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

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Article 2

SCHEDULEProvisions of the Act coming into force on 20th June 2003

Provisions of the ActPurpose
Sections 5, 6 and 7 (general functions of OFT)For all purposes
Section 11 (super-complaints to OFT)For all purposes
Section 14(6)(constitution of tribunal, etc)For all remaining purposes
Sections 16 to 20 (the Competition Appeal Tribunal)For all purposes
Sections 22 to 69, 71 to 120 (mergers)For all purposes
Section 121 (fees)For all purposes
Sections 122 to 130 (mergers)For all purposes
Part 4 (market investigations)For all purposes
Section 185 (the Commission)For the purposes of the provisions of Schedule 11 brought into force by this Order
Section 187 (Commission rules of procedure)For all purposes
Part 6 (cartel offence)For all purposes
Sections 203 to 206, 208 and 209 (miscellaneous competition provisions)For all purposes
Part 8 (enforcement of certain consumer legislation)For all purposes
Part 9 (information)For all purposes
Section 276(1) (transitional or transitory provision and savings)For all remaining purposes
Section 278 (minor and consequential amendments and repeals)For the purpose of the provisions of Schedules 25 and 26 brought into force by this Order
In Schedule 4 (tribunal: procedure)—For all purposes

  • paragraphs 2 to 26

In Schedule 5 (proceedings under Part 1 of the 1998 Act)—For all remaining purposes
paragraphs 5 to 8
Schedule 7 (enforcement regime for public interest and special public interest cases)For all purposes
Schedule 8 (provision that may be contained in certain enforcement orders)For all purposes
In Schedule 9 (certain amendments of sectoral enactments)—

  • paragraphs 1 to 6, 8(b) and 9 to 26

For all purposes

  • paragraph 7

For all purposes, subject to Article 3(1) in the case of the amendment to section 17 of the Water Industry Act 1991
Schedule 10 (procedural requirements for certain enforcement undertakings and orders)For all purposes
In Schedule 11 (the Competition Commission)—

  • paragraph 1

For the purpose of commencing the provisions of Schedule 11 brought into force by this Order

  • paragraphs 3(c), 4(d), 9

For all purposes

  • paragraph 10(1)

For the purpose of commencing the provisions of paragraph 10 brought into force by this Order

  • paragraphs 10(2) and 10(5)

For all purposes

  • paragraphs 10(4) and 11

For all purposes, subject to Article 3(1) in the case of the amendments of paragraphs 15(7) and 20 of Schedule 7 to the Competition Act 1998
Schedule 12 (Competition Commission: certain procedural rules)For all purposes
Schedule 13 (listed directives)For all purposes
Schedule 14 (specified functions)For all purposes
Schedule 15 (enactments conferring functions)For all purposes
In Schedule 24 (transitional and transitory provisions and savings)—

  • paragraphs 13 to 19 and 21

For all purposes
In Schedule 25 (minor and consequential amendments)—

  • paragraphs 1(1), 8(1), 18(1) and 38(1)

For the purpose of the other entries in paragraphs 1, 8, 18 and 38 commenced by this Order

  • paragraphs 2(1), 5(1), 13(1), 14(1), 15(1), 20(1), 21(1), 24(1), 25(1), 28(1), 30(1), 33(1), 36(1), 40(1), 42(1), 43(1), 44(1)

For all remaining purposes
paragraphs 1(2), 8(3) and 18(2) to (5)For all purposes, subject to Article 3(1) in the case of the amendments to paragraph (b) in section 11A(1) of the Registered Designs Act 1949,(1) paragraph (b) in section 51(1) of the Patents Act 1977,(2) and sections 144 and 238 of and Schedule 2A to the Copyright, Designs and Patents Act 1988(3)

  • paragraphs 1(3), 2(2), 2(3), 5(3), 5(4)(a)(ii), 5(4)(a)(iii), 5(4)(b), 8(2), 8(4), 10, 12, 13(3) to 13(5), 13(7), 13(8)(a), 13(9)(c)(ii), 13(10), 14(2) to 14(4), 15(3) to 15(6), 15(11) to 15(13), 20(3) to 20(6), 20(10)(b), 20(11), 20(12), 20(13), 21(4)(g), 24(9)(d)(ii), 24(9)(e), 24(9)(f)(ii), 24(9)(f)(iii), 24(9)(i)(iii), 24(9)(j), 25(3) to 25(6), 25(9), 25(10)(b), 28(2) to 28(4), 28(7)(b), 29, 30(2)(a), 30(2)(c), 30(3) to 30(6), 30(8), 30(11)(b), 30(15), 31, 33(2) to 33(4), 36(2) to 36(4), 36(7), 36(8), 38(35), 38(49), 40(20)(b) and 40(20)(c), 42(2) to 42(4), 42(5), 43(3)(c)(ii) and 44(2) to 44(5)

For all purposes
paragraphs 38(2) and 38(50)(a) to (c)For all purposes, subject to Article 3(1) in the case of the amendments to the existing references to the Fair Trading Act 1973 in section 3(4)(b) of and paragraphs 1 and 2 of Schedule 1 to the Competition Act 1998(4)

  • paragraph 38(50)(d)

For all purposes
In Schedule 26 (repeals and revocations) all the entries relating to the—

  • Agricultural Marketing Act 1958(5)

For all purposes

  • Trade Descriptions Act 1968(6)

For all purposes

  • Prices Act 1974(7)

For all purposes

  • Telecommunications Act 1984(8)

For all purposes

  • Companies Consolidation (Consequential Provisions) Act 1985(9)

  • For all purposes, subject to Article 3(1)

  • Weights and Measures Act 1985(10)

