Part 2Competition

Chapter 5Miscellaneous

146Meaning of “working day” in Parts 3 and 4 of EA 2002

(1)

Part 3 of EA 2002 (mergers) is amended as follows.

(2)

In Chapter 1 (duty to make references)—

(a)

in section 25 (extension of time limits)—

(i)

in subsection (1), after “20” insert “working”;

(ii)

in subsection (5), in paragraph (b), after “10” insert “working”;

(b)

omit section 32 (supplementary provision for the purposes of section 25);

(c)

in section 34ZA(3) (time limits for decisions about references) omit the definition of “working day”;

(d)

in section 34ZB (extension of time limits) omit subsection (9);

(e)

in section 34ZC (sections 34ZA and 34ZB: supplementary) omit subsection (9).

(3)

In Chapter 2 (public interest cases)—

(a)

in section 54 (decision of Secretary of State in public interest cases)—

(i)

in subsection (5), after “30” insert “working”;

(ii)

omit subsection (8);

(b)

in section 56 (competition cases where intervention on public interest grounds ceases)—

(i)

in subsection (4), in paragraph (b), after “20” insert “working”;

(ii)

omit subsection (5).

(4)

In Chapter 4 (enforcement), in section 73A (time limits for consideration of undertakings) omit subsection (12).

(5)

In Chapter 5 (supplementary)—

(a)

in section 129(1) (other interpretative provisions), at the appropriate place insert—

““working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”;

(b)

in section 130 (index of defined expressions), at the appropriate place insert—

“Working day

Section 129(1)”.

(6)

In Part 4 of EA 2002 (market studies and market investigations), in section 151 (public interest intervention cases: interaction with general procedure)—

(a)

in subsection (3), after “20” insert “working”;

(b)

in subsection (5), after “20” insert “working”;

(c)

omit subsection (6);

(d)

at the end insert—

“(7)

In this section, “working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”

(7)

In regulation 2(1) of the Enterprise Act 2002 (Merger Prenotification) Regulations 2003 (S.I. 2003/1369), for the definition of “working day” substitute—

““working day” means any day other than—

(a)

a Saturday or Sunday, or

(b)

a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971.”