- Latest available (Revised)
- Original (As enacted)
Enterprise Act 2002, Section 79 is up to date with all changes known to be in force on or before 08 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)For the purposes of this Part a reference under section 22 [F1, 33, 68B or 68C] is finally determined if—
(a)the reference is cancelled under section 37(1);
(b)the time within which the [F2CMA] is to prepare and publish a report under section 38 in relation to the reference has expired and no such report has been prepared and published;
[F3(c)the report of the CMA under that section contains the decision that—
(i)in relation to a reference under section 22 or 33, there is not an anti-competitive outcome, or
(ii)in relation to a reference under section 68B or 68C, there is not a prejudicial outcome;
(d)the report of the CMA under that section contains the decision that—
(i)in relation to a reference under section 22 or 33, there is an anti-competitive outcome, or
(ii)in relation to a reference under section 68B or 68C, there is a prejudicial outcome, and
the CMA has decided under section 41(2) neither to accept an undertaking under section 82 nor to make an order under section 84;
(e)the report of the CMA under that section contains the decision that—
(i)in relation to a reference under section 22 or 33, there is an anti-competitive outcome, or
(ii)in relation to a reference under section 68B or 68C, there is a prejudicial outcome, and
the CMA has decided under section 41(2) to accept an undertaking under section 82 or to make an order under section 84.]
(2)For the purposes of this Part the time when a reference under section 22 [F4, 33, 68B or 68C] is finally determined is—
(a)in a case falling within subsection (1)(a), the making of the decision concerned;
(b)in a case falling within subsection (1)(b), the expiry of the time concerned;
(c)in a case falling within subsection (1)(c), the publication of the report;
(d)in a case falling within subsection (1)(d), the making of the decision under section 41(2); and
(e)in a case falling within subsection (1)(e), the acceptance of the undertaking concerned or (as the case may be) the making of the order concerned.
(3)For the purposes of section 78 and subject to subsection (4) below, the circumstances in which a person acquires an interest in shares include those where—
(a)he enters into a contract to acquire the shares (whether or not for cash);
(b)he is not the registered holder but acquires the right to exercise, or to control the exercise of, any right conferred by the holding of the shares; or
(c)he—
(i)acquires a right to call for delivery of the shares to himself or to his order or to acquire an interest in the shares; or
(ii)assumes an obligation to acquire such an interest.
(4)The circumstances in which a person acquires an interest in shares for the purposes of section 78 do not include those where he acquires an interest in pursuance of an obligation assumed before the publication by the [F5CMA] of the reference concerned.
(5)The circumstances in which a person acquires a right mentioned in subsection (3)—
(a)include those where he acquires a right, or assumes an obligation, whose exercise or fulfilment would give him that right; but
(b)do not include those where he is appointed as proxy to vote at a specified meeting of a company or of any class of its members or at any adjournment of the meeting or he is appointed by a corporation to act as its representative at any meeting of the company or of any class of its members.
[F6(5A)References in subsection (1) to a prejudicial outcome are to a prejudicial outcome within the meaning of section 35 or 36 as those sections have effect by virtue of paragraphs 6 and 7 of Schedule 5A.]
(6)References to rights and obligations in subsections (3) to (5) include conditional rights and conditional obligations.
(7)References in sections 77 and 78 to a person carrying on or having control of any enterprise includes a group of persons carrying on or having control of an enterprise and any member of such a group.
(8)Sections 26(2) to (4) and 127(1), (2) and (4) to (6) shall apply for the purposes of sections 77 and 78 to determine whether any person or group of persons has control of any enterprise and whether persons are associated as they apply for the purposes of section 26 to determine whether enterprises are brought under common control.
(9)[F7Section 1159 of, and Schedule 6 to, the Companies Act 2006] shall apply for the purposes of sections 77 and 78 to determine whether a company is a subsidiary of an individual or of a group of persons as they apply to determine whether it is a subsidiary of a company; and references to a subsidiary in [F8paragraph 8 of Schedule 6] as so applied shall be construed accordingly.
Textual Amendments
F1Words in s. 79(1) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 17
F2Word in s. 79(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 119(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3S. 79(1)(c)-(e) substituted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 11(2)
F4Words in s. 79(2) substituted (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(j), Sch. 16 para. 17
F5Word in s. 79(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 119(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6S. 79(5A) inserted (24.7.2024) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(3), Sch. 6 para. 11(3)
F7Words in s. 79(9) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 199(2)(a) (with art. 10)
F8Words in s. 79(9) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 199(2)(b) (with art. 10)
Modifications etc. (not altering text)
C1S. 79 applied (with modifications) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 13, Sch. 2 para. 8(9)(10)
C2S. 79: amendment to earlier affecting provision S.I. 2003/1592, Sch. 2 para. 8(9)(10) (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 17(9)(10) (with arts. 20-23)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: