Enterprise Act 2002

Acquisition of information etc

(1) The CMA has the function of obtaining, compiling and keeping under review information about matters relating to the carrying out of its functions. (2) That…

Provision of information etc. to the public

(1) The CMA has the function of— (a) making the public aware of the ways in which competition may benefit consumers in, and the economy of, the United Kingdom…

Provision of information and advice to Ministers etc

(1) The CMA has the function of— (a) making proposals, or (b) giving other information or advice, on matters relating to any of its functions to any Minister…

Exclusion of public consumer advice scheme

The CMA may not under this Part support a public consumer advice scheme, where that support of a scheme consists of providing, or securing the provision of, an…

Repeal of certain powers of direction

Section 12 of the Fair Trading Act 1973 (c. 41) (in this Act referred to as “the 1973 Act”) and section 13 of the Competition Act 1980 (c. 21) (powers of…

Part 2 of the 1973 Act

(1) The following provisions of the 1973 Act shall cease to have effect— (a) section 3 and Schedule 2 (which establish, and make provision with respect to, the…

Super-complaints to OFT

(1) This section applies where a designated consumer body makes a complaint to the CMA that any feature, or combination of features, of a market in the United…

The Competition Appeal Tribunal

— The Competition Appeal Tribunal — s. 12 — The Competition Appeal Tribunal (1) There shall be a tribunal, to be called the Competition Appeal Tribunal (in…

The Competition Service

(1) There shall be a body corporate called the Competition Service (in this Part referred to as “the Service”). (2) The purpose of the Service is to fund, and…

Constitution of Tribunal for particular proceedings and its decisions

(1) For the purposes of any proceedings before it, including proceedings relating to the approval of a collective settlement under section 49A or 49B of the…

Tribunal rules

(1) The Secretary of State may, after consulting the President and such other persons as he considers appropriate, make rules (in this Part referred to as…

Transfers of certain proceedings to and from Tribunal

(1) The Lord Chancellor may by regulations— (a) make provision enabling the court— (i) to transfer to the Tribunal for its determination so much of any…

Third party appeals

For section 47 of the 1998 Act (third party appeals) there is substituted— Third party appeals 47 (1) A person who does not fall within section 46(1) or (2)…

Monetary claims

(1) After section 47 of the 1998 Act there is inserted— Monetary claims before Tribunal 47A (1) This section applies to— (a) any claim for damages, or3 (b) any…

Claims on behalf of consumers

After section 47A of the 1998 Act (which is inserted by section 18), there is inserted— Claims brought on behalf of consumers 47B (1) A specified body may…

Findings of infringements

(1) After section 58 of the 1998 Act there is inserted— Findings of infringements Findings of infringements 58A (1) This section applies to proceedings before…

Amendment of 1998 Act relating to the Tribunal

Schedule 5 (which contains amendments of the 1998 Act relating to, and to the proceedings of, the Tribunal) has effect.

Duty to make references in relation to completed mergers

(1) The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and…

Relevant merger situations

(1) For the purposes of this Part, a relevant merger situation has been created if— (a) two or more enterprises have ceased to be distinct enterprises at a…

Time-limits and prior notice

(1) For the purposes of section 23 two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within this section if—…

Extension of time-limits

(1) The CMA and the persons carrying on the enterprises which have or may have ceased to be distinct enterprises may agree to extend by no more than 20 working…

Enterprises ceasing to be distinct enterprises

(1) For the purposes of this Part any two enterprises cease to be distinct enterprises if they are brought under common ownership or common control (whether or…

Time when enterprises cease to be distinct

(1) Subsection (2) applies in relation to any arrangements or transaction— (a) not having immediate effect or having immediate effect only in part; but (b)…

Turnover test

(1) For the purposes of section 23 the value of the turnover in the United Kingdom of the enterprise being taken over shall be determined by taking the total…

Obtaining control by stages

(1) Where an enterprise is brought under the control of a person or group of persons in the course of two or more transactions (in this section a “series of…

Relevant customer benefits

(1) For the purposes of this Part a benefit is a relevant customer benefit if— (a) it is a benefit to relevant customers in the form of— (i) lower prices…

Duty to make references in relation to anticipated mergers

(1) The CMA shall, subject to subsections (2) and (3), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and…

Supplementary provision in relation to anticipated mergers

(1) The Secretary of State may by order make such provision as he considers appropriate about the operation of sections 27 and 29 in relation to— (a)…

Time-limits for decisions about references

(1) In carrying out its function of deciding whether to make a reference under section 22(1) or 33(1), the CMA shall, within the initial period— (a) decide…

Extension of time-limits

(1) The CMA may extend the initial period for the purposes of section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable…

Sections 34ZA and 34ZB: supplementary

(1) An extension of the initial period for the purposes of section 34ZA(1) may be made under each of subsections (1) or (4) of section 34ZB. (2) No more than…

Fast-track reference requests

(1) Subsection (2) applies where the following conditions are met— (a) arrangements or proposed arrangements might have resulted or might result in the…

Fast-track reference requests: procedure

(1) This section applies where a fast-track reference request is made and not withdrawn. (2) Where the fast-track reference request is made before the…

Acceptance by the CMA of fast-track reference requests

(1) The CMA may accept a fast-track reference request only if the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that, in…

Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory…

Questions to be decided in relation to completed mergers

(1) Subject to subsections (6) and (7) and section 127(3), the CMA shall, on a reference under section 22, decide the following questions— (a) whether a…

Questions to be decided in relation to anticipated mergers

(1) Subject to subsections (5) and (6) and section 127(3), the CMA shall, on a reference under section 33, decide the following questions— (a) whether…

Cancellation and variation of references under section 22 or 33

(1) The CMA shall cancel a reference under section 33 if it considers that the proposal to make arrangements of the kind mentioned in the reference has been…

Investigations and reports on references under section 22 or 33

(1) The CMA shall prepare and publish a report on a reference under section 22 or 33 within the period permitted by section 39. (2) The report shall, in…

Time-limits for investigations and reports

(1) The CMA shall prepare and publish its report under section 38 within the period of 24 weeks beginning with the date of the reference concerned. (2) Where…

Section 39: supplementary

(1) No extension is possible under subsection (3) or (4) of section 39 where the period within which the report is to be prepared and published is determined…

Duty to remedy effects of completed or anticipated mergers

(1) Subsection (2) applies where a report of the CMA has been prepared and published under section 38 within the period permitted by section 39 and contains…

Time-limit for discharging duty under section 41

(1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under…

Section 41A: supplementary

(1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under…

Intervention by Secretary of State in certain public interest cases

(1) Subsection (2) applies where— (a) the Secretary of State has reasonable grounds for suspecting that it is or may be the case that a relevant merger…

Intervention notices under section 42

(1) An intervention notice shall state— (a) the relevant merger situation concerned; (b) the public interest consideration or considerations which are, or may…

Investigation and report by CMA

(1) Subsection (2) applies where the Secretary of State has given an intervention notice in relation to a relevant merger situation. (2) The CMA shall, within…

Additional investigation and report by OFCOM: media mergers

(1) Subsection (2) applies where— (a) the Secretary of State has given an intervention notice in relation to a relevant merger situation; and (b) the…

Power of Secretary of State to refer matter to CMA

(1) Subsections (2) to (5) apply where the Secretary of State— (a) has given an intervention notice in relation to a relevant merger situation; and (b) has…

References under section 45: supplementary

(1) No reference shall be made under section 45 if— (a) the making of the reference is prevented by section … 74(1) ... or paragraph 4 of Schedule 7; or (b) ……

Functions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act…

Questions to be decided on references under section 45

(1) The CMA shall, on a reference under section 45(2) or (3), decide whether a relevant merger situation has been created. (2) If the CMA decides that such a…

Cases where references or certain questions need not be decided

(1) The CMA shall cancel a reference under section 45(4) or (5) if it considers that the proposal to make arrangements of the kind mentioned in that reference…

Variation of references under section 45

(1) The CMA may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat—…

Investigations and reports on references under section 45

(1) The CMA shall prepare a report on a reference under section 45 and give it to the Secretary of State within the period permitted by section 51. (2) The…

Time-limits for investigations and reports by CMA

(1) The CMA shall prepare its report under section 50 and give it to the Secretary of State under that section within the period of 24 weeks beginning with the…

Section 51: supplementary

(1) No extension is possible under subsection (3) or (4) of section 51 where the period within which the report is to be prepared and given to the Secretary of…

Restrictions on action where public interest considerations not finalised

(1) The CMA shall cancel a reference under section 45 if— (a) the intervention notice concerned mentions a public interest consideration which was not…

Decision of Secretary of State in public interest cases

(1) Subsection (2) applies where the Secretary of State has received a report of the CMA under section 50 in relation to a relevant merger situation. (2) The…

Enforcement action by Secretary of State

(1) Subsection (2) applies where the Secretary of State has decided under subsection (2) of section 54 within the period required by subsection (5) of that…

Competition cases where intervention on public interest grounds ceases

(1) Where the Secretary of State decides not to make a reference under section 45 on the ground that no public interest consideration to which he is able to…

Duties of CMA and OFCOM to inform Secretary of State

(1) The CMA shall, in considering whether to make a reference under section 22, 33, 68B or 68C, bring to the attention of the Secretary of State any case which…

Specified considerations

(1) … (2) … (2A) The need for— (a) accurate presentation of news; and (b) free expression of opinion; in news media is specified in this section. (2B) The need…

Construction of consideration specified in section 58(2C)

(1) For the purposes of this Part an enterprise is a media enterprise if it consists in or involves broadcasting or is a newspaper enterprise. (2) … (3) In…

Intervention by Secretary of State in special public interest cases

(1) Subsection (2) applies where the Secretary of State has reasonable grounds for suspecting that it is or may be the case that a special merger situation has…

Construction of conditions in section 59(3C) and (3D)

(1) For the purpose of deciding whether the proportion of one-quarter mentioned in section 59(3C) or (3D) is fulfilled with respect to— (a) newspapers of any…

Special intervention notices under section 59

(1) A special intervention notice shall state— (a) the special merger situation concerned; and (b) the consideration specified in section 58 or considerations…

Initial investigation and report by CMA

(1) Subsection (2) applies where the Secretary of State has given a special intervention notice in relation to a special merger situation. (2) The CMA shall…

Additional investigation and report by OFCOM: certain media mergers

(1) Subsection (2) applies where— (a) the Secretary of State has given a special intervention notice in relation to a special merger situation; and (b) the…

Power of Secretary of State to refer the matter

(1) Subsection (2) applies where the Secretary of State— (a) has given a special intervention notice in relation to a special merger situation; and (b) has…

Functions to be exercised by CMA groups

Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act…

Questions to be decided on references under section 62

(1) The CMA shall, on a reference under section 62(2), decide whether a special merger situation has been created. (2) The CMA shall, on a reference under…

Cancellation and variation of references under section 62

(1) The CMA shall cancel a reference under section 62(3) if it considers that the proposal to make arrangements of the kind mentioned in that reference has…

Investigations and reports on references under section 62

(1) The CMA shall prepare a report on a reference under section 62 and give it to the Secretary of State within the period permitted by virtue of this section…

Decision and enforcement action by Secretary of State

(1) Subsection (2) applies where the Secretary of State has received a report of the CMA under section 65 in relation to a special merger situation. (2) The…

Relevant merger situations involving energy network mergers

(1) For the purposes of this Part, a relevant merger situation involves an energy network merger if two or more of the enterprises that cease to be distinct…

Further duty to make references in relation to completed mergers

(1) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA…

Further duty to make references in relation to anticipated mergers

(1) The CMA must make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 if the CMA…

Opinion of the Gas and Electricity Markets Authority

(1) Before forming a view for the purposes of section 68B(1)(b) or (2) or 68C(1)(b) or (2)(b), the CMA must— (a) ask the Gas and Electricity Markets Authority…

Combined references

(1) In respect of a relevant merger situation involving an energy network merger, the CMA may— (a) make a reference under both section 22 and section 68B, or…

Modification of this Part

(1) In relation to— (a) a reference, or possible reference, under section 68B, and (b) a reference, or possible reference, under section 68C, Chapter 1 of this…

