The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 and shall come into force on 29 December 2003.

(2) In this Order “the Act of 1973” means the Fair Trading Act 1973(1) and “the Act of 2002” means the Enterprise Act 2002.

Consequential amendments

2.  The amendments, repeals and revocations specified in the Schedule to this Order shall have effect.

Transitional provisions and savings

3.—(1) The repeals and revocations in paragraphs 1 to 8 of the Schedule shall, subject to paragraph (2), not have effect in relation to—

(a) a transfer of a newspaper or of newspaper assets (within the meaning given by section 57(2) of the Act of 1973) which has been made before the coming into force of this Order;

(b) a proposed transfer of a newspaper or of newspaper assets in relation to which an application for the consent of the Secretary of State under section 58 of the Act of 1973 has been made before the coming into force of this Order; or

(c) the making by the Secretary of State of references under section 32 of the Water Industry Act 1991(2) (duty to refer merger of water or sewerage undertakings) or any references so made.

(2) The repeals and revocations in paragraphs 1 to 8 of the Schedule shall have effect in relation to a proposed transfer of a newspaper or newspaper assets if—

(a) an application for the consent of the Secretary of State under section 58 of the Act of 1973 has been made;

(b) the application is expressed to depend on the operation of subsection (3) or (4) of that section;

(c) no consent is given by the Secretary of State under subsection (3) or (4) of that section; and

(d) no further application has been made for the consent of the Secretary of State under that section before the coming into force of this Order.

(3) The repeals and revocations in paragraphs 1 to 8 of the Schedule shall not have effect in relation to—

(a) any case where the old law applies by virtue of paragraph 13 of Schedule 24 to the Act of 2002 or article 4 of the Enterprise Act 2002 (Commencement No.3, Transitional and Transitory Provisions and Savings) Order 2003(3); or

(b) any monopoly reference referred to in paragraph 14(1) of Schedule 24 to the Act of 2002.

(4) In paragraph (3) “the old law” has the same meaning as in paragraph 13 of Schedule 24 to the Act of 2002.

(5) The repeal or revocation of a provision by any of paragraphs 1 to 8 of the Schedule does not affect a case where that provision would otherwise have effect by virtue of the operation of a transitional or transitory provision or savings made by or under the Act of 2002 in relation to a previous repeal or revocation.

Stephen Timms,

Minister of State for Energy, E-Commerce and Postal Services,

Department of Trade and Industry

8th December 2003