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Enterprise and Regulatory Reform Act 2013

Current text a fecha 2021-09-20

PART 1 — UK Green Investment Bank

Extension of meaning of “worker”

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Designation of the UK Green Investment Bank

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Equality Act 2010: obtaining information for proceedings

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Financial assistance

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Accounts, reports and payments to directors

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Documents to be laid before Parliament

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PART 2 — Employment

Conciliation

Conciliation before institution of proceedings

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(18A) (1) Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter. This is subject to subsection (7). (2) On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer. (3) The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings. (4) If— (a) during the prescribed period the conciliation officer concludes that a settlement is not possible, or (b) the prescribed period expires without a settlement having been reached, the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant. (5) The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period. (6) In subsections (3) to (5) “settlement” means a settlement that avoids proceedings being instituted. (7) A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases. The cases that may be prescribed include (in particular)— - cases where the requirement is complied with by another person instituting relevant proceedings relating to the same matter; - cases where proceedings that are not relevant proceedings are instituted by means of the same form as proceedings that are; - cases where section 18B applies because ACAS has been contacted by a person against whom relevant proceedings are being instituted. (8) A person who is subject to the requirement in subsection (1) may not present an application to institute relevant proceedings without a certificate under subsection (4). (9) Where a conciliation officer acts under this section in a case where the prospective claimant has ceased to be employed by the employer and the proposed proceedings are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular— (a) seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or (b) where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant. (10) In subsections (1) to (7) “prescribed” means prescribed in employment tribunal procedure regulations. (11) The Secretary of State may by employment tribunal procedure regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8). (12) Employment tribunal procedure regulations may (in particular) make provision— (a) authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4); (b) requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1); (c) for the extension of the period prescribed for the purposes of subsection (3); (d) treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a). (18B) (1) This section applies where— (a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings against that person, and (b) ACAS has not received information from the prospective claimant under section 18A(1). (2) This section also applies where— (a) a person contacts ACAS requesting the services of a conciliation officer in relation to a matter that (if not settled) is likely to give rise to relevant proceedings by that person, and (b) the requirement in section 18A(1) would apply to that person but for section 18A(7). (3) Where this section applies a conciliation officer shall endeavour to promote a settlement between the persons who would be parties to the proceedings. (4) If at any time— (a) the conciliation officer concludes that a settlement is not possible, or (b) a conciliation officer comes under the duty in section 18A(3) to promote a settlement between the persons who would be parties to the proceedings, the duty in subsection (3) ceases to apply at that time. (5) In subsections (3) and (4) “settlement” means a settlement that avoids proceedings being instituted. (6) Subsection (9) of section 18A applies for the purposes of this section as it applies for the purposes of that section.

Extension of limitation periods to allow for conciliation

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Schedule 2 (extension of limitation periods to allow for conciliation) has effect.

Extended power to define “relevant proceedings” for conciliation purposes

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(9) An order under subsection (8) that adds employment tribunal proceedings to the list in subsection (1) may amend an enactment so as to extend the time limit for instituting those proceedings in such a way as appears necessary or expedient in order to facilitate the conciliation process provided for by section 18A. (10) An order under subsection (8) that removes employment tribunal proceedings from the list in subsection (1) may— (a) repeal or revoke any provision of an enactment that, for the purpose mentioned in subsection (9), extends the time limit for instituting those proceedings; (b) make further amendments which are consequential on that repeal or revocation.

ACAS

ACAS: prohibition on disclosure of information

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In Part 6 of the Trade Union and Labour Relations (Consolidation) Act 1992 (ACAS etc), after section 251A insert—

