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

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(4) 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 56C. (4A) In making any report on a reference under section 56C the Competition Commission must have regard to the following considerations before disclosing any information. (4B) 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. (4C) 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. (4D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (4C)(a) or (b) is necessary for the purposes of the report.

Companies Act 1989 (c. 40)

21

(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 is substituted “ the Office of Fair Trading ”.

(3) In section 87 (exceptions from restrictions on disclosure), in subsection (4), for the entry relating to the Director General of Fair Trading there is substituted—

The Office of Fair Trading.

(4) In Schedule 14 (supervisory and qualifying bodies: restrictive practices)—

(a) in paragraph 1—

(i) in sub-paragraph (1), for “the Director General of Fair Trading (in this Schedule referred to as “the Director”)” there is substituted “ the Office of Fair Trading (in this Schedule referred to as “the OFT”) ” and for “Director” there is substituted “ OFT ”;

(ii) in sub-paragraph (2), for “Director” and “his” there is substituted “ OFT ” and “ its ” respectively;

(b) in paragraph 3—

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

(ii) in sub-paragraph (1), for “he” (in both places) and “his” (in both places) there is substituted “ it ” and “ its ” respectively;

(iii) in sub-paragraph (3), for “his” there is substituted “ its ”;

(iv) in sub-paragraph (4), for “he” (in both places) and “his” there is substituted “ it ” and “ its ” respectively;

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

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

(ii) in sub-paragraph (1), for “his” there is substituted “ its ”;

(iii) in sub-paragraph (2), for “him” there is substituted “ it ”;

(iv) sub-paragraph (5) shall cease to have effect;

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

(d) after paragraph 4 there is inserted—

(4A) (1) The court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 4. (2) An application under sub-paragraph (1) shall include details of the possible failure which the OFT considers has occurred. (3) In enquiring into a case under sub-paragraph (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence. (4) Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under paragraph 4. (5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court. (6) Where the defaulter is a body corporate, the court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court. (7) In this section “the court”— (a) in relation to England and Wales, means the High Court, and (b) in relation to Scotland, means the Court of Session. (4B) (1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 4. (2) A person who commits an offence under sub-paragraph (1) shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

;

(e) in paragraph 5, for “Director”, “he” (in both places), “him” and “his” there is substituted “ OFT ”, “ it ”, “ it ” and “ its ” respectively, and, in the cross-heading before paragraph 5, for “Director’s” there is substituted “ OFT’s ”;

(f) in paragraphs 6 and 7, for “Director” (in each place) there is substituted “ OFT ”;

(g) paragraph 8 (exemption from monopoly provisions) shall cease to have effect.

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

22

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

Courts and Legal Services Act 1990 (c. 41)

23

(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 provisions), in subsection (10), for “Director” there is substituted “ OFT ”.

(8) In section 107 (tying-in: enforcement)—

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

(b) in subsection (5), for “him” and “he” there is substituted “ it ”.

(9) In section 119(1) (interpretation)—

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

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

“the OFT” means the Office of Fair Trading;

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

Broadcasting Act 1990 (c. 42)

24

(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 place) there is substituted “ OFT ”;

(b) in subsection (7)(a)—

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

(ii) for “his” there is substituted “ its ”;

(d) in subsection (9)—

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

(ii) after the definition of “Chapter III powers” there is inserted—

“OFT” means the Office of Fair Trading;

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water Industry Act 1991 (c. 56)

25

(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 General of Fair Trading” there is substituted “ the Office of Fair Trading (in this Act referred to as “the OFT”) ”.

(3) In section 12(5) (determinations under conditions of appointment) for “the 1973 Act” there is substituted “ the Enterprise Act 2002 ”.

(4) In section 14 (conditions of appointment: modification references to Commission), subsections (7) and (7A) shall cease to have effect.

(5) After section 14 there is inserted—

(14A) (1) Every reference under section 14 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 14 above shall not have effect (and no action shall be taken in relation to it under section 16 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 Director under subsection (3) below. (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 subsection (3) above in relation to the same reference. (5) The Director shall, in the case of an extension made by him under subsection (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 company whose appointment is mentioned in the reference. (14B) (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 14 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) 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 subsection (1) above, have effect in relation to those sections as applied by virtue of that subsection. (5) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.

(6) In section 15 (reports on modification references)—

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

(1A) For the purposes of section 16 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 14 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 14 above. (3A) In making any report on a reference under section 14 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.

(7) In section 27 (general duty of Director to keep matters under review), in subsection (4)—

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

(b) for “that Director” there is substituted “ the OFT ”.

(8) In section 31 (functions of Director with respect to competition)—

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

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

(d) in subsection (8), for “the Director General of Fair Trading” there is substituted “ the OFT ”.

(9) In section 201 (publication of certain information and advice), at the end there is inserted—

(4) The OFT 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 subsection (2) of this section.

(10) In section 206 (restriction on disclosure of information), in subsection (9A)—

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

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

(11) In section 219 (general interpretation), in subsection (1), after the definition of “notice” there is inserted—

“the OFT” means the Office of Fair Trading;

(12) In Part 1 of Schedule 15 (disclosure of information)—

(a) in Part 1, for the entry relating to the Director General of Fair Trading there is substituted—

The OFT.

;

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

The Enterprise Act 2002.

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 ”.

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