Enterprise and Regulatory Reform Act 2013

After section 138 of that Act insert—

(138A) (1) The CMA shall discharge its duty under section 138(2) within the period of 6 months beginning with the date on which it publishes the report concerned under section 136. (2) The CMA may extend, by no more than 4 months, the period within which its duty under section 138(2) is required to be discharged if it considers that there are special reasons for doing so. (3) The CMA may extend the period within which its duty under section 138(2) is required to be discharged if it considers that— (a) a person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 174 which was given in relation to the reference; and (b) the failure is preventing the CMA from properly discharging its duty under section 138(2). (4) An extension under subsection (2) or (3) shall come into force when published under section 172. (5) An extension under subsection (3) continues in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension. (138B) (1) A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under section 138A(2). (2) No more than one extension is possible under section 138A(2). (3) Where a period is extended or further extended under section 138A(2) or (3), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time). (4) Subsection (5) applies where— (a) the period within which the CMA shall discharge its duty under section 138(2) is further extended; (b) the further extension and at least one previous extension is made under section 138A(3); and (c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension. (5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) shall be disregarded. (6) The Secretary of State may by order amend section 138A so as to alter one or more of the following periods— (a) the period of 6 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period; (b) the period of 4 months mentioned in subsection (2) or any period for the time being there mentioned in substitution for that period. (7) But no alteration shall be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 138A(1) exceeding 6 months; or (b) the period for the time being mentioned in section 138A(2) exceeding 4 months. (8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

Time-limits: public interest intervention cases

6

• (1) Section 144 of the 2002 Act (time-limits for investigations and reports in public interest intervention cases) is amended as follows.

• (2) In subsection (1), for “two years” substitute “ 18 months ”.

• (3) After subsection (1A) (inserted by Schedule 10) insert—

(1B) The CMA may extend, by no more than 6 months, the period within which its report under section 142 is to be prepared and action is to be taken in relation to it under section 143(1) or (3) or (as the case may be) 143A(2) or (3) if it considers that there are special reasons for doing so. (1C) An extension under subsection (1B) shall come into force when published under section 172. (1D) No more than one extension is possible under subsection (1B).

• (4) In subsection (2)—

• (a) after “amend” insert

— (a)

,

• (b) for “two years” substitute “ 18 months ”, and

• (c) at the end insert

; (b) subsection (1B) so as to alter the period of 6 months mentioned in that subsection or any period for the time being mentioned in that subsection in substitution for that period.

• (5) In subsection (3)—

• (a) after “results in” insert

— (a)

,

• (b) for “two years” substitute “ 18 months ”, and

• (c) at the end insert

;or (b) the period for the time being mentioned in subsection (1B) exceeding 6 months.

Time-limits: consequential and other minor amendments

7

Part 4 of the 2002 Act (market investigations) is amended as follows.

8

In the heading of that Part, at the beginning insert “ Market Studies and ”.

9

In the heading of Chapter 1, at the beginning insert “ Market Studies and ”.

10

• (1) Section 132 (ministerial power to make references) is amended as follows.

• (2) In subsection (1)—

• (a) after “services” insert

— (a)

, and

• (b) at the end insert

; and (b) in a case in which the CMA has published a market study notice under section 130A, the period permitted by section 131B for the preparation and publication by the CMA of the market study report has expired.

• (3) In subsection (2)(b), for “to make such a reference” substitute “ to publish a market study notice in relation to the matter concerned ”.

11

In section 135 (variation of references), omit subsection (4).

12

In section 156 (effect of undertakings under section 154), after subsection (2) insert—

(3) The expiry of the period mentioned in section 131B(4) does not prevent the making of a market investigation reference if the CMA has accepted an undertaking or group of undertakings under section 154 and— (a) the CMA considers that any undertaking concerned has been breached and has given notice of that fact to the person responsible for giving the undertaking; or (b) the person responsible for giving any undertaking concerned supplied, in connection with the matter, information to the OFT which was false or misleading in a material respect.

13

In section 169 (certain duties of relevant authorities to consult: Part 4), in subsection (6), in the definition of “relevant decision”—

• (a) in paragraph (a), for sub-paragraph (i) substitute—

(i) to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned; (ia) as to whether to accept undertakings under section 154 instead of making any reference under section 131;

, and

• (b) in paragraph (b)(i), omit “as to whether”.

14

• (1) Section 172 (further publicity requirements: Part 4) is amended as follows.

• (2) In subsection (1), after paragraph (a) insert—

(aa) any decision not to make a reference under section 131 following a consultation in relation to the matter concerned under section 169;

.

• (3) In subsection (2)—

• (a) before paragraph (a) insert—

(za) any extension by it under section 137 of the period within which a report under section 136 is to be prepared and published; (zb) any extension by it under section 138A of the period within which its duty under section 138(2) is to be discharged;

, and

• (b) after paragraph (b) insert—

(ba) any extension by it under section 144 of the period within which a report under section 142 is to be prepared and action is to be taken in relation to it;

.

• (4) After subsection (7) insert—

(7A) Subsection (6) shall not apply in relation to any case falling within subsection (1)(a).

15

In section 179 (review of decisions under Part 4), in subsection (2), before paragraph (a) insert—

(za) does not include a decision whether to carry out functions under section 5 in a case where the CMA is, or would have been, required to publish a market study notice (see section 130A(1));

.

16

• (1) Section 181 (orders under Part 4) is amended as follows.

• (2) In subsection (3), for “136(9), 137(3)” substitute “ 131C(1), 136(9), 137(3), 138B(6) ”.

• (3) In subsection (4), for “137(3)” substitute “ 131C(1), 137(3), 138B(6) ”.