(251B) (1) Information held by ACAS shall not be disclosed if the information— (a) relates to a worker, an employer of a worker or a trade union (a “relevant person”), and (b) is held by ACAS in connection with the provision of a service by ACAS or its officers. This is subject to subsection (2). (2) Subsection (1) does not prohibit the disclosure of information if— (a) the disclosure is made for the purpose of enabling or assisting ACAS to carry out any of its functions under this Act, (b) the disclosure is made for the purpose of enabling or assisting an officer of ACAS to carry out the functions of a conciliation officer under any enactment, (c) the disclosure is made for the purpose of enabling or assisting— (i) a person appointed by ACAS under section 210(2), or (ii) an arbitrator or arbiter appointed by ACAS under any enactment, to carry out functions specified in the appointment, (d) the disclosure is made for the purposes of a criminal investigation or criminal proceedings (whether or not within the United Kingdom), (e) the disclosure is made in order to comply with a court order, (f) the disclosure is made in a manner that ensures that no relevant person to whom the information relates can be identified, or (g) the disclosure is made with the consent of each relevant person to whom the information relates. (3) Subsection (2) does not authorise the making of a disclosure which contravenes the Data Protection Act 1998. (4) A person who discloses information in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) Proceedings in England and Wales for an offence under this section may be instituted only with the consent of the Director of Public Prosecutions. (6) For the purposes of this section information held by— (a) a person appointed by ACAS under section 210(2) in connection with functions specified in the appointment, or (b) an arbitrator or arbiter appointed by ACAS under any enactment in connection with functions specified in the appointment, is information that is held by ACAS in connection with the provision of a service by ACAS.

Procedure for deciding tribunal cases

Decisions by legal officers

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(6D) A person appointed as a legal officer in accordance with regulations under section 1(1) may determine proceedings in respect of which an employment tribunal has jurisdiction, or make a decision falling to be made in the course of such proceedings, if— (a) the proceedings are of a description specified in an order under this subsection made by the Secretary of State and the Lord Chancellor acting jointly, and (b) all the parties to the proceedings consent in writing; and any determination or decision made under this subsection shall be treated as made by an employment tribunal.

Composition of Employment Appeal Tribunal

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(2) Proceedings before the Appeal Tribunal are to be heard by a judge alone. This is subject to subsections (3) to (6) and to any provision made by virtue of section 30(2)(f) or (2A). (3) A judge may direct that proceedings are to be heard by a judge and either two or four appointed members. (4) A judge may, with the consent of the parties, direct that proceedings are to be heard by a judge and either one or three appointed members. (5) The Lord Chancellor may by order provide for proceedings of a description specified in the order to be heard by a judge and either two or four appointed members. (6) In proceedings heard by a judge and two or four appointed members, there shall be an equal number of— (a) employer-representative members, and (b) worker-representative members. (7) In this section— - “employer-representative members” means appointed members whose knowledge or experience of industrial relations is as representatives of employers; - “worker-representative members” means appointed members whose knowledge or experience of industrial relations is as representatives of workers.

Unfair dismissal

Dismissal for political opinions: no qualifying period of employment

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In section 108 of the Employment Rights Act 1996 (qualifying period of employment), after subsection (3) insert—

(4) Subsection (1) does not apply if the reason (or, if more than one, the principal reason) for the dismissal is, or relates to, the employee's political opinions or affiliation.

Confidentiality of negotiations before termination of employment

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After section 111 of the Employment Rights Act 1996 insert—

(111A) (1) Evidence of pre-termination negotiations is inadmissible in any proceedings on a complaint under section 111. This is subject to subsections (3) to (5). (2) In subsection (1) “pre-termination negotiations” means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. (3) Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed. (4) In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just. (5) Subsection (1) does not affect the admissibility, on any question as to costs or expenses, of evidence relating to an offer made on the basis that the right to refer to it on any such question is reserved.

Power by order to increase or decrease limit of compensatory award

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(4A) A reference in this section to a sum specified in section 124(1) of the Employment Rights Act 1996 does not include anything specified by virtue of section 15(2)(b)(ii) of the Enterprise and Regulatory Reform Act 2013 (specified number multiplied by a week's pay of the individual concerned). (4B) As regards a sum specified in section 124(1) of the Employment Rights Act 1996, the duty under subsection (2) to make an order with effect from 6 April in a particular year does not arise where an order varying such a sum with effect from a day within 12 months before that date has been made under section 15(1) of the Enterprise and Regulatory Reform Act 2013.

