Further references and investigations U.K.

[F1 11C References under section 11: further supplementary provisions U.K.

(1) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply [F2 , as it had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force,] in relation to functions under this Act as it [F3 applied immediately before that date] in relation to functions under Part 3 of that Act but as if, in subsections (1)(a) and (2),[F4 —

(a) the words “, OFCOM or the Secretary of State” were omitted, and

(b) for the words “their functions” there were substituted “ its functions ”.]

(2) Section 125 of the Enterprise Act 2002 (offences by bodies corporate) shall apply for the purposes of this Act as it applies for the purposes of Part 3 of that Act.

(3) For the purposes of section 12 below, a conclusion contained in a report of the [F5 CMA] is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted [F6 by the chair of the CMA for the purpose of carrying out the functions of the CMA with respect to the reference].]

Textual Amendments

F1 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)

F2 Words in s. 11C(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 3(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F3 Words in s. 11C(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 3(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F4 Words in s. 11C(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 4(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Word in s. 11C(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 4(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 Words in s. 11C(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 4(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)