17

In section 184 (index of defined expressions in Part 4), after the entry in the table for “market investigation reference” insert—

Market study notice	Section 130A(1)
“Market study report	Section 131B(4)

SCHEDULE 13

1

The 1998 Act is amended as follows.

2

• (1) Section 28 (power to enter business premises under a warrant) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

• (3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

• (4) After subsection (7) insert—

(7A) An application for a warrant under this section must be made— (a) in the case of an application to the court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

3

• (1) Section 28A (power to enter domestic premises under a warrant) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

• (3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

• (4) After subsection (8) insert—

(8A) An application for a warrant under this section must be made— (a) in the case of an application to the court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

4

In section 61 (interpretation of Part 2), after the definition of “the Treaty” insert—

“the Tribunal” means the Competition Appeal Tribunal;” “Tribunal rules” means rules under section 15 of the Enterprise Act 2002.”

.

5

• (1) Section 62 (power to enter business premises under a warrant: Article 20 inspections) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

• (3) After subsection (8) insert—

(8A) An application for a warrant under this section must be made— (a) in the case of an application to the High Court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

6

• (1) Section 62A (power to enter non-business premises under a warrant: Article 21 inspections) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

• (3) After subsection (10) insert—

(10A) An application for a warrant under this section must be made— (a) in the case of an application to the High Court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

7

• (1) Section 63 (power to enter business premises under a warrant: Article 22(2) inspections) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the High Court or the Tribunal must issue a warrant if it is satisfied that— ”.

• (3) After subsection (8) insert—

(8A) An application for a warrant under this section must be made— (a) in the case of an application to the High Court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

8

In section 65C (interpretation of Part 2A), in subsection (2), after the entry for “the Treaty” (but before the “and” following it) insert—

“the Tribunal;” “Tribunal rules;”

.

9

• (1) Section 65G (power to enter business premises under a warrant: Article 22(1) investigations) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

• (3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

• (4) After subsection (8) insert—

(8A) An application for a warrant under this section must be made— (a) in the case of an application to the court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

10

• (1) Section 65H (power to enter domestic premises under a warrant: Article 22(1) investigations) is amended as follows.

• (2) In subsection (1), for the words before paragraph (a) substitute “ On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that— ”.

• (3) In subsection (3), for “the judge” substitute “ the court or (as the case may be) the Tribunal ”.

• (4) After subsection (8) insert—

(8A) An application for a warrant under this section must be made— (a) in the case of an application to the court, in accordance with rules of court; (b) in the case of an application to the Tribunal, in accordance with Tribunal rules.

SCHEDULE 14

Gas Act 1986 (c. 44)

1

The Gas Act 1986 is amended as follows.

2

• (1) Section 28 (orders for securing compliance) is amended as follows.

• (2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

• (3) After subsection (4) insert—

(4A) Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (4B) The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (4) In subsection (5), omit paragraph (c) and the “or” preceding it.

• (5) In subsection (6)—

• (a) in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

• (b) in paragraph (a), after “that it” insert “ has so decided or ”.

3

In section 30A (penalties), for subsection (2) substitute—

(2) Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (2A) The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Electricity Act 1989 (c. 29)

4

The Electricity Act 1989 is amended as follows.

5

• (1) Section 25 (orders for securing compliance) is amended as follows.

• (2) In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.

• (3) After subsection (4) insert—

(4A) Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (4B) The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (4) In subsection (5), omit paragraph (d) and the “or” preceding it.

• (5) In subsection (6)—

• (a) in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and

• (b) in paragraph (a), after “that it” insert “ has so decided or ”.

6

In section 27A (penalties), for subsection (2) substitute—

(2) Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (2A) The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

7

In section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Water Industry Act 1991 (c. 56)

8

The Water Industry Act 1991 is amended as follows.

9

• (1) Section 19 (exception to duty to enforce) is amended as follows.

• (2) For subsection (1A) substitute—

(1A) Before making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (1B) The Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (3) In subsection (3)—

• (a) in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “ has decided that it would be more appropriate to proceed under the Competition Act 1998 ”, and

• (b) in paragraph (a), after “satisfied” insert “ or has so decided ”.

10

In section 22A (penalties), for subsection (13) substitute—

(13) Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (14) The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.

Railways Act 1993 (c. 43)

11

The Railways Act 1993 is amended as follows.

12

• (1) Section 55 (orders for securing compliance) is amended as follows.

• (2) For subsection (5A) substitute—

(5A) Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (5AA) The Office of Rail Regulation shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (3) In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.

13

In section 57A (penalties), for subsection (6) substitute—

(6) Before imposing a penalty under this section, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (7) The Office of Rail Regulation shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.

14

In section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.

Transport Act 2000 (c. 38)

15

• (1) Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.

• (2) In subsection (1), omit paragraph (b) and the “or” preceding it.

• (3) After subsection (5) insert—

(6) Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998. (7) The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.

Communications Act 2003 (c. 21)

16

The Communications Act 2003 is amended as follows.

17

In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—

(10) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998. (10A) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998. (10B) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

18

In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—

(5) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998. (6) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998. (7) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

Postal Services Act 2011 (c. 5)

19

In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—

(4) (1) Before giving a notification under paragraph 2, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998. (2) OFCOM must not give a notification under paragraph 2 if they consider that it would be more appropriate to proceed under the Competition Act 1998. (3) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.

Health and Social Care Act 2012 (c. 7)

20

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

21

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

22

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

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

23

In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “ If any question arises as to whether paragraph (2) or (3) applies to any particular case ”.

The Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))

24

The Energy (Northern Ireland) Order 2003 is amended as follows.

