Legalize / United Kingdom / Public General Act

Enterprise Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Water Resources Act 1991 (c. 57)

26

(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 General of Fair Trading there is substituted—

The Office of Fair Trading.

;

(b) in Part 2, after the entry relating to Part I of the Transport Act 2000, there is inserted—

The Enterprise Act 2002.

Tribunals and Inquiries Act 1992 (c. 53)

27

(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 subsection (1)(b), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(4) In Part 1 of Schedule 1 (tribunals under direct supervision of council), in column 2—

(a) for paragraph 9A there is substituted—

?	9A. The Competition Appeal Tribunal established under section 12 of the Enterprise Act 2002.

;

(b) for paragraph 17 there is substituted—

?	17. The Office of Fair Trading in respect of its functions under the Consumer Credit Act 1974 and the Estate Agents Act 1979, and any member of its staff authorised to exercise those functions.

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

28

(1) The Electricity (Northern Ireland) Order 1992 is amended as follows.

(2) In Article 15 (licence modification references to Commission) paragraphs (8) and (8A) shall cease to have effect.

(3) After Article 15 there is inserted—

(15A) (1) Every reference under Article 15 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. (2) A report of the Competition Commission on a reference under Article 15 shall not have effect (and no action shall be taken in relation to it under Article 17) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Director under paragraph (3). (3) The Director may, if he has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. (4) No more than one extension is possible under paragraph (3) in relation to the same reference. (5) The Director shall, in the case of an extension made by him under paragraph (3)— (a) publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and (b) send a copy of what has been published by him under sub-paragraph (a) to the licence holder. (15B) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in paragraphs (2) and (3), for the purposes of references under Article 15 as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of paragraph (1), have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b)(ii) shall, in its application by virtue of paragraph (1), have effect as if— (a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; (b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and (c) the words “by this Part” were omitted. (4) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of paragraph (1), have effect in relation to those sections as applied by virtue of that paragraph. (5) Accordingly, corresponding provisions of this Order shall not have effect in relation to those sections as applied by virtue of that paragraph.

(4) In Article 16 (reports on licence modification references)—

(a) after paragraph (1) there is inserted—

(1A) For the purposes of Article 17, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under Article 15 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

;

(b) for paragraph (3) there is substituted—

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under Article 15. (3A) In making any report on a reference under Article 15 the Competition Commission must have regard to the following considerations before disclosing any information. (3B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (3C) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (3D) The third consideration is the extent to which the disclosure of the information mentioned in paragraph (3C)(a) or (b) is necessary for the purposes of the report.

(5) In Article 46 (functions with respect to competition)—

(a) paragraph (1) shall cease to have effect;

(b) in paragraph (3), for “the Director General of Fair Trading, the functions of that Director” there is substituted “ the Office of Fair Trading, the functions of the Office of Fair Trading ”;

(d) in paragraph (6), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(6) In Article 50 (general functions), in paragraph (3)—

(a) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(b) for “that Director” there is substituted “ the Office of Fair Trading ”.

(7) In Article 51 (publication of information and advice), in paragraph (3)—

(a) for “The Director General of Fair Trading” there is substituted “ The Office of Fair Trading ”;

(b) for “section 124 of the 1973 Act” there is substituted “ section 6 of the Enterprise Act 2002 ”.

Osteopaths Act 1993 (c. 21)

29

(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 “orders)” there is substituted “ Schedule 8 to the Enterprise Act 2002 (provision that may be contained in enforcement orders) ”;

(b) for “a competition” there is substituted “ an enforcement ”.

(3) After section 33(2) there is inserted—

(2A) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in sections 160(4)(a), 161(3)(a) and 164(1) of that Act shall be construed accordingly.

(4) In section 33(3), for “A competition” there is substituted “ An enforcement ”.

(5) For section 33(4) there is substituted—

(4) In this section “an enforcement order” means an order under— (a) section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or (b) section 161 of that Act (final orders following market investigation reports).

(6) For section 33(5) there is substituted—

(5) For the purposes of an enforcement order section 86(3) of the Enterprise Act 2002 as applied by section 164(2)(a) of that Act (power to apply orders to existing agreements) shall have effect in relation to a regulatory provision as it has effect in relation to an agreement.

Railways Act 1993 (c. 43)

30

(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 words from “in cases where” to “market” shall cease to have effect;

(b) in subsection (7B), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(3) In section 13 (licence modification references to Commission)—

(a) in subsection (1A), after “section” in the first place where it appears there is inserted “ , section 13A below ”;

(b) subsections (8) and (8A) shall cease to have effect.

(4) After section 13 there is inserted—

(13A) (1) Every reference under section 13 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. (2) A report of the Competition Commission on a reference under section 13 above shall not have effect (and no action shall be taken in relation to it under section 15 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the appropriate authority under subsection (3) below. (3) The appropriate authority may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. (4) No more than one extension is possible under subsection (3) above in relation to the same reference. (5) The appropriate authority shall, in the case of an extension made by it under subsection (3) above— (a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and (b) send a copy of what has been published by it under paragraph (a) above to the holder of the licence. (13B) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3) below, for the purposes of references under section 13 above as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of subsection (1) above, have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1) above, have effect as if— (a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; (b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and (c) the words “by this Part” were omitted. (4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 13 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders), shall, for the purposes of the application of those sections by virtue of subsection (1) or (4) above, have effect in relation to those sections as applied by those subsections. (6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(5) In section 14 (reports on licence modification references)—

(a) after subsection (1) there is inserted—

(1A) For the purposes of sections 15 to 15B below, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 13 above as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

;

(b) for subsection (3) there is substituted—

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 13 above. (3A) In making any report on a reference under section 13 above the Competition Commission must have regard to the following considerations before disclosing any information. (3B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (3C) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (3D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (3C)(a) or (b) above is necessary for the purposes of the report.

