http://www.legislation.gov.uk/id/uksi/2003/1397

http://www.legislation.gov.uk/uksi/2003/1397/body/made

The Enterprise Act 2002 (Commencement No. 3, Transitional and Transitory Provisions and Savings)Order 2003

Fair trading

Market competition

Legislation

King's Printer of Acts of Parliament

2014-10-09

COMPETITION

CONSUMER PROTECTION

This Order brings into force on 20th June 2003 certain provisions of the Enterprise Act 2002 (“the Act”). In particular it commences the following provisions:—The remaining provisions of Part 1 not previously commenced: sections 5 to 7, which provide for the Office of Fair Trading (“OFT”) to perform various functions, and section 11, which allows for the making of super-complaints to the OFT;Section 16, which permits the making of regulations enabling the transfers of certain proceedings concerning the infringement of competition law prohibitions between the courts and the Competition Appeal Tribunal;All the provisions of Part 3 relating to mergers, other than those relating to mergers between water enterprises;Part 4, which provides for the making of market investigation references to the Competition Commission and the conduct of such references;The provisions of Part 5 not previously commenced. These in particular enable the Chairman of the Competition Commission to make rules of procedure in relation to the conduct of various reference groups of the Competition Commission;Part 6, which creates a cartel offence, and makes provision in relation to its investigation and prosecution;The provisions of Part 7 not previously commenced. Section 203 amends the provisions of the Competition Act 1998 authorising the granting of warrants giving powers of entry for the purposes of investigations into breaches of competition law. Section 204 amends the Company Directors Disqualification Act 1986 to permit the disqualification of directors involved in breaches of competition law. Section 205 permits specified consumer bodies to make super-complaints to various sectoral regulators. Section 206 permits modifications to the enforcement powers exercisable following merger and market investigations that are specified in Schedule 8. Section 208 repeals the powers to make references to the Competition Commission in Part 6 of the Fair Trading Act 1973. Section 209 gives the Secretary of State the power to modify the Competition Act 1998 and other legislation in connection with the making of regulations or directives giving effect to the principles set out in Articles 81 and 82 of the EC Treaty;Part 8, which provides for the enforcement of certain consumer legislation;Part 9, which places restrictions on the disclosure of information which comes to a public authority in connection with the exercise of functions under or by virtue of the Act and provision made under it, or such other legislation as is or may be specified;Various miscellaneous provisions in Part 11 and in the Schedules to the Act related to the above provisions, including various transitional and consequential provisions, and certain repeals.

Citation and interpretation1

1

This Order may be cited as the Enterprise Act 2002 (Commencement No.3, Transitional and Transitory Provisions and Savings) Order 2003.

2

In this Order “the Act” means the Enterprise Act 2002.

3

In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

Provisions of the Act commenced by this Order2

1

20th June 2003 is the appointed day for the coming into force of the provisions of the Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.

2

20th June 2003 is “the appointed day” for the purposes of paragraphs 13 to 18 of Schedule 24 to the Act.

Exception for mergers of water or sewerage undertakers; transitory provisions etc. relating to such mergers3

1

Where the Schedule to this Order states that any amendment, repeal or revocation comes into force for all purposes subject to this paragraph, it does not come into force for purposes relating to—

a

the making by the Secretary of State of references under section 32 of the Water Industry Act 19912 (duty to refer merger of water or sewerage undertakings), or

b

any references so made.

2

The modifications in paragraphs (3) to (5) apply until the coming into force of section 70 and Schedule 6 (which are to replace sections 32 to 35 of the Water Industry Act 1991).

3

Section 35(4) of the Water Industry Act 1991 shall have effect as if for the words from “the Secretary of State” to “the 1973 Act” there were substituted “the OFT or the Secretary of State, in a case in which, or to any extent to which, the Secretary of State is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act”.

4

Paragraph 5 of Schedule 1 to the Competition Act 19983 shall have effect as if in paragraph (d) for “OFT” there were substituted “Secretary of State”.

5

Section 121 shall have effect as if the following were omitted—

a

in subsection (1) the words from “and sections 32” to the end;

b

subsection (3)(d); and

c

in subsection (8) the words from “and sections 32” to the end.

6

Paragraph 13 of Schedule 24 shall not apply in any case in which the Secretary of State is required to make a reference under section 32 of the Water Industry Act 1991.

Transitional provisions relating to merger references4

1

Subject to paragraphs 15 to 18 of Schedule 24, the old law shall in particular continue to apply in relation to the enforcement, variation or release of any undertakings accepted before the appointed day under section 75G or 88 of the 1973 Act in relation to any relevant arrangements which are not otherwise dealt with by paragraph 13 of Schedule 24.

