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The Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003

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Statutory Instruments

2003 No. 766 (C. 40)

COMPETITION

CONSUMER PROTECTION

The Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003

Made

18th March 2003

The Secretary of State, in exercise of the powers conferred upon her by sections 276(2) and 279 of the Enterprise Act 2002(1), hereby makes the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003.

(2) In this Order—

“the Act” means the Enterprise Act 2002;

“appeal tribunal” means an appeal tribunal of the Competition Commission;

“existing appeal” means an appeal made to the Competition Commission under section 46 or 47 of the Competition Act 1998(2) or regulation 25 or 26 of the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001(3) which has not been finally determined before 1st April 2003; and

“the Tribunal” means the Competition Appeal Tribunal.

(3) In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

Provisions of the Act commenced by this Order

2.  1st April 2003 is the appointed day for the coming into force of the provisions of the Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.

Transitional and transitory provision

3.  (1)  Any existing appeal shall be deemed to have been made to the Tribunal and shall continue as an appeal to the Tribunal and anything having any continuing effect done in relation to an existing appeal (including anything done for the purpose of an appeal from a decision made in relation to an existing appeal and anything done in connection with a request for a preliminary ruling of the Court of Justice of the European Communities in relation to an existing appeal) shall be deemed for all purposes to have been done in relation to an appeal to the Tribunal and is not to be invalidated by the commencement of any of the provisions brought into force by this Order.

(2) Without prejudice to the generality of paragraph (1), for the purposes of any existing appeal, anything done by the President of the Competition Commission Appeal Tribunals, the Registrar of Appeal Tribunals, and an appeal tribunal shall be deemed for all purposes to have been done by the President of the Competition Appeal Tribunal, the Registrar of the Competition Appeal Tribunal, and the Tribunal, respectively, and the members of any tribunal constituted by the President of the Competition Commission Appeal Tribunals in relation to an existing appeal in accordance with paragraph 27 of Schedule 7 to the Competition Act 1998 shall be treated as being the members of the Tribunal constituted in accordance with section 14 of the Act for the purposes of the relevant appeal.

Melanie Johnson,

Parliamentary Under-Secretary of State for Competition, Consumers and Markets,

Department of Trade and Industry

18th March 2003

Article 2

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2003

Provisions of the ActPurpose
Section 1 (the Office of Fair Trading)For all purposes
Section 2 (the Director General of Fair Trading)For all purposes
Section 3 (annual plan)For all purposes
Section 4 (annual and other reports)For all purposes
Section 8 (promoting good consumer practice)For all purposes
Section 9 (repeal of certain powers of direction)For all purposes
Section 10 (part 2 of the 1973 Act)For all purposes
Section 12 (the Competition Appeals Tribunal)For all purposes
Section 13 (the Competition Service)For all purposes
Section 14(1) to 14(5) (constitution of tribunal for particular proceedings and decisions)For all purposes
Section 14(6)For the purpose of the provisions of Schedule 4 brought into force
Section 15 (tribunal rules)For all purposes
Section 21 (amendments of 1998 Act)For all purposes
Section 185 (the Commission)For the purpose of the provisions of Schedule 11 brought into force
Section 186 (annual report of Commission)For all purposes
Section 207 (repeal of Schedule 4 to the 1998 Act)For all purposes
Section 274 (provision of financial assistance for consumer purposes)For all purposes
Section 276(1) (transitional or transitory provision and savings)For the purpose of the provisions of Schedule 24 brought into force
Section 278 (minor and consequential amendments and repeals)For the purpose of the provisions of Schedules 25 and 26 brought into force
Schedule 1 (the Office of Fair Trading)For all purposes
Schedule 2 (the Competition Appeal Tribunal)For all purposes
Schedule 3 (the Competition Service)For all remaining purposes
In Schedule 4 (tribunal: procedure)—paragraph 1For all purposes
Schedule 5 (proceedings under Part 1 of the 1998 Act)—
paragraph 1For all purposes
paragraph 2(a) and (b)For all purposes
paragraph 3For all purposes
paragraph 4For all purposes except in relation to the decisions of the Competition Appeal Tribunal referred to in section 49(1)(b) as substituted by paragraph 4
paragraphs 5 to 8For all purposes
In Schedule 11 (the Competition Commission)— paragraph 1For the purpose of the other entries in Schedule 11 referred to in this Order
paragraph 2For all purposes
paragraph 3 (except paragraph 3(c))For all purposes save in relation to paragraph 3(c)
paragraph 4 (except paragraph 4(d))For all purposes save in relation to paragraph 4(d)
paragraph 5For all purposes other than the re-appointment as a member of any person who is a member on the commencement date
paragraphs 6 to 8For all purposes
paragraph 10(1)For the purposes of paragraph 10(3)
paragraph 10(3)For all purposes
paragraph 12For all purposes
In Schedule 24 (transitional and transitory provisions and savings)—
paragraphs 2 to 12, 20 and 22For all purposes
In Schedule 25 (minor and consequential amendments)—
paragraphs 2(1), 5(1), 13(1), 14(1), 15(1), 20(1), 21(1), 24(1), 25(1), 28(1), 30(1), 33(1), 36(1), 38(1), 40(1), 42(1), 43(1), 44(1)For the purpose of the other entries in the relevant provisions of Schedule 25 referred to in this Order.
For all purposes paragraphs 2(4), 3, 4, 5(2), 5(4)(a)(i), 6, 7, 9, 11, 13(2), 13(6), 13(8)(b) to 13(8)(d), 13(9)(a), 13(9)(b), 13(9)(c)(i), 14(5), 14(6), 15(2), 15(7) to 15(10), 15(4), 16, 17, 19, 20(2), 20(7) to 20(9), 20(10)(a), 21(2), 21(3), 21(4)(a) to 21(4)(f), 22, 23, 24(2) to 24(8), 24(9)(a) to 24(9)(d)(i), 24(9)(f)(i), 24(9)(g), 24(9)(h), 24(9)(i)(i), 24(9)(i)(ii), 24(9)(k), 24(9)(l), 25(2), 25(7), 25(8), 25(10)(a), 25(11), 25(12), 26, 27, 28(5), 28(6), 28(7)(a), 30(2)(b), 30(7), 30(9), 30(10), 30(11)(a), 30(12) to 30(14), 32, 33(5), 33(6), 34, 35, 36(5), 36(6), 36(8), 37, 38(3) to 38(34), 38(36) to 38(48), 38(51) to 38(55), 39, 40(2) to 40(20)(a), 40(21), 41, 42(6), 42(7), 43(2) to 43(3)(c)(i) and 44(6) to 44(12).