(6) In section 15C (provisions supplementary to Commission’s power to veto modifications following report), for subsections (1) and (2) there is substituted—

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15A(4) or 15B(3) above. (2) In giving any notice under section 15A(4) or 15B(3) above, the Competition Commission must have regard to the following considerations before disclosing any information. (2A) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (2B) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (2C) The third consideration is the extent to which the disclosure of the information mentioned in subsection (2B)(a) or (b) above is necessary for the purposes of the notice. (2D) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2E) and (2F) below, for the purposes of any investigation by the Competition Commission for the purposes of the exercise of its functions under section 15A or 15B above, as they apply for the purposes of any investigation on references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2E) Section 110 shall, in its application by virtue of subsection (2D) above, have effect as if— (a) subsection (2) were omitted; (b) in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the sending of a copy to the Regulator under section 15B(5) of the Railways Act 1993 of the modifications made by the Commission in connection with the reference concerned or, if no direction has been given by the Commission under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and (c) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (2F) Section 111(5)(b) shall, in its application by virtue of subsection (2D) above, have effect as if for sub-paragraph (ii) there were substituted— (“) if earlier, the day on which a copy of the modifications made by the Commission in connection with the reference concerned is sent to the Regulator under section 15B(5) of the Railways Act 1993 or, if no direction is given by the Commission under section 15A(1) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ”. (2G) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under section 15A and 15B above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (2H) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those subsections. (2I) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(7) In section 22 (amendment of access agreements), in subsection (6A), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(8) In section 66 (amendments of the Fair Trading Act 1973)—

(a) for subsection (3) there is substituted—

(3) For the purposes of Part 3 of the Enterprise Act 2002 (merger references), where a person enters into a franchise agreement as a franchisee, there shall be taken to be brought under his control an enterprise engaged in the supply of the railway services to which the agreement relates.

;

(b) for subsection (6) there is substituted—

(6) Expressions used in subsection (3) above and in Part 3 of the Enterprise Act 2002 have the same meaning in that subsection as they have in that Part.

(9) In section 67 (respective functions of the Regulator and the Director General of Fair Trading, and functions of the Competition Commission)—

(a) subsection (1) shall cease to have effect;

(b) in subsections (3), (3A) and (8), for “the Director” (in each place) there is substituted “ the OFT ”;

(10) In section 69 (general functions), in subsection (3), for “the Director” (in both places) there is substituted “ the OFT ”.

(11) In section 71 (publication of information and advice), in subsection (3)—

(a) for “The Director” there is substituted “ The OFT ”;

(b) for “section 124 of the 1973 Act” there is substituted “ section 6 of the Enterprise Act 2002 ”.

(12) In section 74(7) (annual and other reports of the Regulator), for “Section 125(1) of the 1973 Act (annual and other reports)” there is substituted “ Paragraph 12A(1) of Schedule 7 to the Competition Act 1998 (annual reports of the Competition Commission) ”.

(13) In section 83(1)—

(a) the definition of “the Director” shall cease to have effect; and

(b) after the definition of “notice period” there is inserted—

“the OFT” means the Office of Fair Trading;

(14) In section 145 (general restrictions on disclosure of information)—

(a) in subsection (2)(b), for paragraph (ii) there is substituted—

(ii) the Office of Fair Trading;

;

(b) in subsection (3), after paragraph (qr) there is inserted—

(qs) the Enterprise Act 2002;

(i) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(ii) for “sections 55 and 56 of that Act (disclosure)” there is substituted “ Part 9 of the Enterprise Act 2002 (Information) ”.

(15) In Schedule 4A (review of access charges by Regulator)—

(a) for paragraph 10 there is substituted—

(10) (1) Every reference under paragraph 9 above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. (2) A report of the Competition Commission on a reference under paragraph 9 above shall not have effect (and no action shall be taken in relation to it under paragraph 12 below) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Regulator under sub-paragraph (3) below. (3) The Regulator may, if he has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. (4) No more than one extension is possible under sub-paragraph (3) above in relation to the same reference. (5) The Regulator shall, in the case of an extension made by him under sub-paragraph (3) above— (a) publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and (b) send a copy of what has been published by him under paragraph (a) above to the persons on whom a copy of the review notice was served. (10A) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3) below, for the purposes of references under paragraph 9 above as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of sub-paragraph (1) above, have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b)(ii) shall, in its application by virtue of sub-paragraph (1) above, have effect as if— (a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; (b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and (c) the words “by this Part” were omitted. (4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under paragraph 9 above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs. (6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

;

(b) in paragraph 11—

(i) after sub-paragraph (4) there is inserted—

(4A) For the purposes of paragraphs 12 to 14 below, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (4B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 9 above as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

;

(ii) for sub-paragraph (5) there is substituted—

(5) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under paragraph 9 above. (5A) In making any report on a reference under paragraph 9 above the Competition Commission must have regard to the following considerations before disclosing any information. (5B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (5C) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (5D) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (5C)(a) or (b) above is necessary for the purposes of the report.