Water mergers

(1) For sections 32 to 35 of the Water Industry Act 1991 (c. 56) (special provision for water merger references) there shall be substituted— Duty to refer…

Intervention by the Secretary of State

(1) The Secretary of State must give the CMA a notice (a “foreign state intervention notice”) if the Secretary of State has reasonable grounds for suspecting…

Investigation and report by the CMA

(1) Where the Secretary of State gives the CMA a foreign state intervention notice, the CMA must, within such period as the Secretary of State may require…

Intervention to prevent foreign control of a newspaper enterprise

(1) Subsection (2) applies where the Secretary of State has received a report under section 70B stating that the CMA believes that— (a) a foreign state…

Other powers under this Part

(1) Nothing in this Chapter limits the exercise of powers in relation to a foreign state newspaper merger situation under other provisions of this Part. (2)…

Meaning of “foreign power”

(1) In this Chapter, “foreign power” means— (a) the sovereign or other head of a foreign state in their public or private capacity, (b) a foreign government or…

Other interpretation

(1) … (2) For the purposes of this Chapter, a matter is finally determined when the Secretary of State— (a) makes an order under section 70C(2), or (b)…

Regulations

(1) The Secretary of State may by regulations change the meaning of— (a) “foreign power”, or (b) “newspaper”, for the purposes of this Chapter. (2) Regulations…

Initial enforcement orders: completed or anticipated mergers

(1) Subsection (2) applies where— (a) the CMA is considering whether to make a reference under section 22, 33, 68B or 68C; and (b) the CMA has reasonable…

Undertakings in lieu of references under section 22(1), 33(1), 68B or 68C

(1) Subsection (2) applies if the CMA considers that it is under a duty to make a reference under section 22(1) or 33(1) (disregarding the operation of section…

Time-limits for consideration of undertakings

(1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) or (3B) must do so before the end of the period of 5…

Section 73A: supplementary

(1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under…

Effect of undertakings under section 73

(1) The relevant authority shall not make a reference under section 22, 33 or 45 in relation to the creation of a relevant merger situation if— (a) the CMA has…

Order-making power where undertakings under section 73 not fulfilled etc

(1) Subsection (2) applies where the CMA considers that— (a) an undertaking accepted by it under section 73(2) or (3B) has not been, is not being or will not…

Supplementary interim order-making power

(1) Subsection (2) applies where— (a) the CMA has the power to make an order under section 75 in relation to a particular undertaking and intends to make such…

Restrictions on certain dealings: completed mergers

(1) Subsections (2) and (3) apply where— (a) a reference has been made under section 22 or 68B but not finally determined; and (b) no undertakings under…

Restrictions on certain share dealings: anticipated mergers

(1) Subsection (2) applies where— (a) a reference has been made under section 33 or 68C; and (b) no undertakings under section 80 are in force in relation to…

Sections 77 and 78: further interpretation provisions

(1) For the purposes of this Part a reference under section 22, 33, 68B or 68C is finally determined if— (a) the reference is cancelled under section 37(1)…

Interim undertakings

(1) Subsections (2) and (2A) apply where a reference under section 22, 33, 68B or 68C has been made but is not finally determined. (2) The CMA may, for the…

Interim orders

(1) Subsections (2) and (2A) apply where a reference has been made under section 22, 33, 68B or 68C but is not finally determined. (2) The CMA may by order…

Final undertakings

(1) The CMA may, in accordance with section 41, accept, from such persons as it considers appropriate, undertakings to take action specified or described in…

Order-making power where final undertakings not fulfilled

(1) Subsection (2) applies where the CMA considers that— (a) an undertaking accepted by it under section 82 has not been, is not being or will not be…

Final orders

(1) The CMA may, in accordance with section 41, make an order under this section. (2) An order under this section may contain— (a) anything permitted by…

Enforcement regime for public interest and special public interest cases

(1) Schedule 7 (which provides for the enforcement regime in public interest and special public interest cases) shall have effect. (2) The CMA may advise the…

Enforcement orders: general provisions

(1) An enforcement order may extend to a person’s conduct outside the United Kingdom if (and only if) he is— (a) a United Kingdom national; (b) a body…

Delegated power of directions

(1) An enforcement order may authorise the person making the order to give directions falling within subsection (2) to— (a) a person specified in the…

Contents of certain enforcement orders

(1) This section applies in relation to any order under section 70C, 75, 83 or 84 or under paragraph 5, 10 or 11 of Schedule 7. (2) The order or any…

Acceptance and subject-matter of undertakings

(A1) An appropriate authority may not accept an enforcement undertaking from a person unless it has provided the person with information about the possible…

Procedural requirements for certain undertakings and orders

Schedule 10 (which provides for the procedure for accepting certain enforcement undertakings and making certain enforcement orders and for their termination)…

Register of undertakings and orders

(1) The CMA shall compile and maintain a register for the purposes of this Part. (2) The register shall be kept in such form as the CMA considers appropriate…

Duty of CMA to monitor undertakings and orders

(1) The CMA shall keep under review— (a) the carrying out of any enforcement undertaking or any enforcement order; and (b) compliance with the prohibitions in…

Further role of CMA in relation to undertakings and orders

(1) Subsections (2) and (3) apply where— (a) … (b) the Secretary of State is considering whether to accept undertakings under paragraph ...3 or 9 of Schedule…

Rights to enforce undertakings and orders

(1) This section applies to any enforcement undertaking or enforcement order. (2) Any person to whom such an undertaking or order relates shall have a duty to…

Enforcement of undertakings and orders: imposition of penalties

(1) The appropriate authority may, in accordance with section 94AB, impose a penalty on a person— (a) from whom the authority has accepted an enforcement…

Penalties under section 94AA: amount

(1) A penalty under section 94AA(1) is to be such amount as the appropriate authority considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an…

Statement of policy in relation to functions under sections 94 and 94AA

(1) The CMA shall prepare and publish a statement of policy in relation to the exercise of functions under— (a) section 94 ...; and (b) section 94AA. (2) The…

Rights to enforce statutory restrictions

(1) The obligation to comply with section 77(2) or (3) or 78(2) or paragraph 7(2) or (3) or 8(2) of Schedule 7 shall be a duty owed to any person who may be…

Transferred EU merger commitments

— s. 95A — Transferred EU merger commitments (1) The CMA must— (a) monitor compliance with transferred EU merger commitments; and (b) take such action (if any)…

Power of directions in connection with transferred EU merger commitments

(1) The CMA may give directions falling within subsection (2) to— (a) a person specified in the directions; or (b) the holder for the time being of an office…

Merger notices

— s. 96 — Merger notices (1) A person authorised to do so by regulations under section 101 may give notice to the CMA of arrangements or proposed arrangements…

Certain functions of CMA in relation to merger notices

(1) The CMA shall, so far as practicable and when the initial period (within the meaning of section 34ZA) begins in relation to the merger notice, take such…

Exceptions to protection given by merger notices

(1) Sections 22(3)(za) and 33(3)(za) do not prevent any reference being made under section 22, 33, 68B or 68C if— (a) before the end of the initial period…

Merger notices: regulations

(1) The Secretary of State may make regulations for the purposes of sections 96 to 100. (2) The regulations may, in particular— (a) provide for ... section…

Power to modify sections 97 to 101

The Secretary of State may, for the purposes of determining the effect of giving a merger notice and the action which may be or is to be taken by any person in…

Duty of expedition in relation to references under section 45 or 62

(1) … (2) In deciding whether to make a reference under section 45 or 62 the Secretary of State shall have regard, with a view to the prevention or removal of…

Certain duties of relevant authorities to consult

(1) Subsection (2) applies where the relevant authority is proposing to make a relevant decision in a way which the relevant authority considers is likely to…

Public consultation in relation to media mergers

(1) Subsection (2) applies where the CMA— (a) is preparing— (i) a report under section 50 on a reference which specifies a media public interest consideration…

General information duties of CMA

(1) Where the CMA decides to investigate a matter so as to enable it to decide whether to make a reference under section 22, 33, 68B or 68C, or so as to make a…

Advice and information about references under section 22, 33, 68B or 68C

(1) ... The CMA shall prepare and publish general advice and information about— (a) the making and consideration by it of references under section 22, 33, 68B…

Advice and information in relation to media mergers

(1) The Secretary of State may prepare and publish general advice and information about the considerations specified in section 58(2A) to (2C). (2) The…

General advisory functions of OFCOM

(1) OFCOM may, in connection with any case on which they are required to give a report by virtue of section 44A or 61A, give such advice as they consider…

Further publicity requirements

(1) The CMA shall publish— (a) any decision made by it that the duty to make a reference under section 22(1), 33(1), 68B or 68C applies and any such reference…

Defamation

For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision or report made…

Attendance of witnesses and production of documents etc

(A1) For the purposes of this section, the permitted purposes are the following— (a) assisting the CMA in carrying out any functions, including enforcement…

Transferred EU merger commitments: witnesses, documents etc

Any power exercisable by the CMA under section 109 for “permitted purposes” (as mentioned in subsection (A1) of that section) is also exercisable by the CMA…

Extra-territorial application of notices under section 109

(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 109(2) or (3). (2) The power is exercisable so as to— (a)…

Enforcement of powers under section 109: imposition of penalties

(1) The CMA may impose a penalty on a person in accordance with section 111 where the CMA considers that— (a) the person has, without reasonable excuse, failed…

Restriction on powers to impose penalties under section 110

(1) No penalty shall be imposed by virtue of section 110(1)(a) or (b) if more than ten weeks have passed since the day which is the relevant day in the case in…

Section 110A: supplementary provision

(1) For the purpose of section 110A(5), the CMA finally decides whether to make a reference under section 22, 33, 68B or 68C if— (a) the CMA decides that the…

Penalties: amount

(1) A penalty imposed under section 110(1) or (1A) shall be of such amount as the appropriate authority considers appropriate. (2) The amount may, in the case…

Penalties: main procedural requirements

(A1) Before the appropriate authority imposes a penalty under section 110(1) or (1A), the authority must give the person concerned a provisional penalty…

Payments and interest by instalments

(1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry…

Appeals in relation to penalties

(1) This section applies if a person on whom a penalty is imposed under section 110(1) or (1A) is aggrieved by— (a) the imposition or nature of the penalty…

Recovery of penalties

Where a penalty imposed under section 110(1) or (1A), or any portion of such a penalty, has not been paid by the date on which it is required to be paid and—…

Statement of policy

(1) The CMA must prepare and publish a statement of policy in relation to— (a) the imposition of penalties under section 110, and (b) the enforcement of…

Intentional destruction etc of documents

(1) A person (“P”) commits an offence if the person intentionally alters, suppresses or destroys any document which P has been required to produce by a notice…

False or misleading information

(1) A person commits an offence if— (a) he supplies any information to the appropriate authority in connection with any of their functions under this Part; (b)…

Excisions from reports

(1) Subsection (2) applies where the Secretary of State is under a duty to publish— (a) a report of the CMA under section 44 or 61; (aa) a report of OFCOM…

Minority reports of CMA

(1) Subsection (2) applies where, on a reference to the CMA under this Part, a member of a group constituted in connection with the reference ..., disagrees…

Other general functions of OFCOM in relation to this Part

(1) OFCOM have the function of obtaining, compiling and keeping under review information about matters relating to the carrying out of their functions under…

Monitoring role for CMA in relation to media mergers

(1) The CMA has the function of obtaining, compiling and keeping under review information about matters which may be relevant to the Secretary of State in…

Review of decisions under Part 3

(1) Any person aggrieved by a decision mentioned in subsection (1A) may apply to the Competition Appeal Tribunal for a review of that decision. (1A) The…

Fees

(1) The Secretary of State may by order require the payment to him or the CMA of such fees as may be prescribed by the order in connection with the exercise by…

Power to alter conditions for a relevant merger situation

(1) The Secretary of State may by order amend or replace the conditions which determine for the purposes of this Part whether a relevant merger situation has…

Orders and regulations under Part 3

(1) Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument. (2) Any power of the…

