Further references and investigations

References under section 11: powers of investigation and penalties
11B
1
The following sections of Part 3 of the Enterprise Act 2002 shall apply,
as they had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force and,
with the modifications mentioned in subsections
(1A) to
(3) below, for the purposes of references under section 11 above as they
applied immediately before that date
for the purposes of references under that Part—
a
section 109 (attendance of witnesses and production of documents
etc.
);
b
section 110 (enforcement of powers under section 109: general);
ba
section 110A (restriction on powers to impose penalties under section 110);
c
section 111 (penalties);
d
section 112 (penalties: main procedural requirements);
e
section 113 (payments and interest by instalments);
f
section 114 (appeals in relation to penalties);
g
section 115 (recovery of penalties); and
h
section 116(statement of policy).
1A
Section 109 shall in its application by virtue of subsection (1) above, have effect as if—
a
in subsection (A1), for paragraphs (a) and (b) there were substituted—
a
assisting the
CMA
in carrying out any functions, including enforcement functions, in connection with a reference under section 11 of the Competition Act 1980 (the “1980 Act”) (references of public bodies and certain other persons to the
CMA
);
b
assisting the Secretary of State in carrying out any functions, including enforcement functions, in connection with an order under section 11D of that Act (interim orders) or section 12 of that Act (orders following report under section 11 of that Act).
, and
b
in subsection (8A), for paragraphs (a) and (b) there were substituted—
a
in relation to the
CMA
, functions conferred by virtue of section 87 on the
CMA
by orders under section 11D or 12 of the 1980 Act;
b
in relation to the Secretary of State—
i
functions conferred by virtue of section 87 on the Secretary of State by orders under section 11D or 12 of the 1980 Act;
ii
the functions of the Secretary of State in relation to the variation or revocation of orders under section 11D or 12 of the 1980 Act.
2
Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—
a
subsection (2) were omitted;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
in subsection (9) the words from “or section” to “section 65(3))” were omitted.
2A
Section 110A shall, in its application by virtue of subsection (1) above, have effect as if for subsections (5) to (8) there were substituted—
5
Where the section 109 power is exercised for the purpose mentioned in subsection (A1)(a) of that section, in connection with a reference under section 11 of the 1980 Act, the relevant day is the day when the report of the
CMA
on the reference concerned is laid before both Houses of Parliament.
6
Where the section 109 power is exercised for the purpose mentioned in subsection (A1)(b) of that section, in connection with an order under section 11D of the 1980 Act (interim orders) or section 12 of that Act (orders following report under section 11 of that Act), the relevant day is the day when the Secretary of State makes the order concerned or decides not to make an order under section 11D or 12 of that Act, as the case may be.
3
Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—
ii
if earlier, the day on which the report of the
CMA
on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.
.
Ss. 11A-11D inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 10(3); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
S. 11B(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(3) (with art. 3, Sch. 2 para. 2)
S. 11B(2A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(5) (with art. 3, Sch. 2 para. 2)
Words in s. 11B(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(2)(a) (with art. 3, Sch. 2 para. 2)
S. 11B(1)(ba) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(2)(b) (with art. 3, Sch. 2 para. 2)
S. 11B(2)(b) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(4) (with art. 3, Sch. 2 para. 2)
S. 11B(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 36(6) (with art. 3, Sch. 2 para. 2)
Words in s. 11B(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 2(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)
Words in s. 11B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 2(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)