2

The power of the decision-making authority under section 27(5) or 29(1) (including those provisions as applied by any enactment) in relation to events or transactions is exercisable in relation to a merger which has occurred before the appointed day where the merger forms part of successive events or a series of transactions which include at least one event or transaction to which the new law applies.

3

Where the decision-making authority exercises its power as mentioned in paragraph (2) in relation to a merger which has occurred before the appointed day, paragraph 13(1) of Schedule 24 shall accordingly cease to apply in relation to the merger.

4

In this article—

“appointed day”, “relevant arrangements”, “new law” and “old law” have the same meaning as in paragraph 13 of Schedule 24;
“enactment” has the meaning given by section 129(1); and
“merger” means a ceasing of two or more enterprises to be distinct enterprises (within the meaning of Part 5 of the 1973 Act).

Savings related to section 47 of the Competition Act 19985

The commencement of section 17 shall not have effect in relation to any decision made before the 20th June 2003 and any application to the OFT or appeal to the Competition Appeal Tribunal in relation to such a decision may be made or proceeded with notwithstanding the commencement of section 17.

Savings in relation to orders and undertakings to which the Fair Trading Act 1973 applies by virtue of Schedule 11 to the Fair Trading Act 19736

The commencement of the amendments, repeals and revocations in Schedules 25 and 26 relating to the 1973 Act4 shall not have effect in relation to—

a

any orders which by virtue of paragraph 1 of Schedule 11 to that Act have effect as if made under that Act, or

b

undertakings to which paragraph 9 of Schedule 11 to that Act applies.

Savings relating to proceedings under Part III of the Fair Trading Act 19737

Where any proceedings have been commenced under Part III of the 1973 Act before the 20th June 2003 then those proceedings shall not be affected by the repeal of Part III but may be continued until they are finally determined (including any appeals that may be brought) and the Court may make any order that it could have made on the application had Part III not been repealed.

Savings relating to existing references and investigations to the Competition Commission under various regulatory statutes8

The commencement of the provisions of Schedules 11, 25 and 26 shall not have effect in relation to any reference that is made (or, in the case of the Financial Services and Markets Act 20005, any investigation that is commenced) before the 20th June 2003 under any of the following provisions—

a

section 11 of the Competition Act 19806;

b

section 13 of the Telecommunications Act 19847;

c

section 43 of the Airports Act 19868;

d

section 24 or 41E of the Gas Act 19869;

e

section 12 or 56C of the Electricity Act 198910;

f

Schedule 4 to the Broadcasting Act 199011;

g

section 12 or 14 of the Water Industry Act 199112;

h

Article 15 of the Electricity (Northern Ireland) Order 199213;

i

section 13 of, or Schedule 4A to, the Railways Act 199314;

j

Article 34 of the Airports (Northern Ireland) Order 199415;

k

Article 15 of the Gas (Northern Ireland) Order 199616;

l

section 15 of the Postal Services Act 200017;

m

section 162 or 306 of the Financial Services and Markets Act 2000; and

n

section 12 of the Transport Act 200018.

Savings related to the last annual report of the Director General of Fair Trading9

The commencement of the repeal of section 125 of the 1973 Act and section 5 of the Consumer Credit Act 197419 shall not have effect in relation to the making, laying and publishing of the annual report referred to in paragraph 5 of Schedule 24.

Savings related to repeals10

The commencement by this Order of the repeal of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Savings related to the application of section 6 of the Fair Trading Act 197311

The commencement of the repeal of section 6 of the 1973 Act shall not have effect in relation to the references to that section in the Telecommunications (Licence Modification) (Mobile Public Telecommunication Operators) Regulations 199920, the Telecommunications (Licence Modification) (British Telecommunications plc) Regulations 199921 or the Telecommunications (Licence Modification) (Kingston Communications (Hull) plc) Regulations 199922.

Savings related to action taken following certain monopoly and other references12

The commencement of the provisions of Schedules 25 and 26 in relation to the Registered Designs Act 194923, the Agricultural Marketing Act 195824, the Patents Act 197725 and the Agricultural Marketing (Northern Ireland) Order 198226 shall not have effect to prevent the taking of any action, or to affect the enforcement of any requirement or licence terms resulting from any action taken, pursuant to these enactments following a report of the Commission made before the 20th June 2003.

Stephen Timms,Minister of State for E-Commerce and Competitiveness,Department of Trade and Industry28th May 2003