Offences by bodies corporate

(1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to…

Service of documents by the CMA, OFCOM or the Secretary of State

(1) This section applies in relation to any document required or authorised under this Part to be served on a person by the CMA, OFCOM or the Secretary of…

Associated persons

(1) Associated persons, and any bodies corporate which they or any of them control, shall be treated as one person— (a) for the purpose of deciding under…

Supply of services and market for services etc

(1) References in this Part to the supply of services shall be construed in accordance with this section; and references in this Part to a market for services…

Other interpretation provisions

(1) In this Part, unless the context otherwise requires— “action” includes omission; and references to the taking of action include references to refraining…

Index of defined expressions

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in…

Duty to publish market study notice

(1) Where the CMA is proposing to carry out its functions under section 5 in relation to a matter for the purposes mentioned in subsection (2), the CMA must…

Power of CMA to make references

(1) The CMA may, subject to subsection (4), make a reference to its chair for the constitution of a group under Schedule 4 to the Enterprise and Regulatory…

Decisions about references under section 131: consultation

(1) This section applies to a case where the CMA has published a market study notice and— (a) the CMA is proposing to make a reference under section 131 in…

Market studies and the making of decisions to refer: time-limits etc

(1) … (2) … (3) … (4) Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes…

Time-limits under section 131B: supplementary

(1) The Secretary of State may by order amend section 131B so as to alter one or more of the following periods— (a) … (b) the period of 12 months mentioned in…

Ministerial power to make references

(1) Subsection (3) applies where, in relation to any goods or services— (a) the appropriate Minister is not satisfied with a decision of the CMA not to make a…

Contents of references

(1) A market investigation reference shall, in particular, specify— (a) the enactment under which it is made; (b) the date on which it is made; ... (c) in the…

Functions to be exercised by CMA groups

(1) Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and…

Questions to be decided on market investigation references

(1) The CMA shall, on an ordinary reference, decide whether any relevant feature of each relevant market prevents, restricts or distorts competition in…

Variation of market investigation references

(1) The CMA or (as the case may be) the appropriate Minister may at any time vary a market investigation reference made by it under section 131 or (as the case…

Investigations and reports on market investigation references

(1) The CMA shall prepare and publish a report on a market investigation reference within the period permitted by section 137. (2) The report shall, in…

Time-limits for market investigations and reports

(1) The CMA shall prepare and publish its report under section 136 within the period of 18 months beginning with the date of the market investigation reference…

Duty to remedy adverse effects

(1) Subsection (2) applies where a report of the CMA has been prepared and published under section 136 within the period permitted by section 137 and contains…

Time-limits for discharging duty under section 138

(A1) Subsection (A3) applies in relation to an adverse effect on competition in respect of which the CMA— (a) has begun an implementation trial under section…

Section 138A: supplementary

(1) A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under…

Public interest intervention by Secretary of State

(A1) This section applies where— (a) the CMA has published a market study notice in relation to a matter; or (b) the CMA has begun the process of consultation…

Intervention notices under section 139(1)

— s. 140 — Intervention notices under section 139(1) (1) An intervention notice under section 139(1) shall state— (a) the matter to which the market study…

Section 139(1) intervention notices: Secretary of State's duty to refer

(1) This section applies where— (a) the CMA has prepared a market study report in relation to a matter within the period permitted by section 131B(4); (b) an…

Variation of restricted PI references and full PI references

(1) The Secretary of State may at any time vary a restricted PI reference or a full PI reference. (2) The Secretary of State shall consult the CMA before…

Restricted PI references: questions to be decided by CMA

(1) This section applies where the Secretary of State makes a restricted PI reference. (2) The CMA shall, on an ordinary reference, decide whether any feature…

Full PI references: questions to be decided by CMA

(1) This section applies where the Secretary of State makes a full PI reference. (2) The CMA shall, on an ordinary reference, decide whether any feature, or…

Full PI references: power of Secretary of State to appoint expert

(1) This section applies where the Secretary of State makes a full PI reference. (2) The Secretary of State may appoint one or more than one person to advise…

Investigations and reports by CMA

(1) Where the Secretary of State makes a restricted PI reference or a full PI reference, the CMA shall prepare a report on the reference and take action in…

Restricted PI references: publication

(A1) This section applies in relation to a report prepared under section 142 in respect of a restricted PI reference. (1) The CMA shall publish the report if…

Full PI references: publication etc of reports of CMA

(1) This section applies in relation to a report prepared under section 142 in respect of a full PI reference. (2) The CMA shall publish the report if it…

Time-limits for investigations and reports: Part 4

(1) The CMA shall, within the period of 18 months beginning with the relevant date, prepare its report under section 142 and publish it under section 143(1) or…

Restrictions where public interest considerations not finalised: Part 4

(1) The CMA shall terminate its investigation under section 142 if— (a) the intervention notice concerned mentions a public interest consideration which was…

Restricted PI references: decision of Secretary of State

(1) Subsection (2) applies where the Secretary of State has received a report of the CMA in relation to a restricted PI reference which— (a) has been prepared…

Full PI references: decision of Secretary of State

(1) Subsection (2) applies where the Secretary of State has received a report of the CMA in relation to a full PI reference which— (a) has been prepared under…

Restricted PI references: remedial action by Secretary of State

(1) Subsection (2) applies where the Secretary of State— (a) has decided under subsection (2) of section 146 within the period required by subsection (3) of…

Full PI references: remedial action by Secretary of State

(1) Subsection (2) applies where the Secretary of State has decided under subsection (2) of section 146A within the period required by subsection (6) of that…

Restricted PI references: reversion of the matter to CMA

(1) If— (a) the Secretary of State fails to make and publish his decision under subsection (2) of section 146 within the period required by subsection (3) of…

Full PI references: reversion of the matter to CMA

(1) This section applies if— (a) the Secretary of State decides under section 146A(2) to make no finding at all in the matter; or (b) the Secretary of State…

Intervention notices under section 139(2)

— s. 149 — Intervention notices under section 139(2) (1) An intervention notice under section 139(2) shall state— (a) the proposed undertaking which may be…

Power of veto of Secretary of State

(A1) Where an intervention notice under subsection 139(1) is in force, the CMA shall not, without the consent of the Secretary of State, accept any proposed…

Public interest intervention cases: interaction with general procedure

(1) Sections 134(1), (1A), (4), (6) and (7), 136(1) to (6), 137(1) to (6), 138 and 138A do not apply in relation to a restricted PI reference or a full PI…

Certain duties of CMA

(1) The CMA shall, in considering whether to make a reference under section 131, bring to the attention of the Secretary of State any case which it believes…

Specified considerations: Part 4

(1) The interests of national security are specified in this section. (2) … (3) The Secretary of State may by order modify this section for the purpose of…

Undertakings fully or partially in lieu of references or reports

(1) This section applies where— (a) no market study notice has been published under section 130A but the CMA considers that it has the power to make a market…

Undertakings in lieu: procedural requirements

(1) Before accepting an undertaking under section 154A (other than an undertaking under that section which varies an undertaking under that section but not in…

Effect of undertakings in lieu

(A1) No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market…

Interim undertakings: Part 4

(1) Subsection (2) applies where— (a) a market investigation reference has been made; (b) a report has been published under section 136 within the period…

Interim orders: Part 4

(1) Subsection (2) applies where— (a) a market investigation reference has been made; (b) a report has been published under section 136 within the period…

Final undertakings: Part 4

(1) The CMA may, in accordance with section 138, accept, from such persons as it considers appropriate, undertakings to take action specified or described in…

Order-making power where final undertakings not fulfilled: Part 4

(1) Subsection (2) applies where the relevant authority considers that— (a) an undertaking accepted by the relevant authority under section 159 has not been…

Final orders: Part 4

(1) The CMA may, in accordance with section 138, make an order under this section. (2) The Secretary of State may, in accordance with section 147 or (as the…

Acceptance of enforcement undertakings: Part 4

(1) The relevant authority may not accept an enforcement undertaking from a person unless it has provided the person with information about the possible…

Implementation trials: purpose and interpretation

(1) This section and sections 161C to 161E make provision in relation to the acceptance of undertakings and making of orders by a relevant authority on a trial…

Power to conduct implementation trials

(1) The CMA may, in relation to a market investigation reference, begin an implementation trial where— (a) subsection (2) of section 138 applies (see…

Implementation trials: notices

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

Implementation trials: supplementary

(1) The relevant authority may not accept an undertaking from a person under section 161C unless it has provided the person with information about the possible…

Duty of CMA to monitor the carrying out of undertakings and orders: Part 4

(1) The CMA shall keep under review the carrying out of any enforcement undertaking or any enforcement order. (2) The CMA shall, in particular, from time to…

Duty of CMA to monitor effectiveness of undertakings and orders: Part 4

(1) The CMA must keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part. (2) The…

Power to vary etc undertakings and orders: implementation trials

(1) This section applies in relation to implementation trial measures imposed in accordance with section 161C. (2) The CMA must keep under review the…

Role of CMA in relation to undertakings and orders in public interest cases: Part 4

(1) Subsections (2) and (3) apply where ... the Secretary of State ... is considering whether to accept undertakings under section 157 or 159. (2) The…

Enforcement undertakings and orders under this Part: general provisions

(1) The provision which may be contained in an enforcement undertaking is not limited to the provision which is permitted by Schedule 8. (2) The following…

Procedural requirements for certain undertakings and orders: Part 4

Schedule 10 (procedural requirements for certain undertakings and orders), other than paragraph 9 of that Schedule, shall apply in relation to undertakings…

Register of undertakings and orders: Part 4

(1) The CMA shall compile and maintain a register for the purposes of this Part. (2) The register shall be kept in such form as the CMA considers appropriate…

Rights to enforce undertakings and orders under this Part

(1) This section applies to (a) any enforcement undertaking or enforcement order; (b) any undertaking accepted, or order made, under section 161C. (2) Any…

Enforcement of undertakings and orders etc: imposition of penalties

(1) The relevant authority may, in accordance with section 167B, impose a penalty on a person— (a) from whom the authority has accepted an enforcement…

Penalties under section 167A: amount

(1) A penalty under section 167A(1) is to be such amount as the relevant authority considers appropriate. (2) The amount must be— (a) a fixed amount, (b) an…

Statement of policy in relation to functions under sections 167 and 167A

(1) The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 167 and 167A. (2) The CMA must, in…

Regulated markets

— s. 168 — Regulated markets (1) Subsection (2) applies where the CMA or the Secretary of State is considering for the purposes of this Part whether relevant…

Certain duties of relevant authorities to consult: Part 4

(1) Subsection (2) applies where the relevant authority is proposing to make a relevant decision in a way which the relevant authority considers is likely to…

General information duties

(1) … (2) … (3) The CMA shall give the Secretary of State or the appropriate Minister so far as he is not the Secretary of State acting alone— (a) such…

Advice and information: Part 4

(1) ... The CMA shall prepare and publish general advice and information about — (a) the making and consideration by it of market investigation references, and…

Further publicity requirements: Part 4

(1) The CMA shall publish— (a) any reference made by it under section 131, other than a reference treated as so made by virtue of section 140A(5)(b); (aa) any…

Defamation: Part 4

For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision or report made…

Attendance of witnesses and production of documents etc

(1) For the purposes of this section, the permitted purposes are the following— (a) assisting the CMA in carrying out its functions under section 5 in relation…

Extra-territorial application of notices under section 174

(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5). (2) The power is exercisable so as to— (a)…

Enforcement of powers under section 174: imposition of penalties

(1) The CMA may impose a penalty on a person in accordance with section 174D where the CMA considers that— (a) the person has, without reasonable excuse…

Restriction on powers to impose penalties under section 174A

(1) No penalty shall be imposed by virtue of section 17A(1)(a) or (b) if more than ten weeks have passed since the day which is the relevant day in the case in…

Section 174B: supplementary provision

(1) For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if— (a) the CMA publishes the market study report…

Penalties: amount

(1) A penalty imposed under section 174A(1) or (1A) shall be of such amount as the relevant authority considers appropriate. (2) In the case of a penalty…

Statement of policy on penalties

(1) The CMA must prepare and publish a statement of policy in relation to— (a) the imposition of penalties under section 174A, and (b) the enforcement of…

Excisions from reports etc: Part 4

(1) Subsection (2) applies where (a) the Secretary of State is under a duty to publish a report of the CMA under section 142; (b) the Secretary of State is…

Minority reports of CMA: Part 4

(1) Subsection (2) applies where, on a market investigation reference, a member of a group constituted in connection with the reference ..., disagrees with any…

Review of decisions under Part 4

(1) Any person aggrieved by a decision of the CMA, the appropriate Minister, or the Secretary of State in connection with a reference or possible reference…

Offences

(1) Sections 116A (intentional destruction etc of documents), 117 (false or misleading information) and 125 (offences by bodies corporate) shall apply, with…

Orders and regulations under Part 4

(1) Any power of the Secretary of State to make an order or regulations under this Part shall be exercisable by statutory instrument. (2) Any power of the…

Service of documents: Part 4

Section 126 shall apply for the purposes of this Part as it applies for the purposes of Part 3.