;

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under paragraph 13(4) or 14(3) above. (2) In giving any notice under paragraph 13(4) or 14(3) above, the Competition Commission must have regard to the following considerations before disclosing any information. (2A) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (2B) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (2C) The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (2B)(a) or (b) above is necessary for the purposes of the notice. (2D) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2E) and (2F) below, in relation to any investigation by the Competition Commission for the purposes of the exercise of its functions under paragraph 13 or 14 above, as they apply for the purposes of any investigation on references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2E) Section 110 shall, in its application by virtue of sub-paragraph (2D) above, have effect as if— (a) subsection (2) were omitted; (b) in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the sending of a copy to the Regulator under paragraph 14 of Schedule 4A to the Railways Act 1993 of the relevant changes made by the Commission in connection with the reference concerned or, if no direction has been given by the Commission under paragraph 13(1) of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and (c) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (2F) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (2D) above, have effect as if for sub-paragraph (ii) there were substituted— (“) if earlier, the day on which a copy of the relevant changes made by the Commission in connection with the reference concerned is sent to the Regulator under paragraph 14 of Schedule 4A to the Railways Act 1993 or, if no direction is given by the Commission under paragraph 13(1) of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ”. (2G) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under paragraph 13 or 14 above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (2H) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs. (2I) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

Chiropractors Act 1994 (c. 17)

31

(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 to “orders)” there is substituted “ Schedule 8 to the Enterprise Act 2002 (provision that may be contained in enforcement orders) ”;

(b) for “a competition” there is substituted “ an enforcement ”.

(3) After section 33(2) there is inserted—

(2A) The references to anything permitted by Schedule 8 to the Enterprise Act 2002 in sections 160(4)(a), 161(3)(a) and 164(1) of that Act shall be construed accordingly.

(4) In section 33(3), for “A competition” there is substituted “ An enforcement ”.

(5) For section 33(4) there is substituted—

(4) In this section “an enforcement order” means an order under— (a) section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or (b) section 161 of that Act (final orders following market investigation reports).

(6) For section 33(5) there is substituted—

(5) For the purposes of an enforcement order section 86(3) of the Enterprise Act 2002 as applied by section 164(2)(a) of that Act (power to apply orders to existing agreements) shall have effect in relation to a regulatory provision as it has effect in relation to an agreement.

Coal Industry Act 1994 (c. 21)

32

(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), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(b) in subsection (4), after paragraph (n) there is inserted—

(o) the Enterprise Act 2002.

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

33

(1) The Airports (Northern Ireland) Order 1994 is amended as follows.

(2) In Article 35 (supplementary provisions relating to references to the Commission), paragraphs (3) and (3A) shall cease to have effect.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Broadcasting Act 1996 (c. 55)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Channel Tunnel Rail Link Act 1996 (c. 61)

35

(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) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(b) for “he” there is substituted “ it ”.

(3) In section 22 (restriction of functions in relation to competition etc.)—

(a) subsection (1) shall cease to have effect;

(b) in subsection (3), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(i) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(ii) for “the Director” there is substituted “ the Office of Fair Trading ”.

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

36

(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) shall cease to have effect;

(b) in paragraph (10), after “Articles” there is inserted “ 15A, ”.

(3) After Article 15 there is inserted—

(15A) (1) Every reference under Article 15 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. (2) A report of the Competition Commission on a reference under Article 15 shall not have effect (and no action shall be taken in relation to it under Article 17) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Director under paragraph (3). (3) The Director may, if he has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. (4) No more than one extension is possible under paragraph (3) in relation to the same reference. (5) The Director shall, in the case of an extension made by him under paragraph (3)— (a) publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and (b) send a copy of what has been published by him under sub-paragraph (a) to the holder of the licence or, as the case may be, the relevant licence holders. (15B) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in paragraphs (2) and (3), for the purposes of references under Article 15 as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of paragraph (1), have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b)(ii) shall, in its application by virtue of paragraph (1), have effect as if— (a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; (b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and (c) the words “by this Part” were omitted. (4) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of paragraph (1), have effect in relation to those sections as applied by virtue of that paragraph. (5) Accordingly, corresponding provisions of this Order shall not have effect in relation to those sections as applied by virtue of that paragraph.

(4) In Article 16 (reports on licence modification references)—

(a) after paragraph (1) there is inserted—

(1A) For the purposes of Article 17, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under Article 15 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

;

(b) for paragraph (3) there is substituted—

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under Article 15. (3A) In making any report on a reference under Article 15 the Competition Commission must have regard to the following considerations before disclosing any information. (3B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (3C) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (3D) The third consideration is the extent to which the disclosure of the information mentioned in paragraph (3C)(a) or (b) is necessary for the purposes of the report.

(5) In Article 23 (functions with respect to competition)—

(a) paragraph (1) shall cease to have effect;

(b) in paragraph (3), for “the Director General of Fair Trading, the functions of that Director” there is substituted “ the Office of Fair Trading, the functions of the Office of Fair Trading ”;

(d) in paragraph (6), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(6) In Article 27 (general functions), in paragraph (3)—

(a) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”; and

(b) for “that Director” there is substituted “ the Office of Fair Trading ”.

(7) In Article 28 (publication of information and advice), for paragraph (3) there is substituted—

(3A) The Office of Fair Trading shall consult the Director before publishing under section 6 of the Enterprise Act 2002 any information or advice which may be published by the Director under this Article.

(8) In Article 41(2) (exclusion of certain agreements from Restrictive Trade Practices Act 1976), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

Data Protection Act 1998 (c. 29)

37

(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 Trading” there is substituted “ the Office of Fair Trading ”.

Competition Act 1998 (c. 41)

38

(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 2002 ”.

