Enterprise and Regulatory Reform Act 2013

This section has no associated Explanatory Notes

32(1)Section 183 (interpretation: Part 4) is amended as follows.U.K.

(2)In subsection (3), in paragraph (a), for the words before sub-paragraph (i) substitute “ where the reference is made under section 131 or 132— ”.

(3)In that subsection, in paragraph (b)—

(a)for the words before sub-paragraph (i) substitute “ where the reference is a restricted PI reference or a full PI reference— ”,

(b)in sub-paragraph (i), after “143(1) or (3)” insert “ or (as the case may be) 143A(2) or (3) ”,

(c)in sub-paragraph (ii), omit “(disregarding the fact that the notice was given)”,

(d)in sub-paragraph (iii), after “143(1)” insert “ or (as the case may be) 143A(2) ”,

(e)in sub-paragraph (iv), omit “(disregarding the fact that the notice was given)”,

(f)for sub-paragraph (v) substitute—

(v)the Secretary of State has failed to make and publish a decision under subsection (2) of section 146 within the period permitted by subsection (3) of that section or (as the case may be) under subsection (2) of section 146A within the period permitted by subsection (6) of that section and the reference is finally determined under paragraph (a) above;,

(g)in sub-paragraph (vi), omit “(disregarding the fact that the notice was given)”,

(h)after sub-paragraph (vi) insert—

(via)the Secretary of State has made no finding at all under section 146A(2) and the reference is finally determined under paragraph (a) above;,

(i)omit the “or” after sub-paragraph (vii),

(j)after sub-paragraph (vii) insert—

(viia)the Secretary of State has made an adverse public interest finding under section 146A(2) but has decided under section 147A(2) neither to accept an undertaking under section 159 nor to make an order under section 161;, and

(k)after sub-paragraph (viii) insert ; or

(ix)the Secretary of State has made an adverse public interest finding under section 146A(2) and has accepted an undertaking under section 159 or made an order under section 161.

(4)In subsection (4)(c), after “(b)(viii)” insert “ or (ix) ”.

(5)In subsection (5), for “or (vi)” substitute “ , (vi) or (via) ”.

(6)In subsection (6), after “(b)(viii)” insert “ and (ix) ”.

Commencement Information

I1Sch. 10 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)