25

• (1) Article 42 (orders for securing compliance) is amended as follows.

• (2) In paragraph (1), for “, (5) and” substitute “ and (5) to ”.

• (3) In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.

• (4) In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.

• (5) After that paragraph insert—

(5A) Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (5B) The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (6) In paragraph (7)—

• (a) in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

• (b) in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.

26

In article 45 (financial penalties), for paragraph (3) substitute—

(3) Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (3A) The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.

The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))

27

The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.

28

• (1) Article 31 (exceptions to duty to enforce) is amended as follows.

• (2) In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.

• (3) After that paragraph insert—

(1A) Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (1B) The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.

• (4) In paragraph (3)—

• (a) in the words before sub-paragraph (a)—

• (i) for “, (c) or (d)” substitute “ or (c) ”, and

• (ii) after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

• (b) in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.

29

In article 35 (financial penalties), for paragraph (11) substitute—

(11) Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998. (12) The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.

SCHEDULE 15

Civil Aviation Act 1982 (c. 16)

1

In Schedule 1 to the Civil Aviation Act 1982 (constitution etc. of the Authority), in paragraph 15—

• (a) the existing text becomes sub-paragraph (1), and

• (b) after that sub-paragraph insert—

(2) The power in sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Gas Act 1986 (c. 44)

2

In section 36A of the Gas Act 1986 (functions with respect to competition), in subsections (3), (3A) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Electricity Act 1989 (c. 29)

3

In section 43 of the Electricity Act 1989 (functions with respect to competition), in subsections (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Water Industry Act 1991 (c. 56)

4

The Water Industry Act 1991 is amended as follows.

5

In section 31 (functions with respect to competition), in subsections (3), (4A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

6

In Schedule 1A (constitution etc. of the Authority), in paragraph 10, after sub-paragraph (2) insert—

(3) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Railways Act 1993 (c. 43)

7

In section 67 of the Railways Act 1993 (functions with respect to competition), in subsections (3), (3A) and (8)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Competition Act 1998 (c. 41)

8

The Competition Act 1998 is amended as follows.

9

In section 26 (powers when conducting investigations), in subsection (3)(b), for “42 to” substitute “ 43 and ”.

10

In section 38 (guidance on level of penalties), in subsection (9), for “an appeal tribunal” substitute “ the Tribunal ”.

11

In section 54 (regulators), in subsection (1)—

• (a) omit paragraph (c), and

• (b) for paragraph (f) substitute—

(f) the Northern Ireland Authority for Utility Regulation;

.

12

• (1) Schedule 1 (exclusions: mergers and concentrations) is amended as follows.

• (2) In paragraph 5—

• (a) omit “to the Competition Commission” (in each place where it occurs), and

• (b) for “the Commission” (in each place where it occurs) substitute “ the CMA ”.

Utilities Act 2000 (c. 27)

13

In Schedule 1 to the Utilities Act 2000 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—

(2A) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Transport Act 2000 (c. 38)

14

In section 86 of the Transport Act 2000 (functions with respect to competition), in subsections (3), (4)(b) and (7)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Enterprise Act 2002 (c. 40)

15

The Enterprise Act 2002 is amended as follows.

16

• (1) Section 25 (extension of time-limits) is amended as follows.

• (2) In subsection (2), for the words from “has failed” to the end of the subsection substitute “ has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 ”.

• (3) For subsection (3) substitute—

(3) An extension under subsection (2) shall come into force when notice of the extension is given and end— (a) when the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) if earlier, the CMA cancels the extension.

17

Omit section 31 (information powers in relation to completed mergers).

18

• (1) Section 32 (supplementary provision for purposes of sections 25 and 31) is amended as follows.

• (2) Omit subsections (1) to (3).

• (3) In subsection (4), omit “or subsection (3)(a) above”.

• (4) In the heading, for “sections 25 and 31” substitute “ section 25 ”.

19

• (1) Section 34A (duty where case referred by European Commission) is amended as follows.

• (2) For subsection (5) substitute—

(5) The CMA may extend the preliminary assessment period if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.

• (3) For subsection (6) substitute—

(6) An extension under subsection (5) shall come into force when published under section 107. (6A) An extension under subsection (5) shall continue in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension.

• (4) Omit subsection (7).

20

Omit section 34B (power to request information in referred cases).

21

• (1) Section 42 (intervention by Secretary of State in certain public interest cases) is amended as follows.

• (2) In subsection (1), in paragraph (d)(i)—

• (a) for “section 22(3)(a) or (e)” substitute “ section 22(3)(za), (a) or (e) ”, and

• (b) for “33(3)(a) or (e)” substitute “ 33(3)(za), (a) or (e) ”.

• (3) In subsection (5), for “to 32” substitute “ to 30 ”.

• (4) In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

• (5) In that subsection, in paragraph (b), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.

• (6) In that subsection, in paragraph (h)—

• (a) omit “, and the power to request information under section 31(1) as so applied,”, and

• (b) after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.

• (7) In that subsection, in paragraph (i), after “existing time-limits” insert “ by virtue of section 24 (as so applied) ”.

• (8) In that subsection, omit paragraph (j).

• (9) In that subsection, in paragraph (k), for “to 32” substitute “ to 30 ”.

• (10) In that subsection, omit paragraph (l) and the word “and” immediately preceding it.

22

In section 46 (references under section 45: supplementary), in subsection (1)(a), omit “or 96(3)”.

23

• (1) Section 46B (extension of preliminary assessment period) is amended as follows.

• (2) For subsection (1) substitute—

(1) The CMA may extend the preliminary assessment period for the purposes of section 46A if it considers that any of the persons carrying on the enterprises concerned has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109.