(3) In section 4 (individual exemptions), for “Director” (in each place), “him” and “he” there is substituted “ OFT ”, “ it ” and “ it ” respectively.

(4) In section 5 (cancellation etc. of individual exemptions), for “Director” (in each place), “he” (in each place) and “his” (in both places) there is substituted “ OFT ”, “ it ” and “ its ” respectively.

(5) In section 6 (block exemptions)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (6)(c), for “he” there is substituted “ it ”.

(6) In section 7 (block exemptions: opposition), for “Director” (in each place), and “his” (in both places) there is substituted “ OFT ” and “ its ” respectively.

(7) In section 8 (block exemptions: procedure)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (1), for “his”, “he” and “him” there is substituted “ its ”, “ it ” and “ it ” respectively;

(8) In section 10 (parallel agreements)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (8), for “his”, “him” and “he” there is substituted “ its ”, “ it ” and “ it ” respectively.

(9) In section 12 (requests for Director to examine agreements), for “Director” (in each place) there is substituted “ OFT ”.

(10) In section 13 (notification for guidance), for “Director” (in each place), “him”, “his” (in both places) and “he” there is substituted “ OFT ”, “ the OFT ”, “ its ” and “ it ” respectively.

(11) In section 14 (notification for a decision), for “Director” (in each place) and “him” there is substituted “ OFT ” and “ the OFT ” respectively.

(12) In section 15 (effect of guidance), for “Director” (in each place), “he” (in each place), “his” (in each place) and “him” (in each place) there is substituted “ OFT ”, “ it ”, “ its ” and “ it ” respectively.

(13) In section 16 (effect of a decision that the Chapter 1 prohibition has not been infringed), for “Director” (in each place), “he” (in each place), “his” (in each place) and “him” there is substituted “ OFT ”, “ it ”, “ its ” and “ it ” respectively.

(14) In section 20 (requests for Director to consider conduct), for “Director” (in each place) there is substituted “ OFT ”.

(15) In section 21 (notification for guidance), for “Director” (in both places), “him” and “his” there is substituted “ OFT ”, “ the OFT ” and “ its ” respectively.

(16) In section 22 (notification for a decision), for “Director” (in both places) and “him” there is substituted “ OFT ” and “ the OFT ” respectively.

(17) In section 23 (effect of guidance), for “Director” (in each place), “he” (in each place), “his” (in each place) and “him” (in both places) there is substituted “ OFT ”, “ it ”, “ its ” and “ it ” respectively.

(18) In section 24 (effect of a decision that the Chapter 2 prohibition has not been infringed), for “Director” (in each place), “he” (in each place), “his” (in each place) and “him” there is substituted “ OFT ”, “ it ”, “ its ” and “ it ” respectively.

(19) In section 25 (Director’s power to investigate), for “Director’s” and “Director” there is substituted “ OFT’s ” and “ OFT ” respectively.

(20) In section 26 (powers when conducting investigations)—

(a) in subsection (1), for “Director”, “him” (in both places) and “he” there is substituted “ OFT ”, “ it ” and “ it ” respectively;

(b) in subsection (5), for “Director” there is substituted “ OFT ”.

(21) In section 27 (power to enter premises without a warrant)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (3), for “he” (in both places) there is substituted “ it ”.

(22) In section 28 (power to enter premises under a warrant)—

(a) in subsection (1), for “Director” (in both places) there is substituted “ OFT ”;

(b) in subsection (2)—

(i) for “Director” there is substituted “ OFT ”;

(ii) for “his officers whom he” there is substituted “ the OFT’s officers whom the OFT ”.

(23) In section 31 (decisions following an investigation), for “Director” (in both places) there is substituted “ OFT ”.

(24) In section 32 (directions in relation to agreements)—

(a) in subsection (1), for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b) in subsection (2), for “Director’s”, “his” and “him” there is substituted “ OFT’s ”, “ its ” and “ it ” respectively.

(25) In section 33 (directions in relation to conduct)—

(a) in subsection (1), for “Director” and “he” (in each place) there is substituted “ OFT ” and “ it ” respectively;

(b) in subsection (2), for “Director’s”, “his” and “him” there is substituted “ OFT’s ”, “ its ” and “ it ” respectively.

(26) In section 34 (enforcement of directions), for “Director” there is substituted “ OFT ”.

(27) In section 35 (interim measures), for “Director” (in each place), “his” (in both places), “him” and “he” (in each place) there is substituted “ OFT ”, “ its ”, “ it ” and “ it ” respectively.

(28) In section 36 (penalty for infringing Chapter 1 or Chapter 2 prohibition)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsections (1) and (2), for “him” there is substituted “ the OFT ”;

(29) In section 37 (recovery of penalties), for “Director” and “him” there is substituted “ OFT ” and “ the OFT ” respectively.

(30) In section 38 (the appropriate level of a penalty), for “Director” (in each place), “he” (in each place) and “his” there is substituted “ OFT ”, “ it ” and “ its ” respectively.

(31) In section 39 (limited immunity for small agreements), for “Director” (in each place), “he” (in both places) and “his” (in both places) there is substituted “ OFT ”, “ it ” and “ its ” respectively.

(32) In section 40 (limited immunity in relation to the Chapter 2 prohibition)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in subsection (4), for “he” (in both places) and “his” there is substituted “ it ” and “ its ” respectively;

(33) In section 41 (agreements notified to the Commission), for “Director” there is substituted “ OFT ”.

(34) In section 44 (false or misleading information), for “Director” (in each place) and “his” there is substituted “ OFT ” and “ its ” respectively.