Interpretation: Part 4

(1) In this Part, unless the context otherwise requires— “action” includes omission; and references to the taking of action include references to refraining…

Index of defined expressions: Part 4

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in…

Cartel offence

— Cartel offence — s. 188 — Cartel offence (1) An individual is guilty of an offence if he ... agrees with one or more other persons to make or implement, or…

Circumstances in which cartel offence not committed

(1) An individual does not commit an offence under section 188(1) if, under the arrangements— (a) in a case where the arrangements would (operating as the…

Defences to commission of cartel offence

(1) In a case where the arrangements would (operating as the parties intend) affect the supply in the United Kingdom of a product or service, it is a defence…

Cartel offence: supplementary

(1) For section 188(2)(a), the appropriate circumstances are that A’s supply of the product or service would be at a level in the supply chain at which the…

Cartel offence: penalty and prosecution

(1) A person guilty of an offence under section 188 is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a…

Cartel offence: prosecution guidance

(1) The CMA must prepare and publish guidance on the principles to be applied in determining, in any case, whether proceedings for an offence under section…

Investigation of offences under section 188

(1) The CMA may conduct an investigation if there are reasonable grounds for suspecting that an offence under section 188 has been committed. (2) The powers of…

Powers when conducting an investigation

(1) The CMA may by notice in writing require the person under investigation, or any other person who it has reason to believe has relevant information, to…

Power to enter premises under a warrant Prospective

(1) On an application made to it by the CMA or, in Scotland, the procurator fiscal, the appropriate body may issue a warrant if it is satisfied that there are…

Exercise of powers by authorised person

(1) The CMA may authorise any competent person who is not an officer of the CMA to exercise on its behalf all or any of the powers conferred by section 193 or…

Privileged information etc

(1) A person may not under section 193 or 194 be required to disclose any information or produce any document which he would be entitled to refuse to disclose…

Restriction on use of statements in court

(1) A statement by a person in response to a requirement imposed by virtue of section 193 or 194 may only be used in evidence against him— (a) on a prosecution…

Use of statements obtained under Competition Act 1998

In the 1998 Act, after section 30 there is inserted— Use of statements in prosecution 30A A statement made by a person in response to a requirement imposed by…

Surveillance powers

(1) The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows. (2) In section 32 (authorisation of intrusive surveillance)— (a) after…

Authorisation of action in respect of property

(1) Part 3 of the Police Act 1997 (c. 50) (authorisation of action in respect of property) is amended as follows. (2) In section 93 (authorisation to interfere…

Offences

(1) Any person who without reasonable excuse fails to comply with a requirement imposed on him under section 193 or 194 is guilty of an offence and liable on…

Interpretation of sections 192 to 201

In sections 192 to 201— “documents” includes information recorded in any form and, in relation to information recorded otherwise than in a form in which it is…

Powers of entry

under 1998 Act — s. 203 — Powers of entry (1) The 1998 Act is amended as follows. (2) In section 28 (power to enter premises under a warrant), after subsection…

Disqualification

(1) The Company Directors Disqualification Act 1986 (c. 46) is amended as follows. (2) The following sections are inserted after section 9 (matters for…

Super-complaints to regulators other than CMA

(1) The Secretary of State may by order provide that section 11 is to apply to complaints made to a specified regulator in relation to a market of a specified…

Power to modify Schedule 8

(1) The Secretary of State may by order made by statutory instrument modify Schedule 8. (2) An order under this section may make— (a) different provision for…

Repeal of Schedule 4 to the 1998 Act

Section 3(1)(d) of and Schedule 4 to the 1998 Act (which provide for the exclusion from the Chapter 1 prohibition in cases involving designated professional…

Repeal of Part 6 of Fair Trading Act 1973

Sections 78 to 80 of the 1973 Act (references to Commission other than monopoly and merger references) shall cease to have effect.

General restriction

(1) This section applies to specified information which relates to— (a) the affairs of an individual; (b) any business of an undertaking. (2) Such information…

Information

— Restrictions on disclosure — s. 238 — Information (1) Information is specified information if it comes to a public authority in connection with the exercise…

Consent

(1) This Part does not prohibit the disclosure by a public authority of information held by it to any other person if it obtains each required consent. (2) If…

Statutory functions

(1) A public authority which holds information to which section 237 applies may disclose that information for the purpose of facilitating the exercise by the…

Civil proceedings

(1) A public authority which holds prescribed information to which section 237 applies may disclose that information to any person— (a) for the purposes of, or…

Criminal proceedings

(1) A public authority which holds information to which section 237 applies may disclose that information to any person— (a) in connection with the…

Overseas disclosures for both overseas and domestic purposes

(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for…

Overseas disclosures for overseas purposes only

(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for…

Overseas disclosures for designated cooperation arrangement purposes

(1) A public authority which holds information to which section 237 applies (“the discloser”) may disclose that information to an overseas public authority for…

Use and further disclosure of information disclosed under sections 243A and 243B

(1) Subsections (2) and (3) apply to information disclosed by virtue of section 243A to the extent that the disclosure was to facilitate the exercise by the…

Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B

(1) The Secretary of State may direct that a disclosure permitted under section 243A or 243B must not be made if the Secretary of State thinks that, in…

Relevant considerations relating to overseas disclosures under sections 243A and 243B

(1) This section applies when a public authority is deciding whether to make a disclosure under section 243A or 243B. (2) In deciding whether to make a…

Specified information: considerations relevant to disclosure

(1) A public authority must have regard to the following considerations before disclosing any specified information (within the meaning of section 238(1)). (2)…

Offences

— s. 245 — Offences (1) A person commits an offence if he discloses information to which section 237 applies in contravention of section 237(2). (2) A person…

Interpretation

In this Part— “commercial information” means information relating to any business of an undertaking whose disclosure the public authority concerned or, for the…

Repeals

The following enactments (which make provision as to the disclosure of certain information) shall cease to have effect— (a) section 28(5) and (5A) of the Trade…

Replacement of Part II of Insolvency Act 1986

(1) The following shall be substituted for Part II of the Insolvency Act 1986 (c. 45) (administration orders)— Part II administration Administration 8 Schedule…

Special administration regimes

(1) Section 248 shall have no effect in relation to— (a) a company holding an appointment under Chapter I of Part II of the Water Industry Act 1991 (c. 56)…

Prohibition of appointment of administrative receiver

(1) The following shall be inserted after Chapter III of Part III of the Insolvency Act 1986 (receivership: receivers’ powers)— CHAPTER IV PROHIBITION OF…

Abolition of Crown preference

(1) The following paragraphs of Schedule 6 to the Insolvency Act 1986 (categories of preferential debts) shall cease to have effect— (a) paragraphs 1 and 2…

Unsecured creditors

The following shall be inserted after section 176 of the Insolvency Act 1986 (winding up: preferential debt)— Property subject to floating charge Share of…

Liquidator’s powers

The following shall be inserted in Part I of Schedule 4 to the Insolvency Act 1986 (c. 45) (liquidator’s powers in winding up: powers exercisable only with…

Application of insolvency law to foreign company

(1) The Secretary of State may by order provide for a provision of the Insolvency Act 1986 to apply (with or without modification) in relation to a company…

Application of law about company arrangement or administration to non-company

(1) The Treasury may with the concurrence of the Secretary of State by order provide for a company arrangement or administration provision to apply (with or…

Duration of bankruptcy

(1) The following shall be substituted for section 279 of the Insolvency Act 1986 (c. 45) (duration of bankruptcy)— Duration 279 (1) A bankrupt is discharged…

Post-discharge restrictions

(1) The following shall be inserted after section 281 of the Insolvency Act 1986 (c. 45) (bankruptcy: effect of discharge)— Post-discharge restrictions 281A…

Investigation by official receiver

The following shall be substituted for section 289 of the Insolvency Act 1986 (official receiver’s duty to investigate)— Investigatory duties of official…

Income payments order

(1) Section 310 of the Insolvency Act 1986 (income payments order) shall be amended as follows. (2) In subsection (1) omit “, on the application of the…

Income payments agreement

The following shall be inserted after section 310 of the Insolvency Act 1986 (c. 45) (income payments order)— Income payments agreement 310A (1) In this…

Bankrupt’s home

(1) The following shall be inserted after section 283 of the Insolvency Act 1986 (definition of bankrupt’s estate)— Bankrupt’s home ceasing to form part of…

Powers of trustee in bankruptcy

The following shall be inserted in Part I of Schedule 5 to the Insolvency Act 1986 (powers of trustee in bankruptcy: powers exercisable only with sanction)…

Repeal of certain bankruptcy offences

The following sections of the Insolvency Act 1986 shall cease to have effect— (a) section 361 (offence of failure to keep proper accounting records), and (b)…

Individual voluntary arrangement

(1) Schedule 22 (which makes provision about individual voluntary arrangements) shall have effect. (2) … (3) … (4) …

Disqualification from office: Parliament

(1) The following shall be inserted before section 427 of the Insolvency Act 1986 (c. 45) (the title to which becomes “ Disqualification from Parliament…

Disqualification from office: local government

(1) The following shall be substituted for section 80(1)(b) of the Local Government Act 1972 (c. 70) (disqualification for membership of local authority…

Disqualification from office: general

(1) The Secretary of State may make an order under this section in relation to a disqualification provision. (2) A “disqualification provision” is a provision…

Minor and consequential amendments

Schedule 23 (minor and consequential amendments relating to individual insolvency) shall have effect.

Fees

(1) The following shall be inserted after section 415 of the Insolvency Act 1986 (c. 45) (fees orders: individual insolvency)— Fees orders (general) 415A (1)…

Insolvency Services Account: interest

(1) The following shall be inserted after paragraph 16 of Schedule 8 to the Insolvency Act 1986 (company insolvency rules: money)— 16A Provision enabling the…

Insolvency Services Accounts

(1) Section 405 of the Insolvency Act 1986 (operation of Investment Account) shall cease to have effect. (2) The following shall be substituted for section 408…

Interpretation

In this Act— “the 1973 Act” means the Fair Trading Act 1973 (c. 41); “the 1998 Act” means the Competition Act 1998 (c. 41); “the CMA” means the Competition and…

Provision of financial assistance for consumer purposes

The Secretary of State may give financial assistance to any person for the purpose of assisting— (a) activities which the Secretary of State considers are of…

Financial provision

There shall be paid out of money provided by Parliament— (a) any expenditure incurred by the OFT, the Secretary of State, any other Minister of the Crown or a…

Transitional or transitory provision and savings

(1) Schedule 24 (which makes transitional and transitory provisions and savings) has effect. (2) The Secretary of State may by order made by statutory…

Power to make consequential amendments etc

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he thinks appropriate— (a) for the general purposes…

Minor and consequential amendments and repeals

(1) Schedule 25 (which contains minor and consequential amendments) has effect. (2) Schedule 26 (which contains repeals and revocations) has effect.

Commencement

The preceding provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and…

Extent

(1) Sections 256 to 265, 267, 269 and 272 extend only to England and Wales. (2) Sections 204, 248 to 255 and 270 extend only to England and Wales and Scotland…

Short title

This Act may be cited as the Enterprise Act 2002.