• (3) Omit subsection (2).

• (4) For subsection (3) substitute—

(3) An extension under subsection (1) shall come into force when published under section 107. (3A) An extension under subsection (1) shall continue in force until— (a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or (b) the CMA publishes its decision to cancel the extension.

• (5) Omit subsection (4).

24

Omit section 46C (power to request information in referred cases).

25

• (1) Section 49 (variation of references under section 45) is amended as follows.

• (2) In subsection (2), omit “1,”.

• (3) In subsection (3), omit “1,”.

• (4) In subsection (4) —

• (a) omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and

• (b) for “that Schedule” substitute “ Schedule 7 ”.

• (5) In subsection (5)—

• (a) omit “undertaking or” (in each place where it occurs),

• (b) omit “, accepted or” (in each place where it occurs), and

• (c) omit “, superseded, released”.

26

• (1) Section 59 (intervention by Secretary of State in special public interest cases) is amended as follows.

• (2) In subsection (5), for “to 32” substitute “ to 30 ”.

• (3) In subsection (6), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

• (4) In that subsection, in paragraph (c), for “sections 25(1) to (3), (6) and (8) and 31” substitute “ section 25(1) to (3), (6) and (8) ”.

• (5) In that subsection, in paragraph (g), omit “, and the power to request information under section 31(1) as so applied,”.

• (6) In that subsection, omit paragraph (h).

• (7) In that subsection, in paragraph (i), for “to 32” substitute “ to 30 ”.

• (8) In that subsection, omit paragraph (j) and the word “and” immediately preceding it.

27

• (1) Section 64 (cancellation and variation of references under section 62) is amended as follows.

• (2) In subsection (3), omit “1,”.

• (3) In subsection (4)—

• (a) omit “any undertaking accepted under paragraph 1 of Schedule 7, or”, and

• (b) for “that Schedule” substitute “ Schedule 7 ”.

• (4) In subsection (5)—

• (a) omit “undertaking or” (in each place where it occurs),

• (b) omit “, accepted or” (in each place where it occurs), and

• (c) omit “, superseded, released”.

28

• (1) Section 67 (intervention to protect legitimate interests) is amended as follows.

• (2) In subsection (7), for “to 32” substitute “ to 30 ”.

• (3) In subsection (8), in the words before paragraph (a), for “to 32” substitute “ to 30 ”.

• (4) In that subsection, in paragraph (d), for “sections 25, 31 and 32” substitute “ section 25 ”.

29

In section 68 (scheme for protecting legitimate interests), in subsection (4)(a), for “to 32” substitute “ to 30 ”.

30

In section 77 (restrictions on certain share dealings: completed mergers), in subsection (1)(b), omit “71 or”.

31

In section 78 (restrictions on certain share dealings: anticipated mergers), in subsection (1)(b), for “section 81” substitute “ section 72 or 81 ”.

32

In section 89 (subject matter of undertakings), in subsection (2)—

• (a) omit “71,”, and

• (b) omit “1,”.

33

• (1) Section 93 (further role of OFT in relation to undertakings and orders) is amended as follows.

• (2) In subsection (1), in paragraph (b), omit “1,”.

• (3) In subsection (2), omit “1,”.

• (4) In subsection (4), omit “1,”.

34

In section 94 (rights to enforce undertakings and orders), in subsection (8), omit “1,”.

35

• (1) Section 99 (functions in relation to merger notices) is amended as follows.

• (2) Omit subsections (2) to (4).

• (3) In subsection (5), in paragraph (c), for the words from “or any” to “as required” substitute “ or the person who gave the merger notice has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case concerned ”.

36

• (1) Section 107 (further publicity requirements) is amended as follows.

• (2) In subsection (1), for paragraph (a) substitute—

(a) any decision made by it that the duty to make a reference under section 22 or 33 applies and any such reference made by it; (aa) any decision made by it that the duty to make such a reference does not apply (other than a decision made by virtue of subsection (2)(b) of section 33);

.

• (3) In that subsection, after paragraph (aa) insert—

(ab) any notice given by it as mentioned in paragraph (b) of the definition of “initial period” in section 34ZA(3); (ac) any extension by it under section 34ZB of the initial period; (ad) any decision made by it to cancel an extension as mentioned in section 34ZB(7)(b); (ae) any extension by it under section 34A of the preliminary assessment period; (af) any decision made by it to cancel an extension as mentioned in section 34A(6A)(b);. (ag) any extension by it under section 46B of the preliminary assessment period; (ah) any decision made by it to cancel an extension as mentioned in section 46B(3A)(b);

.

• (4) In that subsection, omit paragraph (d).

• (5) In that subsection, after paragraph (e) insert—

(ea) any notice given by it under section 73A(2)(b); (eb) any extension by it under section 73A of the period for considering whether to accept an undertaking under section 73; (ec) any decision made by it to cancel an extension as mentioned in section 73A(11)(b);

.

• (6) In that subsection, in paragraph (f), for “such an undertaking or order” substitute “ an order mentioned in paragraph (e) ”.

• (7) At the end of that subsection insert

; and (i) any notice given by it under section 96(2A).

• (8) In subsection (2), after paragraph (e) insert—

(ea) any extension by it under section 41A of the period within which its duty under section 41(2) is to be discharged; (eb) any decision made by it to cancel an extension as mentioned in section 41A(7)(b);

.

• (9) In subsection (3), omit paragraphs (h) and (i).

37

In section 130 (index of defined expressions), omit the entry for “Undertakings under paragraph 1 of Schedule 7”.