(35) In section 45 (the Competition Commission), after subsection (7) there is inserted—

(8) The Secretary of State may by order make such modifications in Part 2 of Schedule 7 and in Schedule 7A (performance of the Competition Commission’s general functions) as he considers appropriate for improving the performance by the Competition Commission of its functions.

(36) In section 46 (appealable decisions), for “Director” (in each place) there is substituted “ OFT ”.

(37) In section 50 (vertical agreements and land agreements), for “Director” there is substituted “ OFT ”.

(38) In section 51—

(a) in subsection (1), for “Director” and “he” there is substituted “ OFT ” and “ it ” respectively;

(b) in subsection (2), for “Director’s” there is substituted “ OFT’s ”;

(d) in subsections (5) to (9), for “Director” (in each place) there is substituted “ OFT ”;

(e) in subsection (10), for “Director” and “his” there is substituted “ OFT ” and “ its ”;

and in the cross-heading before that section, for “Director’s” there is substituted “ OFT’s ”.

(39) In section 52 (advice and information)—

(a) in subsections (2) and (3), for “Director” there is substituted “ OFT ”;

(b) in subsection (4), for “Director” and “him” there is substituted “ OFT ” and “ it ” respectively;

(d) in subsection (6), for “Director” and “he” (in both places) there is substituted “ OFT ” and “ it ” respectively;

(e) in subsection (8), for “Director” there is substituted “ OFT ”.

(40) In section 53 (fees), for “Director” (in each place) and “him” there is substituted “ OFT ” and “ it ” respectively.

(41) In section 54 (regulators)—

(a) in subsection (1), for the words from “any person” to the end of the subsection there is substituted

— (a) the Director General of Telecommunications; (b) the Gas and Electricity Markets Authority; (c) the Director General of Electricity Supply for Northern Ireland; (d) the Director General of Water Services; (e) the Rail Regulator; (f) the Director General of Gas for Northern Ireland; and (g) the Civil Aviation Authority.

;

(b) for “Director” (in each place) there is substituted “ OFT ”.

(42) In section 57 (defamation), for “Director” and “his” there is substituted “ OFT ” and “ its ” respectively.

(43) In section 58 (findings of fact by Director)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) for “a Director’s” (in both places) there is substituted “ an OFT’s ”;

and in the cross-heading before that section, for “Director” there is substituted “ OFT ”.

(44) In section 59 (interpretation of Part 1) —

(a) in subsection (1), the definition of “the Director” shall cease to have effect and after the definition of “ officer ” there is inserted—

“the OFT” means the Office of Fair Trading;

;

(b) in subsection (4), for “Director” and “he” there is substituted “ OFT ” and “ it ” respectively.

(45) In section 60 (principles to be applied in determining questions), for “Director” (in both places) there is substituted “ OFT ”.

(46) In section 61 (introduction)—

(a) in subsection (1)—

(i) in the definition of “authorised officer”, for “Director” there is substituted “ OFT ”;

(ii) the definition of “the Director” shall cease to have effect;

(iii) after the definition of “Commission investigation” there is inserted—

“the OFT” means the Office of Fair Trading;

;

(iv) for “ “Director’s investigation” means an investigation conducted by the Director” there is substituted “ “OFT’s investigation” means an investigation conducted by the OFT ”;

(v) for “ “Director’s special investigation” means a Director’s” there is substituted “ “OFT’s special investigation” means an OFT’s ”;

(vi) in the definition of “premises”, for “a Director’s” there is substituted “ an OFT’s ”;

(b) in subsection (2)—

(i) for “a Director’s” there is substituted “ an OFT’s ”;

(ii) for “Director” there is substituted “ OFT ”;

(47) In section 62 (power to enter premises: Commission investigation)—

(a) in subsection (1), for “Director” there is substituted “ OFT ”, and

(b) in subsection (5)—

(i) in paragraph (a), for “Director” there is substituted “ OFT ”;

(ii) in paragraph (b), for “his officers whom he” there is substituted “ the OFT’s officers whom the OFT ”.

(48) In section 63 (power to enter premises: Director’s special investigations)—

(a) in subsection (1), for “Director, that a Director’s” there is substituted “ OFT, that an OFT’s ”;

(b) in subsections (2) to (4), for “A Director’s” and “Director” there is substituted “ An OFT’s ” and “ OFT ” respectively;

(d) in the sidenote, for “Director’s” there is substituted “ OFT’s ”.

(49) In section 71 (regulations, orders and rules), in subsection (4), after paragraph (c) there is inserted—

(ca) section 45(8),

(50) In Schedule 1 (exclusions: mergers and concentrations)—

(a) in paragraph 1—

(i) in sub-paragraph (1), for the words from “Part V” to “1973 Act”)” there is substituted “ Part 3 of the Enterprise Act 2002 (“the 2002 Act”) ”;

(ii) in sub-paragraph (4), for “Section 65 of the 1973 Act” there is substituted “ Section 26 of the 2002 Act ”;

(b) in paragraph 2—

(i) in sub-paragraph (1)(a), for “Part V of the 1973 Act” there is substituted “ Part 3 of the 2002 Act ”;

(ii) in sub-paragraph (2), for “Section 65 of the 1973 Act” there is substituted “ Section 26 of the 2002 Act ”;

(i) for “Director” (in each place) there is substituted “ OFT ”;

(ii) in sub-paragraph (2), for “he” (in both places) and “him” there is substituted “ it ” and “ the OFT ” respectively;

(iii) in sub-paragraph (5), for “he” (in both places) there is substituted “ it ”;

(d) in paragraph 5, for paragraphs (a) to (d) there is substituted—

(a) the OFT or (as the case may be) the Secretary of State has published its or his decision not to make a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement; (b) the OFT or (as the case may be) the Secretary of State has made a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation; (c) the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or (d) the OFT has made a reference to the Competition Commission under section 32 of the Water Industry Act 1991 in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.