Appointment, etc. of President and chairmen

(1) A person is not eligible for appointment as President unless— (a) he satisfies the judicial-appointment eligibility condition on a 7-year basis; (b) he is…

Sch. 2 para. 2

(1) The members appointed as President or as chairmen shall hold and vacate office in accordance with their terms of appointment, subject to the following…

Sch. 2 para. 3

If the President is absent or otherwise unable to act the Lord Chancellor may appoint as acting President any person qualified for appointment as a chairman.

Appointment, etc. of ordinary members

(1) Ordinary members shall hold and vacate office in accordance with their terms of appointment, subject to the following provisions. (2) A person may not be…

Remuneration etc. for members

(1) The Competition Service shall pay to the President, the chairmen and the ordinary members such remuneration (whether by way of salaries or fees), and such…

Compensation for loss of office

If, where any person ceases to hold office as President, a chairman or ordinary member, the Secretary of State determines that there are special circumstances…

Staff, accommodation and property

Any staff, office accommodation or equipment required for the Tribunal shall be provided by the Competition Service.

Miscellaneous

The President must arrange such training for members of the Tribunal as he considers appropriate.

Sch. 2 para. 9

In this Schedule “chairman” and “ordinary member” mean respectively a member of the panel of chairmen, or a member of the panel of ordinary members, appointed…

Sch. 2 para. 10

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate…

Sch. 2 para. 11

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the…

Membership of the Service

(1) The Service shall consist of— (a) the President of the Competition Appeal Tribunal; (b) the Registrar of the Competition Appeal Tribunal; and (c) one or…

Chairman of Service

(1) Subject to sub-paragraph (2), the members shall choose one of their number to be chairman of the Service. (2) The Secretary of State shall designate one of…

Appointed members

An appointed member shall hold and vacate office in accordance with the terms of his appointment (and is eligible for re-appointment).

Allowances, etc. for members

(1) The Service shall pay— (a) such travelling and other allowances to its members, and (b) such remuneration to any appointed member, as may be determined by…

Sch. 3 para. 5

If, where any person ceases to hold office as an appointed member, the Secretary of State determines that there are special circumstances which make it right…

Staff

(1) The Service may, with the approval of the Secretary of State as to numbers and terms and conditions of service, appoint such staff as it may determine. (2)…

Procedure

(1) The Service may regulate its own procedure (including quorum). (2) The validity of anything done by the Service is not affected by a vacancy among its…

Sch. 3 para. 8

(1) The application of the seal of the Service shall be authenticated by the signature of— (a) any member; or (b) some other person who has been authorised for…

Sch. 3 para. 9

A document purporting to be duly executed under the seal of the Service, or signed on its behalf, shall be received in evidence and, unless the contrary is…

The Service’s powers

The Service has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

Accounts

(1) The Service shall keep proper accounts and proper records in relation to its accounts. (2) In performing that duty the Service shall, in addition to…

Sch. 3 para. 12

(1) The Service shall— (a) prepare a statement of accounts in respect of each of its financial years; and (b) prepare a statement of accounts for the Tribunal…

Sch. 3 para. 17

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate…

Sch. 3 para. 18

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the…

Decisions of the Tribunal

(1) A decision of the Tribunal in any proceedings before it must— (a) state the reasons for the decision; (aa) state whether the decision was unanimous or…

Enforcement of injunctions in England and Wales and Northern Ireland

(1) Where a person (“A”) fails to comply with an injunction granted by the Tribunal in relevant proceedings, the Tribunal may certify the matter to the High…

Enforcement of decisions in Great Britain

If a decision of the Tribunal is registered in England and Wales in accordance with rules of court or any practice direction— (a) payment of damages which are…

Sch. 4 para. 3

If a decision of the Tribunal awards damages, costs or expenses, or results in any direction being given, the decision may be recorded for execution in the…

Sch. 4 para. 4

Subject to rules of court or any practice direction, a decision of the Tribunal may be registered or recorded for execution— (a) for the purpose of enforcing a…

Enforcement of decisions in Northern Ireland

(1) A decision of the Tribunal may be enforced in Northern Ireland with the leave of the High Court in Northern Ireland— (a) in the case of a direction given…

Miscellaneous

A decision of the Tribunal in proceedings under section 47B of the 1998 Act which— (a) awards damages to a person in respect of a claim made or continued on…

Sch. 4 para. 7

An award of costs or expenses against a representative in proceedings under section 47B of the 1998 Act may not be enforced against any person on whose behalf…

Sch. 4 para. 8

In this Part of this Schedule any reference to damages includes a reference to any sum of money (other than costs or expenses) which may be awarded in respect…

General

(1) In this Schedule “the Tribunal”, in relation to any proceedings before it, means the Tribunal as constituted (in accordance with section 14) for the…

Sch. 4 para. 10

Tribunal rules may make different provision for different kinds of proceedings.

Institution of proceedings

(1) Tribunal rules may make provision as to proceedings on an application for a relevant warrant or section 75 of the Digital Markets, Competition and…

Sch. 4 para. 11

(1) Tribunal rules may make provision as to the period within which and the manner in which proceedings are to be brought. (2) That provision may, in…

Sch. 4 para. 12

Tribunal rules may provide for the Tribunal to reject any proceedings (other than proceedings under section 47A or 47B of the 1998 Act) if it considers that—…

Sch. 4 para. 13

(1) Tribunal rules may provide for the Tribunal— (a) to reject a claim made under section 47A of the 1998 Act or a section 47B claim if it considers that there…

Sch. 4 para. 14

Tribunal rules may provide for the Tribunal to reject any proceedings if it is satisfied that the person instituting the proceedings has habitually and…

Sch. 4 para. 15

Tribunal rules must ensure that no proceedings are rejected without giving the parties the opportunity to be heard.

Fast-track procedure

(1) Tribunal rules may make provision in relation to a fast-track procedure for claims made in proceedings under section 47A of the 1998 Act, including…

Collective proceedings

(1) Tribunal rules may make provision in relation to collective proceedings under section 47B of the 1998 Act. (2) Rules under sub-paragraph (1) must in…

Collective settlements

(1) Tribunal rules may make provision in relation to collective settlements under sections 49A and 49B of the 1998 Act. (2) Rules under sub-paragraph (1) must…

Pre-hearing reviews and preliminary matters

(1) Tribunal rules may make provision for the carrying out by the Tribunal of a preliminary consideration of proceedings (a “pre-hearing review”). (2) That…

Conduct of the hearing

(1) Tribunal rules may make provision— (a) as to the manner in which proceedings are to be conducted, including provision for any hearing to be held in private…

Quorum

(1) Tribunal rules may make provision as to the consequences of a member of the Tribunal being unable to continue after part of any proceedings have been…

Interest

(1) Tribunal rules may make provision allowing the Tribunal to order that interest is payable on any sum awarded by the Tribunal or on any fees ordered to be…

Fees

(1) Tribunal rules may provide— (a) for fees to be chargeable in respect of specified costs of proceedings; and (b) for the amount of such costs to be…

Stay or sist of proceedings

(1) In relation to proceedings in England and Wales or Northern Ireland under section 47A or 47B of the 1998 Act, Tribunal rules may make provision as to the…

Withdrawal of proceedings

(1) Tribunal rules may make provision— (a) preventing a party who has instituted proceedings from withdrawing them without the permission of the Tribunal or…

Injunctions

Tribunal rules may make provision in relation to the grant of injunctions (including interim injunctions) in proceedings under section 47A or 47B of the 1998…

Declarations and declarators

Tribunal rules may make provision in relation to the grant of declarations or declarators (including interim declarations or interim declarators) in…

Interim orders

(1) Tribunal rules may provide for the Tribunal to make an order, on an interim basis— (a) suspending the effect of any decision which is the subject matter of…

Miscellaneous

(1) Tribunal rules may make provision enabling the Tribunal to decide where to sit for the purposes of, or of any part of, any proceedings before it. (2)…

Sch. 4 para. 24

Tribunal rules may make provision— (a) for a person who is not a party to be joined in any proceedings; (b) for hearing a person who is not a party where, in…

Sch. 4 para. 25

Tribunal rules may make provision for the Tribunal to transfer all or any part of a claim made in proceedings under section 47A of the 1998 Act to— (a) the…

Sch. 4 para. 26

Tribunal rules may make provision in connection with the transfer of any proceedings from a court mentioned in paragraph 25 to the Tribunal under section 16.

Sch. 5 para. 1

Part 1 of the 1998 Act is amended as follows.

Sch. 5 para. 2

In section 46 (appealable decisions)— (a) in subsections (1) and (2), for “the Competition Commission” there is substituted “ the Tribunal ”; (b) in subsection…

Sch. 5 para. 3

Section 48 (appeal tribunals) shall cease to have effect.

Sch. 5 para. 4

For section 49 there is substituted— Further appeals 49 (1) An appeal lies to the appropriate court— (a) from a decision of the Tribunal as to the amount of a…

Sch. 5 para. 5

In section 58(1) (findings of fact by director)— (a) in paragraph (a), after “appeal” there is inserted “ under section 46 or 47 ”; and (b) in paragraph (b)…

Sch. 5 para. 6

In section 59(1) (interpretation of Part 1)— (a) the definition of “appeal tribunal” shall cease to have effect; (b) after the definition of “the Treaty” there…

Sch. 5 para. 7

(1) Schedule 7 (the Competition Commission) is amended as follows. (2) In paragraph 1 (interpretation)— (a) the definitions of “appeal panel member” and “the…

Sch. 5 para. 8

(1) Schedule 8 (appeals) is amended as follows. (2) Paragraph 1 shall cease to have effect. (3) In paragraph 2 (general procedure for appeals under Part 1)—…

General modifications

(1) Chapter 1 (other than sections 22 and 33) has effect as if— (a) references to a reference or possible reference under section 22 were references to a…

Meaning of “the decision-making authority”

Section 22(7)(a) (meaning of “the decision-making authority”) has effect as if after “section 33” there were inserted “, 68B or 68C”.

Turnover

Section 23 (relevant merger situations) has effect as if— (a) in subsection (1), for paragraph (b) there were substituted— (b) the value of the turnover in…

Turnover

Section 28 (turnover test) has effect as if— (a) references to the United Kingdom were to Great Britain; (b) in subsection (5)— (i) in the words before…

Relevant customer benefits

Section 30 (relevant customer benefits) has effect as if— (a) in subsection (1)(a)(i), for “lessening of competition concerned” there were substituted…

Time limits for decisions about references

Section 34ZA (time-limits for decisions about references) has effect as if— (a) in subsection (1)(a)— (i) the reference to section 22(2) were to section…

Sch. 5A para. 5A

Chapter 1 has effect as if sections 34ZD to 34ZF (fast-track reference requests) were omitted.

Questions to be decided in relation to completed mergers

Section 35 (questions to be decided in relation to completed mergers) has effect as if— (a) in subsection (1)(a), after “situation” there were inserted…

Questions to be decided in relation to anticipated mergers

Section 36 (questions to be decided in relation to anticipated mergers) has effect as if— (a) in subsection (1)(a), after “situation” there were inserted…

Time-limits for investigations and reports

Section 39 (time-limits for investigations and reports) has effect as if subsection (3A) were omitted.

Duty to remedy effects of completed or anticipated mergers

Section 41 (duty to remedy effects of completed or anticipated mergers) has effect as if— (a) in subsection (1), for “an anti-competitive outcome” there were…

Application of sections 23 to 29

(1) Sections 23 to 29 apply for the purposes of Chapter 3A of Part 1, subject to the following modifications. (2) Section 23 is to be read as if— (a) in…

Application of the Enterprise Act 2002 (Anticipated Mergers) Order 2003 (S.I. 2003/1595)

(1) The Enterprise Act 2002 (Anticipated Mergers) Order 2003 applies for the purposes of Chapter 3A of Part 1, subject to the following modifications. (2) In…

Sch. 6B para. 1

(1) A foreign power is able to control or influence the policy of a person for the purposes of section 70A if one or more of the following conditions is met…

Sch. 6B para. 2

In this Schedule, “officer”— (a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary…

Introduction

This Part applies where a foreign power would (apart from this Part of this Schedule) be able to control or influence the policy of a person (a “newspaper…

State owned investors

(1) A foreign power (“the main foreign power”) is not able to control or influence the policy of a newspaper owner by virtue of the shares condition or the…

Sch. 6B para. 2C

(1) For the purposes of paragraph 2B, a person is a state owned investor acting on behalf of a foreign power where— (a) condition 1 or 2 is met, and (b)…

Associated persons

(1) A foreign power is not able to control or influence the policy of a newspaper owner by virtue of the shares condition or the voting rights condition where—…

Interpretation

— Sch. 6B para. 3 — Interpretation This Part makes provision about the interpretation of this Schedule.