For all purposes

  • Airports Act 1986(11)

For all purposes

  • Consumer Protection Act 1987(12)

For all purposes

  • Copyright, Designs and Patents Act 1988

For all purposes

  • Consumer Protection (Northern Ireland) Order 1987(13)

For all purposes

  • Control of Misleading Advertisements Regulations 1988(14)

For all purposes

  • Water Act 1989(15)

For all purposes

  • EEC Merger Control (Consequential Provisions) Regulations 1990(16)

For all purposes, subject to Article 3(1)

  • Property Misdescriptions Act 1991(17)

For all purposes

  • Timeshare Act 1992(18)

For all purposes

  • Coal Industry Act 1994(19)

For all purposes

  • Airports (Northern Ireland) Order 1994(20)

For all purposes

  • Channel Tunnel Rail Link Act 1996(21)

For all purposes

  • Deregulation (Fair Trading Act 1973) (Amendment) (Merger Reference Time Limits) Order 1996(22)

For all purposes, subject to Article 3(1)

  • Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999(23)

For all purposes

  • Financial Services and Markets Act 2000(24)

For all purposes

  • Regulation of Investigatory Powers Act 2000(25)

For all purposes

  • Postal Services Act 2000(26)

For all purposes

  • Utilities Act 2000(27)

For all purposes

  • Transport Act 2000(28)

For all purposes

  • Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000(29)

For all purposes

  • Anti-terrorism, Crime and Security Act 2001(30)

For all purposes

  • Stop Now Orders (E.C. Directive) Regulations 2001(31)

For all purposes

  • EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001(32)

For all purposes
In Schedule 26 (repeals and revocations) the entries relating to the—

  • Registered Designs Act 1949(33),

  • section 11A(1)(a)

For all purposes

  • section 11A(1)(b)

For all purposes, subject to Article 3(1)

  • Fair Trading Act 1973(34),

  • sections 2, 3, 5, 6 to 11, 30, 34 to 42, 44 to 56G

For all purposes

  • sections 63 to 76, 77, 78 to 81, 82, 83, 84, 86, 88 to 93A

For all purposes, subject to Article 3(1)

  • section 93B

For all purposes

  • section 124

For all purposes

  • section 125

For all purposes

  • section 129

For all purposes, subject to Article 3(1)

  • sections 130 and 131

For all purposes

  • section 132

For all purposes, subject to Article 3(1)

  • section 133

For all purposes
the definition of the Advisory Committee" in section 137(2)For all purposes

  • section 138

For all purposes, subject to Article 3(1)

  • Schedules 4 to 7

For all purposes

  • Schedules 8 and 9

For all purposes, subject to Article 3(1)

  • Schedule 12

For all purposes

  • Consumer Credit Act 1974(35),

  • sections 5, 161(2) and 174 and Schedule 4

For all purposes

  • Patents Act 1977(36),

  • section 51(1)(a)

For all purposes

  • section 51(1)(b)

For all purposes, subject to Article 3(1)

  • Estate Agents Act 1979(37),

  • sections 9(5), 10 and 26(2)

For all purposes

  • Competition Act 1980(38),

  • sections 11, 16, 17, 18, 19, 20, 21, 24 and 31

For all purposes

  • Gas Act 1986(39),

  • sections 24, 26A, 27, 41E and Schedule 7

For all purposes

  • Electricity Act 1989(40),

  • sections 12, 14A, 43(6), 43(7), 56C and Schedule 16

For all purposes

  • Companies Act 1989(41),

  • sections 146 to 150

For all purposes, subject to Article 3(1)

  • Schedule 14

For all purposes

  • Schedule 20

For all purposes, subject to Article 3(1)

  • Courts and Legal Services Act 1990(42),

  • Schedule 18

For all purposes

  • Broadcasting Act 1990(43),

  • section 192 and Schedules 4 and 20

For all purposes

  • Water Industry Act 1991(44),

  • sections 14 and 31

For all purposes

  • Water Consolidation (Consequential Provisions) Act 1991(45),

  • paragraphs 24, 26, 33 and 34 in Schedule 1

For all purposes

  • Electricity (Northern Ireland) Order 1992(46),

  • Articles 15, 46(6) and 46(7) and Schedule 12

For all purposes

  • Railways Act 1993(47),

  • sections 4, 13, 66, 67 and Schedule 12

For all purposes

  • Deregulation and Contracting Out Act 1994(48),

  • section 7(1), Schedule 2, paragraph 2 in Schedule 4 and paragraph 2(4) in Schedule 11

For all purposes

  • section 9 and paragraph 2(3) in Schedule 11

For all purposes, subject to Article 3(1)

  • Gas (Northern Ireland) Order 1996(49)

For all purposes

  • Competition Act 1998(50),

  • sections 46(3)(h), 55, 56, 66 and 67, paragraphs 10 and 23 to 27 in Schedule 7, Schedule 10, Schedule 11, and paragraphs 1(4) to 1(7), 1(14), 4(4), 4(9), 4(10) and 10 in Schedule 12

For all purposes

  • paragraph 15(7) in Schedule 7

For all purposes, subject to Article 3(1)

  • paragraphs 4(3), 4(12) and 4(15)(a) in Schedule 12

For all purposes

  • Insolvency Act 2000(51),

  • paragraph 13(3) in Schedule 4

For all purposes
(14)

S.I. 1988/915.

(16)

S.I. 1990/1563.

(22)

S.I. 1996/345.

(23)

S.I. 1999/506.

(24)

2000 c. 8.

(29)

S.I. 2000/311.

(31)

S.I. 2001/1422.

(32)

S.I. 2001/2916.

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