(51) In Schedule 3 (general exclusions)—

(a) in paragraph 2—

(i) for “Director” (in each place) there is substituted “ OFT ”;

(ii) in sub-paragraph (4), for “he” (in both places) and “him” there is substituted “ it ” and “ the OFT ” respectively;

(iii) in sub-paragraph (7), for “if he” and “he is” there is substituted “ if it ” and “ the OFT is ” respectively;

(b) in paragraph 9—

(i) for “Director” (in each place) there is substituted “ OFT ”;

(ii) in sub-paragraph (4), for “he” (in both places) and “him” there is substituted “ it ” and “ the OFT ” respectively;

(iii) in sub-paragraph (7), for “he” (in both places) there is substituted “ it ”.

(52) In Schedule 5 (notification under Chapter 1: procedure)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in paragraph 3, for “he” (in the first place) and “his” there is substituted “ it ” and “ its ” respectively;

(i) for “he thinks” there is substituted “ it thinks ”;

(ii) for “bringing it” there is substituted “ bringing the application ”;

(iii) for “he is” there is substituted “ the OFT is ”;

(iv) the words “for him” shall cease to have effect;

(d) in paragraph 5(3), for “him” there is substituted “ it ”;

(e) in paragraph 6, for “he” and “his” (in both places) there is substituted “ it ” and “ its ” respectively.

(53) In Schedule 6 (notification under Chapter 2: procedure)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in paragraph 3(1) and (2), for “he” there is substituted “ it ”;

(i) for “he thinks” there is substituted “ it thinks ”;

(ii) for “bringing it” there is substituted “ bringing the application ”;

(iii) for “he is” there is substituted “ the OFT is ”;

(iv) the words “for him” shall cease to have effect;

(d) in paragraph 5(3), for “him” there is substituted “ it ”;

(e) in paragraph 6, for “he” and “his” (in both places) there is substituted “ it ” and “ its ” respectively.

(54) In Schedule 8 (appeals)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) in paragraph 2(2)(c), for “Director’s exercise of his” there is substituted “ OFT’s exercise of its ”;

(55) In Schedule 9 (Director’s rules), for “Director” (in each place), “he” (in each place), “Director’s” (in each place) and “him” there is substituted “ OFT ”, “ it ”, “ OFT’s ” and “ it ” respectively.

Greater London Authority Act 1999 (c. 29)

39

(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 sub-paragraph (ii) there is substituted—

(ii) the Office of Fair Trading,

;

(b) in subsection (3), after paragraph (rr) there is inserted—

(rs) the Enterprise Act 2002;

Financial Services and Markets Act 2000 (c. 8)

40

(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 intervention is exercisable), in subsection (3), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(7) In section 203 (power to prohibit the carrying on of Consumer Credit Act business)—

(a) in subsection (1)—

(i) for “the Director General of Fair Trading (“the Director”)” there is substituted “ the Office of Fair Trading (“the OFT”) ”;

(ii) for “he” there is substituted “ it ”;

(b) in subsection (2), for “Director” and “he” there is substituted “ OFT ” and “ it ” respectively;

and in the cross-heading before that section, for “Director General of Fair Trading” there is substituted “ Office of Fair Trading ”.

(8) In section 204 (power to restrict the carrying on of Consumer Credit Act business), for “Director” (in each place) and “him” there is substituted “ OFT ” and “ it ” respectively.

(9) In section 295 (notification), for “Director” there is substituted “ OFT ”.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16) In section 399 (misleading the Director General of Fair Trading)—

(a) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(b) in the sidenote, for “the Director General of Fair Trading” there is substituted “ the OFT ”.

(17) In section 401 (proceedings for offences), in subsection (4), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(18) In section 427(3)(a) (transitional provisions), for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(19) In Schedule 3 (EEA passport rights)—

(a) in paragraph 15(3), for “the Director General of Fair Trading” and “him” there is substituted “ the Office of Fair Trading ” and “ it ” respectively;

(b) in paragraph 23(2), for “the Director of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(20) In Schedule 14 (role of Competition Commission)—

(a) in paragraph 2(a), for “Director” and “it” there is substituted “ OFT ” and “ the Commission ” respectively;

(b) after paragraph 2 there is inserted—

Investigations under section 162: application of Enterprise Act 2002 (2A) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3), for the purposes of any investigation by the Commission under section 162 of this Act as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of sub-paragraph (1), have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted— (“) if earlier, the day on which the report of the Commission on the investigation concerned is made or, if the Commission decides not to make a report, the day on which the Commission makes the statement required by section 162(3) of the Financial Services and Markets Act 2000. ” (4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Commission in connection with an investigation under section 162 of this Act as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs. (6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs. Section 162: modification of Schedule 7 to the Competition Act 1998 (2B) For the purposes of its application in relation to the function of the Commission of deciding in accordance with section 162(2) of this Act not to make a report, paragraph 15(7) of Schedule 7 to the Competition Act 1998 (power of the Chairman to act on his own while a group is being constituted) has effect as if, after paragraph (a), there were inserted “; or (aa) in the case of an investigation under section 162 of the Financial Services and Markets Act 2000, decide not to make a report in accordance with subsection (2) of that section (decision not to make a report where no useful purpose would be served). ” Reports under section 162: further provision (2C) (1) For the purposes of section 163 of this Act, a conclusion contained in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the investigation concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (2) If a member of a group so constituted disagrees with any conclusions contained in a report made under section 162 of this Act as the conclusions of the Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing. (3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Commission under section 162.

