Monopolies and competition

Competition and anti-competitive practices.
33
1
In this section “regulatory provision” means—
a
any rule made by the General Council;
b
any provision of the Code of Practice issued by the Council under section 19; and
c
any other advice or guidance given by the Council, any of its committees or any sub-committee of such a committee.
2
Schedule 8 to the Enterprise Act 2002 (provision that may be contained in enforcement orders) shall, for the purposes of an enforcement order, have effect in relation to a regulatory provision as it has effect in relation to an agreement, but with the necessary modifications.
2A
The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in sections 160(4)(a), 161(3)(a) and 164(1) of that Act shall be construed accordingly.
3
An enforcement order may be made so as to have effect in relation to a regulatory provision even though that provision was properly made in exercise of functions conferred by this Act.
4
In this section “
an enforcement order
” means an order under—
a
section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or
b
section 161 of that Act (final orders following market investigation reports).
5
For the purposes of an enforcement order section 86(3) of the Enterprise Act 2002 as applied by section 164(2)(a) of that Act (power to apply orders to existing agreements) shall have effect in relation to a regulatory provision as it has effect in relation to an agreement.
Words in s. 33(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(2)(a); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Words in s. 33(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(2)(b); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
S. 33(2A) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(3); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Words in s. 33(3) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(4); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
S. 33(4) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(5); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
S. 33(5) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 29(6); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)