Enterprise Act 2002

[F1 161D Implementation trials: notices U.K.

(1) Before the relevant authority begins an implementation trial under section 161C(4), the relevant authority must publish—

(a) a provisional implementation trial notice, and

(b) a final implementation trial notice (but see subsection (4)).

(2) A provisional implementation trial notice must—

(a) specify each implementation trial measure the relevant authority is minded to impose for the purposes of the implementation trial;

(b) specify the relevant adverse effect with which each measure is seeking to deal;

(c) specify any other facts which the relevant authority considers justify the imposition of each measure;

(d) specify, in relation to each measure—

(i) how the relevant authority intends to assess the likely effect of the measure, and

(ii) the last day on which the relevant authority intends for the measure to have effect;

(e) invite the making of representations by the persons on which the relevant authority is minded to impose one or more implementation trial measure (“implementation trial participants”) about the matters set out in the notice;

(f) specify the means by which, and the time by which, such representations must be made.

(3) The time specified under subsection (2)(f) by which representations must be made must be at least 15 days after the date on which the provisional implementation trial notice is published.

(4) A relevant authority may publish a final implementation trial notice only where—

(a) the relevant authority has published a provisional implementation trial notice under subsection (1),

(b) the time for the implementation trial participants to make representations to the relevant authority in accordance with the notice has expired, and

(c) after considering such representations (if any), it appears to the relevant authority that it is appropriate to begin an implementation trial under section 161C(4).

(5) A final implementation trial notice must specify—

(a) the implementation trial measures the relevant authority intends to impose for the purposes of the implementation trial,

(b) in relation to each such measure—

(i) how the relevant authority intends to assess the likely effect of the measure, and

(ii) the last day on which the measure is to have effect.]

Textual Amendments

F1 Ss. 161B-161E and cross-heading inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 9 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)