The Enterprise Act 2002 (Publishing of Relevant Information under section 188A) Order 2014

Statutory Instruments

2014 No. 535

Criminal Law

The Enterprise Act 2002 (Publishing of Relevant Information under section 188A) Order 2014

Made

6th March 2014

Laid before Parliament

10th March 2014

Coming into force

1st April 2014

The Secretary of State in exercise of the powers conferred on him by section 188A(1)(c) of the Enterprise Act 2002(1) makes the following Order:

Citation and commencement

1.  This Order may be cited as the Enterprise Act 2002 (Publishing of Relevant Information under section 188A) Order 2014 and comes into force on 1st April 2014.

Publishing of Relevant Information

2.  For the purposes of section 188A(1)(c) of the Enterprise Act 2002 relevant information about the arrangements is published if it is advertised once in either the London Gazette, the Edinburgh Gazette or the Belfast Gazette.

Jenny Willott

Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs

Department for Business, Innovation and Skills

6th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the manner in which the arrangements as defined in section 188 of the Enterprise Act 2002 (“the Act”) are to be considered published for the purposes of section 188A of the Act.

Section 188A of the Act sets out the circumstances in which the cartel offence in section 188 is not committed. It provides that a person does not commit the cartel offence if, under the arrangements, ‘relevant information’ (as defined in section 188A(2) of the Act) would be published before the arrangements are implemented. Publication of the relevant information must be in accordance with the manner prescribed by the Secretary of State in this order.

These arrangements are considered published if they are advertised once in either the London Gazette, the Edinburgh Gazette or the Belfast Gazette.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from https://www.gov.uk/government/consultations/competition-regime-draft-secondary-legislation-part-2 .

(1)

2002 c. 40, inserted by section 47(5) of the Enterprise and Regulatory Reform Act 2013, c. 24.