Joint interests

If a foreign power holds a share or right jointly with another person (whether or not a foreign power), each of those persons is to be taken to hold that share…

Joint arrangements

(1) If shares or rights held by a foreign power and shares or rights held by another person (whether or not a foreign power) are the subject of a joint…

Calculating shareholdings

(1) In relation to a person that has a share capital, a reference to holding any of the shares in that person is to holding any shares comprised in the issued…

Voting rights

(1) A reference to the voting rights in a person is to the rights conferred on shareholders in respect of their shares (or, in the case of a person not having…

Voting rights

In applying this Schedule, voting rights in a person held by the person itself are to be disregarded.

Shares or rights held “indirectly”

(1) A foreign power holds a share “indirectly” if the foreign power has any stake in a person and that person— (a) holds the share in question, or (b) is part…

Shares held by nominees

A share held by a person as a nominee for another is to be treated as held by the other (and not by the nominee).

Rights treated as held by person who is able to control their exercise

(1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person…

Arrangements

(1) For the purposes of this Schedule, “arrangement” includes— (a) any scheme, agreement or understanding, whether or not it is legally enforceable, and (b)…

Rights exercisable only in certain circumstances etc

(1) Rights that are exercisable only in certain circumstances are to be taken into account only— (a) where the circumstances have arisen, and for so long as…

Rights attached to shares held by way of security

Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person— (a) where…

Sch. 6B para. 15

(1) The Secretary of State may by regulations make provision— (a) to change (by increasing or decreasing) the proportion of shares or rights which a foreign…

Sch. 7 para. 2

(1) Sub-paragraph (2) applies where an intervention notice or special intervention notice is in force. (2) The Secretary of State or the CMA may by order, for…

Undertakings in lieu of reference under section 45 or 62

(1) Sub-paragraph (2) applies if the Secretary of State has power to make a reference to the Commission under section 45 or 62 and otherwise intends to make…

Sch. 7 para. 4

(1) The relevant authority shall not make a reference under section 22, 33, 45, 68B or 68C in relation to the creation of a relevant merger situation or (as…

Sch. 7 para. 5

(1) Sub-paragraph (2) applies where the Secretary of State considers that— (a) an undertaking accepted ... under paragraph 3 has not been, is not being or will…

Sch. 7 para. 6

(1) Sub-paragraph (2) applies where— (a) the Secretary of State has the power to make an order under paragraph 5 in relation to a particular undertaking and…

Statutory restrictions following reference under section 45 or 62

(1) Sub-paragraphs (2) and (3) apply where— (a) a reference has been made under section 45(2) or (3) or 62(2) but not finally determined; and (b) no orders…

Sch. 7 para. 8

(1) Sub-paragraph (2) applies where— (a) a reference has been made under section 45(4) or (5) or 62(3); and (b) no orders under paragraph 2 are in force in…

Final undertakings and orders

(1) The Secretary of State may, in accordance with section 55 or (as the case may be) 66(5) to (7), accept, from such persons as he considers appropriate…

Sch. 7 para. 10

(1) Sub-paragraph (2) applies where the Secretary of State considers that— (a) an undertaking accepted by him under paragraph 9 has not been, is not being or…

Sch. 7 para. 11

(1) The Secretary of State may, in accordance with section 55 or (as the case may be) 66(5) to (7), make an order under this paragraph. (2) An order under this…

Introductory

This Schedule applies in relation to such orders, and to such extent, as is provided by this Part and Part 4 and any other enactment; and references in this…

General restrictions on conduct

(1) An order may— (a) prohibit the making or performance of an agreement; (b) require any party to an agreement to terminate the agreement. (2) An order made…

Sch. 8 para. 3

(1) An order may prohibit the withholding from any person of— (a) any goods or services; (b) any orders for any such goods or services. (2) References in…

Sch. 8 para. 4

An order may prohibit requiring as a condition of the supply of goods or services to any person— (a) the buying of any goods; (b) the making of any payment in…

Sch. 8 para. 5

An order may prohibit— (a) discrimination between persons in the prices charged for goods or services; (b) anything which the relevant authority considers to…

Sch. 8 para. 6

An order may prohibit— (a) giving, or agreeing to give in other ways, any preference in respect of the supply of goods or services or in respect of the giving…

Sch. 8 para. 7

An order may prohibit— (a) charging, for goods or services supplied, prices differing from those in any published list or notification; (b) doing anything…

Sch. 8 para. 8

(1) An order may regulate the prices to be charged for any goods or services. (2) No order shall be made by virtue of sub-paragraph (1) unless the relevant…

Sch. 8 para. 9

An order may prohibit the exercise of any right to vote exercisable by virtue of the holding of any shares, stock or securities.

General obligations to be performed

(1) An order may require a person to supply goods or services or to do anything which the relevant authority considers appropriate to facilitate the provision…

Sch. 8 para. 11

An order may require any activities to be carried on separately from any other activities.

Acquisitions and divisions

(1) An order may prohibit or restrict— (a) the acquisition by any person of the whole or part of the undertaking or assets of another person’s business; (b)…

Sch. 8 para. 13

(1) An order may provide for— (a) the division of any business (whether by the sale of any part of the undertaking or assets or otherwise); (b) the division of…

Sch. 8 para. 14

The references in paragraph 13 to the division of a business as mentioned in sub-paragraph (1)(a) of that paragraph shall, in the case of an order under…

Sch. 8 para. 16

An order may prohibit any person from notifying (whether by publication or otherwise) to persons supplying goods or services prices recommended or suggested as…

Sch. 8 para. 17

(1) An order may require a person supplying goods or services to publish or otherwise notify — (a) accounting information in relation to the supply of the…

Sch. 8 para. 18

An order made by virtue of paragraph ... 17 may provide for the manner in which information is to be published or otherwise notified.

Sch. 8 para. 19

An order may— (a) require any person to supply information to the relevant authority; (b) where the CMA is not the relevant authority, require any person to…

National security

(1) An order may make such provision as the person making the order considers to be appropriate in the interests of national security … (2) Such provision may…

News media mergers

(1) This paragraph applies in relation to any order— (a) which is to be made following the giving of— (i) an intervention notice which mentions a news media…

Maintaining the stability of the UK financial system

(1) This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to the…

Maintaining the capability to combat etc public health emergencies

(1) This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to maintaining…

Maintaining the continuity of the supply of telecommunications services

(1) This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to maintaining…

Monitoring of compliance and determination of disputes

(1) An order may provide for the appointment of one or more than one person (referred to in this paragraph as an “appointee”) by the relevant authority or by…

Supplementary

(1) An order, as well as making provision in relation to all cases to which it may extend, may make provision in relation to— (a) those cases subject to…

Sch. 8 para. 22

(1) An order which may prohibit the doing of anything (or the refraining from doing anything) may in particular by virtue of paragraph 21(2) prohibit the doing…

Interpretation

References in this Schedule to the notification of prices or other information are not limited to the notification in writing of prices or other information.

Sch. 8 para. 24

In this Schedule “the relevant authority” means— (a) … (b) in the case of an order to be made by the CMA, the CMA; ... (c) in the case of an order to be made…

Telecommunications Act 1984 (c. 12)

(1) Section 95 of the Telecommunications Act 1984 (modification of licence conditions by order) shall be amended as follows. (2) For subsections (1) and (2)…

Airports Act 1986 (c. 31)

(1) Section 54 of the Airports Act 1986 (modification of certain conditions in force under Part 4 of that Act) shall be amended as follows. (2) … (3)…

Gas Act 1986 (c. 44)

(1) Section 27 of the Gas Act 1986 (modification of licence conditions by order) shall be amended as follows. (2) For subsection (1) there shall be…

Electricity Act 1989 (c. 29)

(1) Section 15 of the Electricity Act 1989 (modification of licence conditions by order) shall be amended as follows. (2) For subsections (1) and (2) there…

Broadcasting Act 1990 (c. 42)

For section 193 of the Broadcasting Act 1990 (modification of networking arrangements in consequence of reports under competition legislation) there shall be…

Water Industry Act 1991 (c. 56)

(1) Section 17 of the Water Industry Act 1991 (modification of conditions of appointment by order) shall be amended as follows. (2) For subsections (1) and (2)…

Sch. 9 para. 8

In section 36(1) of that Act (interpretation of Part 2 of that Act)— (a) the definition of “the 1973 Act”, and the word “and” at the end of the definition…

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

For article 18 of the Electricity (Northern Ireland) Order 1992 (modification of licence conditions by order) there shall be substituted— Modification by order…

Railways Act 1993 (c. 43)

(1) Section 16 of the Railways Act 1993 (modification of licence conditions by order) shall be amended as follows. (2) For subsections (1) and (2) there shall…

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

(1) Article 45 of the Airports (Northern Ireland) Order 1994 (modification of certain conditions in force under Part 4 of that Order) shall be amended as…

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

(1) Article 18 of the Gas (Northern Ireland) Order 1996 (modification of licence conditions by order) shall be amended as follows. (2) For paragraph (1) there…

Transport Act 2000 (c. 38)

(1) Section 19 of the Transport Act 2000 (modification of licence conditions by order) shall be amended as follows. (2) For subsections (1) to (4) there shall…

Telecommunications Act 1984 (c. 12)

(1) Section 50 of the Telecommunications Act 1984 (application of monopoly provisions etc. to the Director General of Telecommunications) shall be amended as…

Gas Act 1986 (c. 44)

(1) Section 36A of the Gas Act 1986 (application of monopoly provisions etc. to the Gas and Electricity Markets Authority) shall be amended as follows. (2) For…

Electricity Act 1989 (c. 29)

(1) Section 43 of the Electricity Act 1989 (application of monopoly provisions etc. to the Gas and Electricity Markets Authority) shall be amended as follows…

Water Industry Act 1991 (c. 56)

(1) Section 31 of the Water Industry Act 1991 (application of monopoly provisions etc. to the Director General of Water Services) shall be amended as follows…

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

(1) Article 46 of the Electricity (Northern Ireland) Order 1992 (application of monopoly provisions etc. to the Director General of Electricity Supply for…

Railways Act 1993 (c. 43)

(1) Section 67 of the Railways Act 1993 (application of monopoly provisions etc. to the Rail Regulator) shall be amended as follows. (2) For subsection (2)…

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

(1) Article 23 of the Gas (Northern Ireland) Order 1996 (application of monopoly provisions etc. to the Director General of Gas for Northern Ireland) shall be…

Transport Act 2000 (c. 38)

(1) Section 85 of the Transport Act 2000 (interpretation of Chapter V) shall be amended as follows. (2) In subsection (1) for paragraph (a) there shall be…

Sch. 9 para. 24

(1) Section 86 of that Act (functions exercisable by the CAA and the Director) shall be amended as follows. (2) For subsection (2) there shall be substituted—…

Sch. 9 para. 25

In section 87 of that Act (CAA’s 1973 Act functions) for the word “1973”, wherever it appears, there shall be substituted “ 2002 ”.

Sch. 9 para. 26

In section 89 of that Act (carrying out functions) for the word “1973”, wherever it appears, there shall be substituted “ 2002 ”.

