      8. Agricultural Wages Board

        1. Section 72 and Schedule 20: Agricultural Wages Board

        2. Section 73, Schedule 21: Unnecessary regulation: miscellaneous

          1. Part 1, Schedule 21: Notification of TV sales etc.

          2. Part 2, Schedule 21: Water undertakers: in-area ban

          3. Part 3, Schedule 21: Bankruptcy early discharge procedure

    5. Part 6: Miscellaneous and General

      1. Copyright and rights in performances

        1. Section 74: Exploitation of design derived from artistic work

        2. Section 75: Penalties under provision amending exceptions: copyright and rights in performances

        3. Section 76: Power to reduce duration of copyright in transitional cases

        4. Section 77: Licensing of copyright and performers’ rights and Schedule 22: Licensing of copyright and performers’ rights

          1. Part 1, Schedule 22: Regulation of licensing bodies

            1. Codes of Practice

            2. Licensing code ombudsman

            3. Code reviewer

            4. Sanctions

            5. Fees

            6. General

          2. Part 2, Schedule 22: Performers’ rights

        5. Section 78: Penalties under provision implementing Directive on term of protection

      2. Payments to directors of quoted companies

        1. Summary and Background

        2. Section 79: Members’ approval of directors’ remuneration policy

        3. Section 80: Restrictions on payments to directors

        4. Section 81: Payments to directors: minor and consequential amendments

        5. Section 82: Payments to directors: transitional provision

      3. Redress schemes for lettings agency work and property management work

        1. Summary and Background

        2. Section 83: Redress schemes: lettings agency work

        3. Section 84: Redress schemes: property management work

        4. Section 85: Orders under section 83 or 84: enforcement

        5. Section 87: Approval of redress schemes for the purposes of section 83 or 84

        6. Section 88: Redress schemes: supplemental

      4. Supply of customer data

        1. Summary and Background

        2. Section 89: Supply of customer data

        3. Section 90: Supply of customer data: enforcement

        4. Section 91: Supply of customer data: supplemental

      5. Insolvency: protection of essential supplies

        1. Section 92: Power to add to supplies protected under the Insolvency Act 1986

        2. Section 93: Corporate insolvency: power to give further protection to essential supplies

        3. Section 94: Individual insolvency: power to give further protection to essential supplies

        4. Section 95: Sections 93 and 94: supplemental

      6. Royal Charters

        1. Section 96: Royal Charters: requirements for Parliamentary approval

      7. Caste as an aspect of race

        1. Section 97: Equality Act 2010: caste as an aspect of race

      8. Equal Pay Audit

        1. Section 98: Power to provide for equal pay audits

      9. General

        1. Section 99: Consequential amendments, repeals and revocations

        2. Section 102: Extent

  6. Commencement

  7. Hansard Reference

  • Explanatory Notes Table of contents

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