38

• (1) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as follows.

• (2) In paragraph 7, in sub-paragraph (1), for paragraph (b) substitute—

(b) no orders under paragraph 2 are in force in relation to the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

• (3) In paragraph 8, in sub-paragraph (1), for paragraph (b) substitute—

(b) no orders under paragraph 2 are in force in relation to the relevant merger situation concerned or (as the case may be) the special merger situation concerned.

39

In Schedule 15 (enactments conferring functions for the purposes of which specified information may be disclosed), at the end insert— “ The Health and Social Care Act 2012. ”

Office of Communications Act 2002 (c. 11)

40

In Schedule 1 to the Office of Communications Act 2002 (constitution etc. of the OFCOM), in paragraph 18—

• (a) the existing text becomes sub-paragraph (1), and

• (b) after that sub-paragraph insert—

(2) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Railways and Transport Safety Act 2003 (c. 20)

41

In Schedule 1 to the Rail and Transport Safety Act 2003 (constitution etc. of the Office of Rail Regulation), in paragraph 7—

• (a) the existing text becomes sub-paragraph (1), and

• (b) after that sub-paragraph insert—

(2) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Communications Act 2003 (c. 21)

42

The Communications Act 2003 is amended as follows.

43

• (1) Section 192 (appeals against decisions by OFCOM etc) is amended as follows.

• (2) In subsection (1), after paragraph (d) insert—

(e) a decision by the CMA to which effect is given by an order made under section 193A.

• (3) In subsection (6)(b), after “the Secretary of State” insert “ , by the CMA ”.

44

In section 193 (reference of price control matters), in subsection (10), after “this section” insert “ and section 193A ”.

45

In section 195 (decisions of the Tribunal), in subsection (9), for “or the Secretary of State” (in each place it occurs) substitute “ , the Secretary of State or the CMA ”.

46

In section 371 (functions under the Competition Act 1998), in subsections (2) and (3)(a), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Health and Social Care Act 2012 (c. 7)

47

The Health and Social Care 2012 is amended as follows.

48

In section 72 (functions under the Competition Act 1998), in subsections (2) and (3), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

49

In Schedule 8 (constitution etc. of Monitor), in paragraph 11, after sub-paragraph (2) insert—

(2A) Sub-paragraph (2) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

Civil Aviation Act 2012 (c. 19)

50

The Civil Aviation Act 2012 is amended as follows.

51

In section 62 (functions under Competition Act 1998), in subsections (2) and (4), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

52

In section 63 (Competition Act 1998: supplementary), in subsection (1), after “38(1) to (6)” insert “ , 40B(1) to (4) ”.

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

53

In article 46 of the Electricity (Northern Ireland) Order 1992 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

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

54

In article 23 of the Gas (Northern Ireland) Order 1996 (functions with respect to competition), in paragraphs (3), (3A) and (6)(b), after “38(1) to (6)” (in each place where it occurs) insert “ , 40B(1) to (4) ”.

Energy (Northern Ireland) Order 2003 (SI 2003/419 (N.I. 6))

55

In Schedule 1 to the Energy (Northern Ireland) Order 2003 (constitution etc. of the Authority), in paragraph 9, after sub-paragraph (2) insert—

(2A) Sub-paragraph (1) is subject to provision in rules made under section 51 of the Competition Act 1998 by virtue of paragraph 1A of Schedule 9 to that Act in respect of the exercise of a function under Part 1 of that Act.

SCHEDULE 16

In the Planning (Listed Buildings and Conservation Areas) Act 1990, after Schedule 2 insert—

SCHEDULE 17

National Heritage Act 1983 (c. 47)

1

• (1) Section 33 of the National Heritage Act 1983 (the Commission's general function) is amended as follows.

• (2) In subsection (2A)—

• (a) in paragraph (a) after “1979” insert “ , under section 196D of the Town and Country Planning Act 1990 ”, and

• (b) in paragraph (b) for “that Part or of that Act of 1990” substitute “ Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 or the Planning (Listed Buildings and Conservation Areas) Act 1990 ”.

• (3) After subsection (2A) insert—

(2AA) In relation to an actual or apprehended breach of planning control in respect of relevant demolition, in section 187B of the Town and Country Planning Act 1990 (injunctions restraining breaches of planning control) reference to a local planning authority includes reference to the Commission. (2AB) In subsection (2AA)— - “breach of planning control” has the same meaning as in the Town and Country Planning Act 1990 (see section 171A of that Act); - “relevant demolition” has the same meaning as in section 196D of that Act.

Town and Country Planning Act 1990 (c. 8)

2

The Town and Country Planning Act 1990 is amended as follows.

3

In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—

(3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.

4

In section 171B (time limits for enforcement of breaches of planning control) after subsection (2) insert—

(2A) There is no restriction on when enforcement action may be taken in relation to a breach of planning control in respect of relevant demolition (within the meaning of section 196D).

5

In section 174 (appeal against enforcement notice) before subsection (3) insert—

(2C) Where any breach of planning control constituted by the matters stated in the notice relates to relevant demolition (within the meaning of section 196D), an appeal may also be brought on the grounds that— (a) the relevant demolition was urgently necessary in the interests of safety or health; (b) it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; and (c) the relevant demolition was the minimum measure necessary.