Requirements for accepting undertakings and making orders

Paragraph 2 applies in relation to— (a) any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than an undertaking under the enactment…

Sch. 10 para. 2

(1) Before accepting an undertaking to which this paragraph applies or making an order to which this paragraph applies, the CMA or (as the case may be) the…

Sch. 10 para. 3

(1) If, after giving notice under paragraph 2(1) or (4), the relevant authority decides— (a) not to accept the undertaking concerned or (as the case may be)…

Sch. 10 para. 4

As soon as practicable after accepting an undertaking to which paragraph 2 applies or (as the case may be) making an order to which that paragraph applies, the…

Sch. 10 para. 5

(1) The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority— (a) has already given notice under paragraph…

Termination of undertakings and orders

Paragraph 7 applies where the relevant authority is proposing to— (a) release any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other…

Sch. 10 para. 7

(1) Before releasing an undertaking to which this paragraph applies or (as the case may be) revoking an order to which this paragraph applies, the relevant…

Sch. 10 para. 8

As soon as practicable after releasing the undertaking or making the revoking order, the relevant authority shall (except in the case of an order which is a…

Power to dispense with the requirements of the Schedule

The relevant authority may dispense with any or all of the requirements of this Schedule if the relevant authority considers that the relevant authority has…

General

In any instrument made before section 248(1) to (3) of this Act comes into force— (a) a reference to the making of an administration order shall be treated as…

Magistrates’ Courts Act 1980 (c. 43)

In section 87A(1) of the Magistrates’ Court Act 1980 (fine imposed on company) for “section 9 or 124 of the Insolvency Act 1986” substitute “ section 124 of…

Insolvency Act 1986 (c. 45)

The Insolvency Act 1986 shall be amended as follows.

Sch. 17 para. 10

In section 1 (proposal for company voluntary arrangement)— (a) in subsection (1) for “(other than one for which an administration order is in force, or which…

Sch. 17 para. 11

In section 5(3) (approval of company voluntary arrangement)— (a) for “an administration order is in force” substitute “ is in administration ”, and (b) for…

Sch. 17 para. 12

In section 6(2)(c) (challenge of decision in relation to company voluntary arrangement) for “an administration order is in force” substitute “ is in…

Sch. 17 para. 13

In section 51 (power to appoint receiver: Scotland) after subsection (2) insert— (2A) Subsections (1) and (2) are subject to section 72A.

Sch. 17 para. 14 Prospective

At the end of section 100 (creditors’ voluntary winding up of company: appointment of liquidator) add— (4) The court shall grant an application under…

Sch. 17 para. 15

At the end of section 127 (winding-up: avoidance of property disposition) (which becomes subsection (1)) add— (2) This section has no effect in respect of…

Sch. 17 para. 16

After section 129(1) (commencement of winding up) insert— (1A) Where the court makes a winding-up order by virtue of paragraph 13(1)(e) of Schedule B1, the…

Sch. 17 para. 17

In section 140 (appointment by court of liquidator following administration or voluntary arrangement) for subsection (1) substitute— (1) Where a winding-up…

Sch. 17 para. 18

In section 212 (misfeasance of officers)— (a) in subsection (1)(b) omit “, administrator”, (b) in subsection (2) omit (in each place) “or administrator”, and…

Sch. 17 para. 19

Section 230(1) (administrator to be qualified insolvency practitioner) shall cease to have effect.

Sch. 17 para. 20

In section 231(1) and (2) (appointment to office of two or more persons) omit the word “administrator,”.

Sch. 17 para. 21

In section 232 (validity of office-holder’s act) omit the word “administrator,”.

Sch. 17 para. 22

In section 233 (utility supplies)— (a) for subsection (1)(a) substitute— (a) the company enters administration, , and (b) for subsection (4)(a) substitute— (a)…

Sch. 17 para. 23

For section 234(1)(a) (getting in the company’s property) substitute— (a) the company enters administration, .

Sch. 17 para. 24

For section 235(4)(a) (co-operation with office-holder) substitute— (a) the date on which the company entered administration, .

Sch. 17 para. 25

For section 238(1)(a) (transactions at an undervalue: England and Wales) substitute— (a) the company enters administration, .

Sch. 17 para. 26

(1) Section 240 (relevant time for sections 238 and 239) shall be amended as follows. (2) For subsection (1)(c) substitute— (c) in either case, at a time…

Sch. 17 para. 27

(1) Section 241 (order under section 238 or 239) shall be amended as follows. (2) For subsection (3A) substitute— (3A) Where section 238 or 239 applies by…

Sch. 17 para. 28

(1) Section 242 (gratuitous alienations: Scotland) shall be amended as follows. (2) In subsection (1)(b) for “an administration order is in force in relation…

Sch. 17 para. 29

(1) Section 243 (unfair preferences: Scotland) shall be amended as follows. (2) In subsection (1) for “the making of an administration order in relation to the…

Sch. 17 para. 30

In section 244(2) (extortionate credit transaction) for “the day on which the administration order was made or (as the case may be) the company went into…

Sch. 17 para. 31

(1) Section 245 (avoidance of floating charge) shall be amended as follows. (2) The word “or” after subsection (3)(b) shall cease to have effect. (3) For…

Sch. 17 para. 32

For section 246(1)(a) (unenforceability of lien on records) substitute— (a) the company enters administration, .

Sch. 17 para. 33

(1) Section 247 (meaning of “insolvency” and “go into liquidation”) shall be amended as follows. (2) In subsection (1) for “the making of an administration…

Sch. 17 para. 34

(1) Section 387 (preferential debts: “the relevant date”) shall be amended as follows. (2) In subsection (2) for paragraphs (a) and (b) substitute— (a) if the…

Sch. 17 para. 35

In section 422 (power to apply first Group of Parts to banks, &c.) for subsection (1) substitute— (1) The Secretary of State may by order made with the…

Sch. 17 para. 36

In section 424(1)(a) (application for order in relation to transaction defrauding creditor) for “in relation to which an administration order is in force”…

Sch. 17 para. 37

(1) Schedule A1 (moratorium where directors propose voluntary arrangement) shall be amended as follows. (2) In paragraph 4(1) (exclusion from eligibility for…

Sch. 17 para. 38

(1) Schedule 8 (scope of insolvency rules) shall be amended as follows. (2) At the end of paragraph 2 (which becomes sub-paragraph (1)) add— (2) Rules made by…

Sch. 17 para. 39

(1) Schedule 10 (punishment of offences) shall be amended as follows. (2) After the entries for Schedule A1 insert— Sch. B1, para. 18(7). Making false…

Company Directors Disqualification Act 1986 (c. 46)

The Company Directors Disqualification Act 1986 shall be amended as follows.

Sch. 17 para. 41

In section 6 (duty of court to disqualify unfit director of insolvent company)— (a) for subsection (2)(b) substitute— (b) the company enters administration…

Companies Act 1989 (c. 40)

The Companies Act 1989 shall be amended as follows.

Sch. 17 para. 44

In section 158 (modification of insolvency law)— (a) in subsection (3) for paragraph (b) substitute— (b) the application for an administration order or the…

Sch. 17 para. 45

In section 161(4) (disapplication of enactments to default proceedings) for “sections 10(1)(c), 11(3), 126, 128, 130, 185 or 285 of the Insolvency Act 1986”…

Sch. 17 para. 46

After section 167(1) (application by exchange or clearing house about taking default proceedings) insert— (1A) In subsection (1) a reference to an…

Sch. 17 para. 47

(1) Section 175 (financial markets: administration) shall be amended as follows. (2) For subsection (1) substitute— (1) The following provisions of Schedule B1…

Coal Industry Act 1994 (c. 21)

(1) Section 36 of the Coal Industry Act 1994 (insolvency of licensed operator) shall be amended as follows. (2) After subsection (2) insert— (2A) Where the…

Employment Rights Act 1996 (c. 18)

(1) The Employment Rights Act 1996 shall be amended as follows. (2) In section 166(7) (application by employee for payment by Secretary of State)— (a) in…

Housing Act 1996 (c. 52)

The Housing Act 1996 shall be amended as follows.

Sch. 17 para. 51

At the end of section 40 (initial notice to be given to Housing Corporation or Housing for Wales) add— (7) Subsections (8) and (9) apply in relation to the…

Sch. 17 para. 52

At the end of section 41 (further notice to be given to Housing Corporation or Housing for Wales) add— (6) In subsection (3)— (a) the reference to the making…

Financial Services and Markets Act 2000 (c. 8)

The Financial Services and Markets Act 2000 shall be amended as follows.

Sch. 17 para. 54

(1) Section 215 (provision of Financial Services Compensation Scheme in relation to insolvency) shall be amended as follows. (2) In subsection (3) for…

Sch. 17 para. 55

For section 359 (administration order) substitute— Administration order 359 (1) The Authority may make an administration application under Schedule B1 to the…

Sch. 17 para. 56

For section 361 (administrator to report to Authority) substitute— Administrator’s duty to report to Authority 361 (1) This section applies where a company or…

Sch. 17 para. 57

In section 362 (Financial Services Authority’s right to participate in proceedings)— (a) in subsection (1) for “presents a petition to the court under section…

Sch. 17 para. 58

After section 362 insert— Administrator appointed by company or directors 362A (1) This section applies in relation to a company of a kind described in section…

Sch. 17 para. 59 Prospective

In section 427A(3) (mergers and divisions of public companies) for “an administration order being in force in relation to the company” substitute “ where the…

Introduction

This Schedule applies to an individual who immediately before commencement— (a) has been adjudged bankrupt, and (b) has not been discharged from the bankruptcy.

Sch. 19 para. 2

In this Schedule— “commencement” means the date appointed under section 279 for the commencement of section 256, and “pre-commencement bankrupt” means an…

Neither old law nor new law to apply

Section 279 of the Insolvency Act 1986 (c. 45) (bankruptcy: discharge) shall not apply to a pre-commencement bankrupt (whether in its pre-commencement or its…

General rule for discharge from pre-commencement bankruptcy

(1) A pre-commencement bankrupt is, subject to sub-paragraphs (2) and (3), discharged from bankruptcy at whichever is the earlier of— (a) the end of the period…

Second-time bankruptcy

(1) This paragraph applies to a pre-commencement bankrupt who was an undischarged bankrupt at some time during the period of 15 years ending with the day…

Criminal bankruptcy

A pre-commencement bankrupt who was adjudged bankrupt on a petition under section 264(1)(d) of the Insolvency Act 1986 (criminal bankruptcy)— (a) shall not be…

Income payments order

(1) This paragraph applies where— (a) a pre-commencement bankrupt is discharged by virtue of paragraph 4(1)(a), and (b) an income payments order is in force in…

Bankruptcy restrictions order or undertaking Prospective

A provision of this Schedule which provides for an individual to be discharged from bankruptcy is subject to— (a) any bankruptcy restrictions order (or interim…

Disqualification for acting as receiver or manager

The following shall be substituted for section 31 of the Insolvency Act 1986 (c. 45) (receiver and manager: disqualification)— Disqualification of bankrupt 31…

Bankruptcy offences after discharge

After section 350(3) of the Insolvency Act 1986 (c. 45) (bankruptcy offences: general: no liability after discharge) there shall be inserted— (3A) Subsection…

Sch. 21 para. 3

At the end of section 360 of that Act (obtaining credit and doing business) there shall be inserted— (5) This section applies to the bankrupt after discharge…

Disqualification for acting as insolvency practitioner

At the end of section 390 of that Act (disqualification for insolvency practitioner) there shall be added— (5) A person is not qualified to act as an…

Prohibition against involvement in company

The following shall be substituted for section 11(1) of the Company Directors Disqualification Act 1986 (c. 46) (bankrupt)— (1) It is an offence for a person…

Annulment of bankruptcy on making of voluntary arrangement

The following shall be substituted for section 261 of the Insolvency Act 1986 (effect of voluntary arrangement: undischarged bankrupt)— Additional effect on…

Role of official receiver

The following shall be inserted after section 389A of that Act (authorisation of nominees and supervisors)— Official receiver as nominee or supervisor 389B (1)…

Sch. 23 para. 1

The Insolvency Act 1986 (c. 45) shall be amended as follows.

Sch. 23 para. 2

Section 275 (bankruptcy: summary administration) shall cease to have effect.

Sch. 23 para. 3

In section 280(1) (bankruptcy: discharge by order of court)— (a) for “section 279(1)(a)” substitute “ section 279(6) ”, and (b) for “commencement of the…

Sch. 23 para. 4

In section 282 (annulment of bankruptcy)— (a) … (b) omit subsection (5) (previous bankruptcy: disregard of annulled bankruptcy).