;

(21) In Schedule 16 (prohibitions and restrictions imposed by Director General of Fair Trading)—

(a) in the heading, for “DIRECTOR GENERAL OF FAIR TRADING” there is substituted “ OFFICE OF FAIR TRADING ”;

(b) for “Director” (in each place), “his” (in each place), “he” (in both places) and “him” (in both places) there is substituted “ OFT ”, “ its ”, “ the OFT ” and “ the OFT ” respectively.

Terrorism Act 2000 (c. 11)

41

(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 is substituted—

(d) the Office of Fair Trading;

Postal Services Act 2000 (c. 26)

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Utilities Act 2000 (c. 27)

43

(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 1973 (annual and other reports)” there is substituted “ Paragraph 12A(1) of Schedule 7 to the Competition Act 1998 (annual reports of the Competition Commission) ”.

(3) In section 105 (general restrictions on disclosure of information)—

(a) in subsection (5), for paragraph (c) there is substituted—

(c) the Office of Fair Trading;

;

(b) in subsection (6), after paragraph (r) there is inserted—

(s) the Enterprise Act 2002

;

(i) for “the Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”;

(ii) for “sections 55 and 56 of that Act (disclosure)” there is substituted “ Part 9 of the Enterprise Act 2002 (Information) ”.

Transport Act 2000 (c. 38)

44

(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 to have effect.

(3) After section 12 there is inserted—

(12A) (1) Every reference under section 12 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. (2) A report of the Competition Commission on a reference under section 12 shall not have effect (and no action shall be taken in relation to it under section 14) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the CAA under subsection (3). (3) The CAA may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. (4) No more than one extension is possible under subsection (3) in relation to the same reference. (5) The CAA shall, in the case of an extension made by it under subsection (3)— (a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and (b) send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State. (12B) (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3), for the purposes of references under section 12 as they apply for the purposes of references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (2) Section 110 shall, in its application by virtue of subsection (1), have effect as if— (a) subsection (2) were omitted; and (b) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (3) Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1), have effect as if— (a) for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; (b) for the words “published (or given)”, in both places where they appear, there were substituted “made”; and (c) the words “by this Part” were omitted. (4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 12 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4), have effect in relation to those sections as applied by virtue of those subsections. (6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(4) In section 13 (reports on licence modification references)—

(a) after subsection (1) there is inserted—

(1A) For the purposes of sections 14 to 17, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. (1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 12 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

;

(b) for subsection (2) there is substituted—

(2) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 12. (2A) In making any report on a reference under section 12 the Competition Commission must have regard to the following considerations before disclosing any information. (2B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (2C) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (2D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (2C)(a) or (b) is necessary for the purposes of the report.

(5) For section 18 (provisions supplementary to exercise by Commission of functions under sections 15 and 16) there is substituted—

(18) (1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15(4) or 16(4) or (6). (2) In publishing or serving any notice under section 15(4) or 16(4) or (6), the Competition Commission must have regard to the following considerations before disclosing any information. (3) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. (4) The second consideration is the need to exclude from disclosure (so far as practicable)— (a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or (b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. (5) The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) is necessary for the purposes of the notice. (6) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (7) and (8), for the purposes of any investigation by the Competition Commission for the purposes of the exercise of its functions under section 15 or 16, as they apply for the purposes of any investigation on references under that Part— (a) section 109 (attendance of witnesses and production of documents etc.); (b) section 110 (enforcement of powers under section 109: general); (c) section 111 (penalties); (d) section 112 (penalties: main procedural requirements); (e) section 113 (payments and interest by instalments); (f) section 114 (appeals in relation to penalties); (g) section 115 (recovery of penalties); and (h) section 116 (statement of policy). (7) Section 110 shall, in its application by virtue of subsection (6), have effect as if— (a) subsection (2) were omitted; (b) in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the publication by the Commission of a notice under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction has been given by the Commission under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and (c) in subsection (9) the words from “or section” to “section 65(3))” were omitted. (8) Section 111(5)(b) shall, in its application by virtue of subsection (6), have effect as if for sub-paragraph (ii) there were substituted— (“) if earlier, the day on which a notice is published by the Commission under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction is given by the Commission under section 15(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ” (9) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under section 15 or 16 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. (10) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) or (9), have effect in relation to those sections as applied by virtue of those subsections. (11) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

(6) In section 85 (interpretation of Chapter 5), in subsection (1), for paragraph (c) there is substituted—

(c) the OFT is the Office of Fair Trading.

(7) In section 86 (functions exercisable by CAA and the Director)—

(a) in subsections (1), (4) and (7), for “the Director” there is substituted “ the OFT ”;

(b) in subsection (3), for “the Director’s” there is substituted “ the OFT’s ”.

(8) In section 89 (carrying out functions)—

(a) for “the Director” (in each place) there is substituted “ the OFT ”;

(b) in subsection (2), for “he or it” there is substituted “ it ”.

(9) In section 90 (publication of information and advice)—

(a) in subsection (6), for “The Director must consult the CAA before publishing under section 124 of the 1973 Act” there is substituted “ The Office of Fair Trading must consult the CAA before publishing under section 6 of the Enterprise Act 2002 ”;

(b) subsection (8) shall cease to have effect.