6

After section 196C insert—

(196D) (1) It is an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission. (2) It is also an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted. (3) In this section “relevant demolition” means the demolition of a building that— (a) is situated in a conservation area in England; and (b) is not a building to which section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply by virtue of section 75 of that Act (listed buildings, certain ecclesiastical buildings, scheduled monuments and buildings described in a direction of the Secretary of State under that section). (4) It is a defence for a person accused of an offence under this section to prove the following matters— (a) that the relevant demolition was urgently necessary in the interests of safety or health; (b) that it was not practicable to secure safety or health by works of repair or works for affording temporary support or shelter; (c) that the relevant demolition was the minimum measure necessary; and (d) that notice in writing of the relevant demolition was given to the local planning authority as soon as reasonably practicable. (5) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine or both; (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both. (6) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003, subsection (5)(a) has effect as if the reference to 12 months were to 6 months. (7) In relation to an offence committed before the coming into force of section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, subsection (5)(a) has effect as if the reference to a fine were a reference to a fine not exceeding £20,000. (8) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence. (9) Where, after a person commits an offence under this section, planning permission is granted for any development carried out before the grant of the permission, that grant does not affect the person's liability for the offence.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

7

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

8

• (1) Section 1 (listing of buildings of special architectural or historic interest) is amended as follows.

• (2) In subsection (5) after “shall” insert “ , subject to subsection (5A)(a), ”.

• (3) After subsection (5) insert—

(5A) In a list compiled or approved under this section, an entry for a building situated in England may provide— (a) that an object or structure mentioned in subsection (5)(a) or (b) is not to be treated as part of the building for the purposes of this Act; (b) that any part or feature of the building is not of special architectural or historic interest.

9

• (1) Section 6 (issue of certificate that building not intended to be listed) is amended as follows.

• (2) Before subsection (1) insert—

(A1) The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building situated in England.

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

• (4) In subsection (2) for “such a certificate” substitute “ a certificate under subsection (A1) or (1) ”.

• (5) In subsection (3) after “subsection” insert “ (A1) or ”.

10

In section 32(1)(a) (purchase notice on refusal or conditional grant of consent)—

• (a) for “listed building consent in respect of a building” substitute “ on an application for listed building consent in respect of a building, consent ”;

• (b) before “is revoked” insert “ such consent granted on an application ”.

11

In section 62(2) (validity of certain orders and decisions), after paragraph (a) insert—

(aa) any decision to approve or reject a local listed building consent order or part of such an order; (ab) any decision on an appeal under section 26K;

.

12

• (1) Section 74 (control of demolition in conservation areas) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After subsection (2) insert—

(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings in conservation areas in England as they have effect in relation to listed buildings, subject to such exceptions and modifications as may be prescribed by regulations.

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

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

13

In section 75 (cases in which section 74 does not apply) in subsection (11)—

• (a) for “that section”, in both places those words appear, substitute “ section 74 ”, and

• (b) after “43” insert “ or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England) ”.

14

In section 82(3) (application of Act to land and works of local planning authorities) for “to 29” substitute “ to 26, 28, 29 ”.

15

In section 82A(2) (application to the Crown), after paragraph (c) insert—

(ca) section 26J;

.

16

In section 88(2)(c) (rights of entry) after “11” insert “ , 26J ”.

17

In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert “ , 2A ”.

18

• (1) Section 93 (regulations and orders) is amended as follows.

• (2) In subsection (4) after “8(5),” insert “ 26C, ”.

• (3) In subsection (5A) after “section” insert “ 26C or ”.

19

• (1) Schedule 3 (determination of certain appeals by person appointed by Secretary of State) is amended as follows.

• (2) In paragraph 1(1), 2(8)(a) and 3(3) after “20” insert “ , 26K ”.

• (3) In paragraph 2(1) after paragraph (a) (before “and” at the end) insert—

(aa) in relation to an appeal under section 26K, as the Secretary of State has under section 26K(4) to (6);

.

Application

20

Paragraph 8 applies in relation to entries for buildings that are listed, or entries that are amended, on or after the date on which that paragraph comes into force.

SCHEDULE 18

SCHEDULE 19

1

The Insolvency Act 1986 is amended in accordance with this Schedule.

2

In section 253 (application for interim order), omit subsection (5).

3

In section 255 (cases in which interim order can be made), in subsection (1)(b) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.

4

• (1) Section 256A (debtor's proposal and nominee's report) is amended as follows.

• (2) In subsection (1) omit the words from “unless” to the end.

• (3) In subsection (3) for “petition for his own bankruptcy” substitute “ make a bankruptcy application ”.

5

For the heading to Chapter 1 of Part 9 substitute “ The court: bankruptcy petitions and bankruptcy orders ”.

6

In section 264 (who may present a bankruptcy petition), in subsection (1) omit paragraph (b).

7

For section 265 (conditions to be satisfied in respect of debtor) substitute—

(265) (1) A bankruptcy petition may be presented to the court under section 264(1)(a) only if— (a) the centre of the debtor's main interests is in England and Wales, or (b) the centre of the debtor's main interests is not in a member state of the European Union which has adopted the EC Regulation, but the test in subsection (2) is met. (2) The test is that— (a) the debtor is domiciled in England and Wales, or (b) at any time in the period of three years ending with the day on which the petition is presented, the debtor— (i) has been ordinarily resident, or has had a place of residence, in England and Wales, or (ii) has carried on business in England and Wales. (3) The reference in subsection (2) to the debtor carrying on business includes— (a) the carrying on of business by a firm or partnership of which the debtor is a member, and (b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership. (4) In this section, references to the centre of the debtor's main interests have the same meaning as in Article 3 of the EC Regulation.

8

In section 266 (bankruptcy petitions: other preliminary conditions), in subsection (4) omit “, (b)”.

9

• (1) Sections 272 to 274A (and the cross-heading immediately preceding those sections) (debtor's petition) are repealed.