In Schedule 26 (repeals and revocations) the entries relating to the—

  • Public Records Act 1958(4)

  • Parliamentary Commissioner Act 1967(5)

  • Fair Trading Act 1973(6), sections 1, 12 to 22 and Schedules 1 and 2

  • Consumer Credit Act 1974(7), section 189(1)

  • House of Commons Disqualification Act 1975(8)

  • Northern Ireland Assembly Disqualification Act 1975(9)

  • Estate Agents Act 1979(10), section 33(1)

  • Competition Act 1980(11), section 13

  • Gas Act 1986(12), section 36A(1)

  • Electricity Act 1989(13), section 43(1)

  • Companies Act 1989(14), paragraph 4(5) in Schedule 14

  • Courts and Legal Services Act 1990(15), sections 46(3) and 119(1)

  • Broadcasting Act 1990(16), sections 187(3) and 194A(9)

  • Electricity (Northern Ireland) Order 1992(17), paragraph (1) of Article 46

  • Railways Act 1993(18), section 83(1)

  • Gas (Northern Ireland) Order 1996(19), Article 23(1)

  • Competition Act 1998(20), sections 3(1), 48, 59(1), 61(1) and Schedules 4 to 6, paragraphs 1, 2, 4 to 7 and 9 of Schedule 7, and Schedule 8.

For all purposes

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st April 2003 certain provisions of the Enterprise Act 2002. In particular, those provisions (a) create the Office of Fair Trading (OFT) and transfer the existing functions of the Director General of Fair Trading to the OFT (sections 1 and 2); (b) provide the OFT with the function of promoting good consumer practice (section 8); (c) create the Competition Appeal Tribunal (“the Tribunal”) (section 12), provide for its constitution for certain proceedings (section 14 and schedule 2) and its rules (section 15 and schedule 4), and enable it to perform the functions formerly performed by the appeal tribunals of the Competition Commission (schedule 5); (d) create the Competition Service (section 13 and schedule 3); (e) repeal the exclusion from the Chapter 1 prohibition under the Competition Act 1998 for designated professional rules (section 207); and (f) make various related transitional, transitory and consequential provisions and repeals.

Article 3 of this Order also makes transitional and transitory provision in connection with the coming into force of the provisions relating to the Tribunal which supplement the transitional and transitory provisions in paragraphs 7 to 12 of Schedule 24 to the Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 13(6) (partially)18.03.032003/765
Section 250(1) (partially)18.03.032003/765
Section 27318.03.032003/765
Section 27518.03.032003/765
Section 276(1) (partially)18.03.032003/765
Section 276(2) to (4)18.03.032003/765
Section 27718.03.032003/765
In Schedule 3, Part 218.03.032003/765
In Schedule 24, paragraph 118.03.032003/765
(3)

S.I. 2001/2916, to which there are amendments not relevant to this Order.

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