(10) In section 91 (review and information)—

(a) in subsections (3) and (4), for “the Director” (in each place) there is substituted “ the Office of Fair Trading ”;

(b) subsection (5) shall cease to have effect.

(11) In Schedule 9 (air traffic: information)—

(a) in paragraph 3—

(i) in sub-paragraph (2), for paragraph (b) there is substituted—

(b) the Office of Fair Trading;

;

(ii) in sub-paragraph (3), after paragraph (r) there is inserted—

(ra) the Enterprise Act 2002;

(b) in paragraph 5, in sub-paragraph (3), for “Director General of Fair Trading” there is substituted “ the Office of Fair Trading ”.

(12) In Schedule 10 (competition test for exercise of bus functions)—

(a) for “Director” (in each place) there is substituted “ OFT ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in paragraph 5, for “he” there is substituted “ it ”;

(f) in paragraph 6(1), for “him” (in each place) and “he” there is substituted “ it ” and “ the OFT ” respectively;

(g) in paragraph 9, for “he” there is substituted “ the OFT ”;

(h) in paragraph 10, for “he” and “his” (in both places) there is substituted “ the OFT ” and “ its ” respectively;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) in paragraph 12(1), for “he” (in both places) there is substituted “ the OFT ”;

(k) in paragraphs 13 to 15, for “his” (in each place) there is substituted “ its ”;

(l) in paragraph 16, for “him” and “his” there is substituted “ the OFT ” and “ its ” respectively.

SCHEDULE 26

The Competition Appeal Tribunal

Amendment of 1998 Act relating to the Tribunal

Turnover test

Restrictions on action where public interest considerations not finalised

Intervention by the Secretary of State

...

34A Duty of OFT where case referred by the European Commission

34B Power to request information in referred cases

Other powers under this Part

General advisory functions of OFCOM

44A

(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 intervention notice mentions any media public interest consideration.

(2) OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.

(3) The report shall contain—

(a) advice and recommendations on any media public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 45; and

(b) a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.

(4) OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.

...

46A Cases referred by the European Commission where intervention notice is in force

46B Extension of preliminary assessment period

46C Power to request information in referred cases

58A

(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 this Part “newspaper enterprise” means an enterprise consisting in or involving the supply of newspapers.

(4) Wherever in a merger situation two media enterprises serving the same audience cease to be distinct, the number of such enterprises serving that audience shall be assumed to be more immediately before they cease to be distinct than it is afterwards.

(5) For the purposes of section 58, where two or more media enterprises—

(a) would fall to be treated as under common ownership or common control for the purposes of section 26, or

(b) are otherwise in the same ownership or under the same control,

they shall be treated (subject to subsection (4)) as all under the control of only one person.

(6) A reference in section 58 or this section to an audience shall be construed in relation to a media enterprise in whichever of the following ways the decision-making authority considers appropriate—

(a) as a reference to any one of the audiences served by that enterprise, taking them separately;

(b) as a reference to all the audiences served by that enterprise, taking them together;

(c) as a reference to a number of those audiences taken together in such group as the decision-making authority considers appropriate; or

(d) as a reference to a part of anything that could be taken to be an audience under any of paragraphs (a) to (c) above.

(7) The criteria for deciding who can be treated for the purposes of this section as comprised in an audience, or as comprised in an audience served by a particular service—

(a) shall be such as the decision-making authority considers appropriate in the circumstances of the case; and

(b) may allow for persons to be treated as members of an audience if they are only potentially members of it.

(8) In this section “audience” includes readership.

(9) The power under subsection (3) of section 58 to modify that section includes power to modify this section.

Decision of Secretary of State in public interest cases

Fees

59A

(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 description, or

(b) broadcasting of any description,

the decision-making authority shall apply such criterion (whether value, cost, price, quantity, capacity, number of workers employed or some other criterion, of whatever nature), or such combination of criteria, as the decision-making authority considers appropriate.

(2) References in section 59(3C) to the supply of newspapers shall, in relation to newspapers of any description which are the subject of different forms of supply, be construed in whichever of the following ways the decision-making authority considers appropriate—

(a) as references to any of those forms of supply taken separately;

(b) as references to all those forms of supply taken together; or

(3) For the purposes of subsection (2) the decision-making authority may treat newspapers as being the subject of different forms of supply whenever—

(a) the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and

(b) the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.

(4) References in section 59(3D) to the provision of broadcasting shall, in relation to broadcasting of any description which is the subject of different forms of provision, be construed in whichever of the following ways the decision-making authority considers appropriate—

(a) as references to any of those forms of provision taken separately;

(b) as references to all those forms of provision taken together; or

(5) For the purposes of subsection (4) the decision-making authority may treat broadcasting as being the subject of different forms of provision whenever—

(a) the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and

(b) the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.

(6) The criteria for deciding when newspapers or broadcasting can be treated, for the purposes of section 59, as newspapers or broadcasting of a separate description shall be such as in any particular case the decision-making authority considers appropriate in the circumstances of that case.

(7) In section 59 and this section “provision” and cognate expressions have the same meaning in relation to broadcasting as in Part 3 of the Communications Act 2003; but this subsection is subject to subsections (4) and (5) of this section.

61A

(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 special intervention notice mentions any consideration which, at the time of the giving of the notice, was specified in section 58(2A) to (2C).

(2) OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.

(3) The report shall contain—

(a) advice and recommendations on any consideration which—

(i) is mentioned in the special intervention notice concerned and, at the time of the giving of that notice, was specified in section 58(2A) to (2C); and

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