• (2) In consequence of the repeal of section 274A by sub-paragraph (1), omit paragraph 3 of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (debt relief orders: consequential amendments).

10

For the cross-heading immediately before section 278 substitute— “ CHAPTER 1A Commencement and duration of bankruptcy ”.

11

In section 278 (commencement and continuance), in paragraph (b) (discharge of bankruptcy order) omit “the following provisions of”.

12

In section 279 (duration of bankruptcy), in subsection (6) for “adjudged” substitute “ made ”.

13

In section 282 (court's power to annul bankruptcy order), in subsection (2)—

• (a) omit “, (b)”,

• (b) after “section 264(1)” insert “ or on a bankruptcy application ”, and

• (c) in paragraph (a) after “pending” insert “ or the application was ongoing ”.

14

In section 283 (definition of bankrupt's estate), in subsection (5)(a) for “adjudged” substitute “ made ”.

15

• (1) Section 284 (restrictions on dispositions of property) is amended as follows.

• (2) In subsection (1) for “adjudged” substitute “ made ”.

• (3) In subsection (3) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.

• (4) In subsection (4), in paragraph (a) before “petition” insert “ bankruptcy application had been made or (as the case may be) that the bankruptcy ”.

16

• (1) Section 285 (restriction on proceedings and remedies) is amended as follows.

• (2) In subsection (1)—

• (a) after “when” insert “ proceedings on a bankruptcy application are ongoing or ”, and

• (b) for “adjudged” substitute “ made ”.

• (3) In subsection (2) after “proof that” insert “ a bankruptcy application has been made or ”.

17

• (1) Section 286 (power to appoint interim receiver) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (8), for “adjudged” substitute “ made ”.

18

In section 288 (statement of affairs), in subsection (1) for “debtor's petition” substitute “ bankruptcy application ”.

19

In section 290 (public examination of bankrupt), in subsection (4)(a) for “adjudged” substitute “ made ”.

20

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

21

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

22

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

23

In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “ prescribed person ”.

24

• (1) Section 299 (release of trustee) is amended as follows.

• (2) In subsection (1)(a) for “to the court” substitute “ under this paragraph to the prescribed person ”.

• (3) In subsection (3)(a) for “court” substitute “ prescribed person ”.

25

• (1) Section 320 (court order vesting disclaimed property) is amended as follows.

• (2) In subsection (2)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.

• (3) In subsection (3)(c) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.

26

In section 321 (orders under section 320 in respect of leaseholds), in subsection (1)(a) before “bankruptcy” insert “ bankruptcy application was made or (as the case may be) the ”.

27

In section 323 (mutual credit and set-off), in subsection (3) before “a bankruptcy” insert “ proceedings on a bankruptcy application relating to the bankrupt were ongoing or that ”.

28

In section 334 (stay of distribution in case of second bankruptcy), in subsection (2) before “presentation of the petition” insert “ making of the application or (as the case may be) the ”.

29

• (1) Section 336 (rights of occupation etc of bankrupt's spouse or civil partner) is amended as follows.

• (2) In subsection (1) for “presentation of the petition for the bankruptcy order” substitute “ making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.

• (3) In subsection (2) for “adjudged” substitute “ made ”.

30

In section 337 (rights of occupation of bankrupt), in subsection (1)—

• (a) in paragraph (a) for “adjudged” substitute “ made ”, and

• (b) in paragraph (b) before “bankruptcy petition” insert “ bankruptcy application was made or (as the case may be) the ”.

31

In section 339 (transactions at an undervalue), in subsection (1) for “adjudged” substitute “ made ”.

32

In section 340 (preferences), in subsection (1) for “adjudged” substitute “ made ”.

33

In section 341 (meaning of “relevant time” under sections 339 and 340), in subsection (1)(a) for “presentation of the bankruptcy petition on which the individual is adjudged” substitute “ making of the bankruptcy application as a result of which, or (as the case may be) the presentation of the bankruptcy petition on which, the individual is made ”.

34

• (1) Section 342 (orders under sections 339 and 340) is amended as follows.

• (2) In subsection (1) for “adjudged” substitute “ made ”.

• (3) In subsection (5)—

• (a) for paragraph (a) substitute—

(a) of the fact that the bankruptcy application as a result of which, or (as the case may be) the bankruptcy petition on which, the individual in question is made bankrupt has been made or presented; or

, and

• (b) in paragraph (b) for “adjudged” substitute “ made ”.

35

In section 342A (recovery of excessive pension contributions), in subsection (1) for “adjudged” substitute “ made ”.

36

In section 343 (extortionate credit transactions), in subsection (1) for “adjudged” substitute “ made ”.

37

• (1) Section 344 (avoidance of general assignment of book debts) is amended as follows.

• (2) In subsection (1) for “adjudged” substitute “ made ”.

• (3) In subsection (2) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.

38

In section 345 (contracts to which bankrupt is a party), in subsection (1) for “adjudged” substitute “ made ”.

39

• (1) Section 346 (enforcement procedures) is amended as follows.

• (2) In subsections (1) and (2) for “adjudged” substitute “ made ”.

• (3) In subsection (3)—

• (a) in paragraph (b) before “bankruptcy” insert “ bankruptcy application has been made or a ”, and

• (b) in paragraph (c) before “on that petition” insert “ as a result of that application or ”.

• (4) In subsection (4)(a) after “while” insert “ proceedings on a bankruptcy application are ongoing or (as the case may be) ”.

40

• (1) Section 347 (distress, etc) is amended as follows.

• (2) In subsection (2)—

• (a) after “individual to whom” insert “ a bankruptcy application or ”, and

• (b) before “on that petition” insert “ as a result of that application or ”.