Sch. 23 para. 5

For section 291(4) (co-operation with official receiver) substitute— (4) The bankrupt shall give the official receiver such inventory of his estate and such…

Sch. 23 para. 6

In section 292(1)(a) (trustee in bankruptcy: power to appoint) omit the words “except at a time when a certificate for the summary administration of the…

Sch. 23 para. 7

In section 293(1) (trustee in bankruptcy: meeting to appoint) omit the words “and no certificate for the summary administration of the bankrupt’s estate has…

Sch. 23 para. 8

In section 294(1) (power of creditors to requisition meeting) omit the words— and (b) a certificate for the summary administration of the estate is not for the…

Sch. 23 para. 9

In section 297 (trustee: special cases)— (a) omit subsections (2) and (3), and (b) in subsection (4) omit the words “but no certificate for the summary…

Sch. 23 para. 10

Omit section 298(3) (removal of trustee: summary administration).

Sch. 23 para. 11

In section 300 (trustee: vacancy)— (a) omit subsection (5), and (b) in subsections (6) and (7) omit the words “or (5)”.

Sch. 23 para. 12

In section 354(3) (concealment of property) after “the official receiver” insert “, the trustee ”.

Sch. 23 para. 13

At the end of section 355 (concealment and falsification of records) add— (4) In their application to a trading record subsections (2)(d) and (3)(b) shall have…

Sch. 23 para. 14

In the following provisions of section 399 (appointment of official receiver) for “or winding up” substitute “, winding up or individual voluntary arrangement…

Sch. 23 para. 15

In section 429(2)(b) (disability imposed on revoking administration order under County Courts Act 1984) for “not exceeding 2 years” there shall be substituted…

Sch. 23 para. 16

(1) Schedule 9 (scope of insolvency rules) shall be amended as follows. (2) After paragraph 8 (registration of voluntary arrangements) insert— Official…

Sch. 23 para. 17

In Schedule 10 (punishment of offences)— (a) in the entry for section 31 omit “Undischarged”, and (b) omit the entries for sections 361 and 362.

Pensions etc. of former Directors

In the case of any such person who has held the office of the Director as may be determined by the Secretary of State with the approval of the Minister for the…

Effect of transfers under section 2

(1) In this paragraph— “commencement” means the commencement of section 2(1); “transferred” means transferred by section 2(1). (2) Anything which— (a) has been…

First President and Registrar of the Competition Appeal Tribunal

The person who is President of the Competition Commission Appeal Tribunals (under paragraph 4 of Schedule 7 to the 1998 Act) immediately before the…

Sch. 24 para. 8

The person who is Registrar of Appeal Tribunals (under paragraph 5 of Schedule 8 to the 1998 Act) immediately before the commencement of section 12 is on that…

Sch. 24 para. 9

Any person who is a member of the Competition Commission appeal panel (but not a member of the panel of chairmen) immediately before the commencement of…

Sch. 24 para. 10

Any member of the Competition Commission appeal panel who is, immediately before the commencement of section 12, a member of the panel of chairmen under…

Sch. 24 para. 11

Nothing in paragraph 7, 8, 9 or 10 applies to any person who, before the commencement of section 12, gives notice to the Secretary of State stating that he…

Tribunal rules

(1) Any rules made under section 48 of the 1998 Act which are in force immediately before the commencement of section 15 above shall be treated after that…

Merger references

(1) Subject to paragraphs 15 to 18, the old law shall continue to apply where— (a) two or more enterprises have ceased to be distinct enterprises (within the…

Monopoly references

(1) Subject to paragraphs 15 to 18, the old law shall continue to apply in relation to any monopoly reference made before the appointed day under section 50 or…

Enforcement undertakings and orders

(1) Section 94(1) to (6) shall apply in relation to any undertaking— (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown—…

Sch. 24 para. 16

(1) Sub-paragraph (2) applies to any undertaking— (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown— (i) in pursuance of…

Sch. 24 para. 17

(1) Any order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a…

Sch. 24 para. 18

(1) Section 94(1) to (6) shall apply in relation to undertakings accepted under paragraph 16 and orders made under paragraph 17 as it applies in relation to…

Paragraphs 13 to 18: supplementary provision

(1) In paragraphs 13 to 18 “the appointed day” means such day as the Secretary of State may by order made by statutory instrument appoint; and different days…

Designation orders under Schedule 4 to the 1998 Act

(1) Subject to sub-paragraph (2), the repeals made by section 207 do not affect— (a) the operation of Schedule 4 to the 1998 Act in relation to any application…

Supplementary

Any provision made by any of paragraphs 1 to 21 shall not apply if, and to the extent that, an order under section 276(2) makes alternative provision or…

Registered Designs Act 1949 (c. 88)

(1) The Registered Designs Act 1949 is amended as follows. (2) In section 11A(1) (powers exercisable in consequence of report of Competition Commission)…

Agricultural Marketing Act 1958 (c. 47)

(1) The Agricultural Marketing Act 1958 is amended as follows. (2) In section 19A (action following report by Commission)— (a) for subsection (1) there is…

Public Records Act 1958 (c. 51)

(1) The Public Records Act 1958 is amended as follows. (2) In Part 2 of the Table at the end of paragraph 3 of Schedule 1 (definition of public records)— (a)…

Superannuation Act 1972 (c. 11)

(1) The Superannuation Act 1972 is amended as follows. (2) In Schedule 1 (kinds of employment in relation to which pension schemes may be made), in the list of…

Fair Trading Act 1973 (c. 41)

(1) The 1973 Act is amended as follows. (2) … (3) Sections 34 to 42 (additional functions of Director for protection of consumers) shall cease to have effect…

Consumer Credit Act 1974 (c. 39)

(1) The Consumer Credit Act 1974 is amended as follows. (2) In section 1 (general functions of Director)— (a) in subsection (1)— (i) for “the Director General…

Patents Act 1977 (c. 37)

(1) The Patents Act 1977 is amended as follows. (2) After section 50 there is inserted— Powers exercisable following merger and market investigations 50A (1)…

Estate Agents Act 1979 (c. 38)

(1) The Estate Agents Act 1979 is amended as follows. (2) In section 3 (orders prohibiting unfit persons from doing estate agency work)— (a) in subsection (1)…

Competition Act 1980 (c. 21)

(1) The Competition Act 1980 is amended as follows. (2) In section 11 (references of public bodies and certain other persons to the Commission)— (a) in…

Civil Aviation Act 1982 (c. 16)

(1) The Civil Aviation Act 1982 is amended as follows. (2) In section 4 (general objectives), in subsections (3) and (4), for “the Director General of Fair…

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

(1) The Agricultural Marketing (Northern Ireland) Order 1982 is amended as follows. (2) For article 23 (action following report by Commission) there is…

Telecommunications Act 1984 (c. 12)

(1) The Telecommunications Act 1984 is amended as follows. (2) In section 3 (general duties of Secretary of State and Director), in subsection (3C), for “the…

Airports Act 1986 (c. 31)

(1) The Airports Act 1986 is amended as follows. (2) In section 44 (supplementary provisions relating to references to Commission), subsections (3) and (3A)…

Gas Act 1986 (c. 44)

(1) The Gas Act 1986 is amended as follows. (2) In section 4B (exceptions from sections 4AA to 4A), in subsection (3), for “the Director General of Fair…

Copyright, Designs and Patents Act 1988 (c. 48)

(1) The Copyright, Designs and Patents Act 1988 is amended as follows. (2) In section 144 (powers exercisable in consequence of report of Commission) for…

Water Act 1989 (c. 15)

(1) The Water Act 1989 is amended as follows. (2) In section 174 (general restrictions on disclosure of information)— (a) in subsection (2)(d), for…

Electricity Act 1989 (c. 29)

(1) The Electricity Act 1989 is amended as follows. (2) In section 3D (exceptions from sections 3A to 3C), in subsection (4), for “the Director General of Fair…

Companies Act 1989 (c. 40)

(1) The Companies Act 1989 is amended as follows. (2) In section 47 (restrictive practices), in subsection (3)(c), for “Director General of Fair Trading” there…

Courts and Legal Services Act 1990 (c. 41)

(1) The Courts and Legal Services Act 1990 is amended as follows. (2) … (3) … (4) … (5) … (6) … (7) In section 105 (tying-in arrangements: supplemental…

Broadcasting Act 1990 (c. 42)

(1) The Broadcasting Act 1990 is amended as follows. (2) … (3) … (4) … (5) … (6) … (7) In section 194A (relevant agreements)— (a) for “Director” (in each…

Water Industry Act 1991 (c. 56)

(1) The Water Industry Act 1991 is amended as follows. (2) In section 2 (general duties with respect to water industry), in subsection (6B), for “the Director…

Water Resources Act 1991 (c. 57)

(1) The Water Resources Act 1991 is amended as follows. (2) In Schedule 24 (disclosure of information)— (a) in Part 1, for the entry relating to the Director…

Tribunals and Inquiries Act 1992 (c. 53)

(1) The Tribunals and Inquiries Act 1992 is amended as follows. (2) … (3) In section 14 (restricted application of Act in relation to certain tribunals), in…

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

(1) The Electricity (Northern Ireland) Order 1992 is amended as follows. (2) In Article 15 (licence modification references to Commission) paragraphs (8) and…

Osteopaths Act 1993 (c. 21)

(1) The Osteopaths Act 1993 is amended as follows. (2) In section 33(2) (competition and anti-competitive practices)— (a) for the words from the beginning to…

Railways Act 1993 (c. 43)

(1) The Railways Act 1993 is amended as follows. (2) In section 4 (general duties of the Secretary of State and the Regulator)— (a) in subsection (2)(a), the…

Chiropractors Act 1994 (c. 17)

(1) The Chiropractors Act 1994 is amended as follows. (2) In section 33(2) (competition and anti-competitive practices)— (a) for the words from the beginning…

Coal Industry Act 1994 (c. 21)

(1) The Coal Industry Act 1994 is amended as follows. (2) In section 59 (information to be kept confidential by the Authority)— (a) in subsection (3)(e)(v)…

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

(1) The Airports (Northern Ireland) Order 1994 is amended as follows. (2) In Article 35 (supplementary provisions relating to references to the Commission)…

Channel Tunnel Rail Link Act 1996 (c. 61)

(1) The Channel Tunnel Rail Link Act 1996 is amended as follows. (2) In section 21 (duties as to exercise of regulatory functions), in subsection (7)(b)— (a)…

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

(1) The Gas (Northern Ireland) Order 1996 is amended as follows. (2) In Article 15 (licence modification references to Commission)— (a) paragraphs (9) and (9A)…

Data Protection Act 1998 (c. 29)

(1) The Data Protection Act 1998 is amended as follows. (2) In section 31 (regulatory activity), in subsection (5)(a), for “the Director General of Fair…

Competition Act 1998 (c. 41)

(1) The 1998 Act is amended as follows. (2) In section 3(4)(b) (excluded agreements), for “the Fair Trading Act 1973” there is substituted “ the Enterprise Act…

Greater London Authority Act 1999 (c. 29)

(1) The Greater London Authority Act 1999 is amended as follows. (2) In section 235 (restrictions on disclosure of information)— (a) in subsection (2)(c), for…

Financial Services and Markets Act 2000 (c. 8)

(1) The Financial Services and Markets Act 2000 is amended as follows. (2) … (3) … (4) … (5) … (6) In section 194 (general grounds on which power of…

Terrorism Act 2000 (c. 11)

(1) The Terrorism Act 2000 is amended as follows. (2) In Schedule 3A (regulated sector and supervisory authorities), in paragraph 4(1), for paragraph (d) there…

Utilities Act 2000 (c. 27)

(1) The Utilities Act 2000 is amended as follows. (2) In section 5(9) (annual and other reports of the Authority), for “Section 125(1) of the Fair Trading Act…

Transport Act 2000 (c. 38)

(1) The Transport Act 2000 is amended as follows. (2) In section 12 (licence modification references to Commission), subsections (9), (10) and (11) shall cease…