• (3) In subsection (3) for “adjudged” substitute “ made ”.

41

In section 348 (apprenticeships, etc), in subsection (1)(a) for “petition on which the order was made” substitute “ application for the order was made or (as the case may be) the petition for the order ”.

42

In section 350 (application of Chapter 6 of Part 9: bankruptcy offences), in subsection (1) after “applies” insert

— (a) where an adjudicator has made a bankruptcy order as a result of a bankruptcy application, or (b)

.

43

• (1) Section 351 (definitions for the purposes of Chapter 6 of Part 9) is amended as follows.

• (2) In paragraph (b) before “presentation” insert “ making of the bankruptcy application or (as the case may be) the ”.

• (3) Omit paragraph (c), and the preceding “and”.

44

• (1) Section 354 (concealment of property) is amended as follows.

• (2) In subsection (1)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

• (3) In subsection (3)(a) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

45

• (1) Section 355 (concealment of books and papers; falsification) is amended as follows.

• (2) In subsection (2)(d) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

• (3) In subsection (3)(b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

46

In section 356 (false statements), in subsection (2)(c) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

47

In section 358 (absconding), in paragraph (b) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

48

• (1) Section 359 (fraudulent dealing with property obtained on credit) is amended as follows.

• (2) In subsection (1) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

• (3) In subsection (2) before “petition” insert “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy ”.

49

In section 360 (obtaining credit and engaging in business), in subsection (1)(b) for “adjudged” substitute “ made ”.

50

• (1) Section 364 (power of arrest) is amended as follows.

• (2) In subsection (1)(a) after “to whom a” insert “ bankruptcy application or a ”.

• (3) In subsection (2) before “presentation” insert “ making of the bankruptcy application or the ”.

51

In section 376 (time limits), after “anything” insert “ (including anything in relation to a bankruptcy application) ”.

52

• (1) Section 381 (definition of “bankrupt” and associated terminology) is amended as follows.

• (2) In subsection (1) for “adjudged” (in both places where it occurs) substitute “ made ”.

• (3) After subsection (1) insert—

(1A) Bankruptcy application” means an application to an adjudicator for a bankruptcy order.

• (4) In subsection (2) for “adjudging” substitute “ making ”.

53

In section 383 (definition of “creditor” etc.), in subsection (1)(b)—

• (a) after “to whom a” insert “ bankruptcy application or ”, and

• (b) after “that” insert “ application or ”.

54

In section 384 (definitions of “prescribed” and “the rules”), in subsection (1) omit “section 273;”.

55

In section 385 (miscellaneous definitions), in subsection (1)—

• (a) before the definition of “the court” insert—

“adjudicator” means a person appointed by the Secretary of State under section 398A;

,

• (b) in the definition of “the debtor”, in paragraph (b)—

• (i) before “bankruptcy petition” insert “ bankruptcy application or a ”, and

• (ii) after “to whom the” insert “ application or ”,

• (c) omit the definition of “debtor's petition”, and

• (d) before the definition of “dwelling house” insert—

determination period” has the meaning given in section 263K(4);

.

56

In section 387 (meaning of “the relevant date”), in subsection (6)(a) after “after” insert “ the making of the bankruptcy application or (as the case may be) ”.

57

In section 389A (authorisation of nominees and supervisors), in subsection (3)(a) for “adjudged” substitute “ made ”.

58

In section 390 (persons not qualified to act as insolvency practitioners), in subsection (4)(a) for “adjudged” substitute “ made ”.

59

• (1) Section 415 (fees orders) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (a) omit “and”, and

• (b) at the end of paragraph (b) insert

and (c) the performance by an adjudicator of functions under Part 9 of this Act,

.

• (3) After subsection (1) insert—

(1A) An order under subsection (1) may make different provision for different purposes, including by reference to the manner or form in which proceedings are commenced.

60

In section 421A (insolvent estates: joint tenancies), in subsection (9) in the definition of “value lost to the estate”, for “adjudged” substitute “ made ”.

61

In section 424 (who may apply for an order under section 423 in respect of transactions entered into at an undervalue), in subsection (1)(a) for “adjudged” substitute “ made ”.

62

In Schedule 4ZA (conditions for making a debt relief order), for paragraph 3 substitute—

(3) A bankruptcy application under Part 9— (a) has not been made before the determination date; or (b) has been so made, but proceedings on the application have been finally disposed of before that date.

63

• (1) In Schedule 4A (bankruptcy restrictions orders), paragraph 2 is amended as follows.

• (2) In sub-paragraph (2)—

• (a) in paragraph (a), for the words from “petition” to the end substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the date of the application for the bankruptcy restrictions order ”, and

• (b) in paragraph (j), for “presentation of the petition” substitute “ the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition ”.

• (3) In sub-paragraph (4) omit the definition of “before petition”.

64

In Schedule 6 (categories of preferential debts), in paragraph 14(1) for “adjudged” substitute “ made ”.

65

• (1) Schedule 9 (provisions capable of inclusion in individual insolvency rules) is amended as follows.

• (2) After paragraph 4 insert—

(4A) Provision for regulating the practice and procedure of adjudicators in the discharge of functions for the purposes of Part 9 of this Act. (4B) Provision about the form and content of a bankruptcy application (including an application for a review of an adjudicator's determination).

• (3) After paragraph 4B (as inserted by sub-paragraph (2)) insert—

(4C) Provision about the making and determining of appeals to the court against a determination by an adjudicator, including provision— (a) enabling the court to make a bankruptcy order on such an appeal, and (b) about where such appeals lie.

• (4) After paragraph 24 insert—