Financial penalties

Power of employment tribunal to impose financial penalty on employers etc

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(12A) (1) Where an employment tribunal determining a claim involving an employer and a worker— (a) concludes that the employer has breached any of the worker's rights to which the claim relates, and (b) is of the opinion that the breach has one or more aggravating features, the tribunal may order the employer to pay a penalty to the Secretary of State (whether or not it also makes a financial award against the employer on the claim). (2) The tribunal shall have regard to an employer's ability to pay— (a) in deciding whether to order the employer to pay a penalty under this section; (b) (subject to subsections (3) to (7)) in deciding the amount of a penalty. (3) The amount of a penalty under this section shall be— (a) at least £100; (b) no more than £5,000. This subsection does not apply where subsection (5) or (7) applies. (4) Subsection (5) applies where an employment tribunal— (a) makes a financial award against an employer on a claim, and (b) also orders the employer to pay a penalty under this section in respect of the claim. (5) In such a case, the amount of the penalty under this section shall be 50% of the amount of the award, except that— (a) if the amount of the financial award is less than £200, the amount of the penalty shall be £100; (b) if the amount of the financial award is more than £10,000, the amount of the penalty shall be £5,000. (6) Subsection (7) applies, instead of subsection (5), where an employment tribunal— (a) considers together two or more claims involving different workers but the same employer, and (b) orders the employer to pay a penalty under this section in respect of any of those claims. (7) In such a case— (a) the amount of the penalties in total shall be at least £100; (b) the amount of a penalty in respect of a particular claim shall be— (i) no more than £5,000, and (ii) where the tribunal makes a financial award against the employer on the claim, no more than 50% of the amount of the award. But where the tribunal makes a financial award on any of the claims and the amount awarded is less than £200 in total, the amount of the penalties in total shall be £100 (and paragraphs (a) and (b) shall not apply). (8) Two or more claims in respect of the same act and the same worker shall be treated as a single claim for the purposes of this section. (9) Subsection (5) or (7) does not require or permit an order under subsection (1) (or a failure to make such an order) to be reviewed where the tribunal subsequently awards compensation under— (a) section 140(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (failure to comply with tribunal's recommendation), (b) section 117 of the Employment Rights Act 1996 (failure to reinstate etc.), (c) section 124(7) of the Equality Act 2010 (failure to comply with tribunal's recommendation), or (d) any other provision empowering the tribunal to award compensation, or further compensation, for a failure to comply (or to comply fully) with an order or recommendation of the tribunal. (10) An employer's liability to pay a penalty under this section is discharged if 50% of the amount of the penalty is paid no later than 21 days after the day on which notice of the decision to impose the penalty is sent to the employer. (11) In this section— - “claim”— 1. means anything that is referred to in the relevant legislation as a claim, a complaint or a reference, other than a reference made by virtue of section 122(2) or 128(2) of the Equality Act 2010 (reference by court of question about a non-discrimination or equality rule etc), and 2. also includes an application, under regulations made under section 45 of the Employment Act 2002, for a declaration that a person is a permanent employee; - “employer” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also— 1. in relation to an individual seeking to be employed by a person as a worker, includes that person; 2. in relation to a right conferred by section 47A or 63A of the Employment Rights Act 1996 (right to time off for young person for study or training), includes the principal within the meaning of section 63A(3) of that Act; 3. in relation to a right conferred by the Agency Workers Regulations 2010 (S.I. 2010/93), includes the hirer within the meaning of those Regulations and (where the worker is not actually employed by the temporary work agency) the temporary work agency within that meaning; - “financial award” means an award of a sum of money, but does not including anything payable by virtue of section 13; - “worker” has the same meaning as in Part 4A of the Employment Rights Act 1996, and also includes an individual seeking to be employed by a person as a worker. (12) The Secretary of State may by order— (a) amend subsection (3), (5) or (7) by substituting a different amount; (b) amend subsection (5), (7) or (10) by substituting a different percentage; (c) amend this section so as to alter the meaning of “claim”. (13) The Secretary of State shall pay sums received under this section into the Consolidated Fund.

Protected disclosures

Disclosures not protected unless believed to be made in the public interest

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In section 43B of the Employment Rights Act 1996 (disclosures qualifying for protection), in subsection (1), after “in the reasonable belief of the worker making the disclosure,” insert “ is made in the public interest and ”.

Power to reduce compensation where disclosure not made in good faith

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(6A) Where— (a) the complaint is made under section 48(1A), and (b) it appears to the tribunal that the protected disclosure was not made in good faith, the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the worker by no more than 25%.

(6A) Where— (a) the reason (or principal reason) for the dismissal is that the complainant made a protected disclosure, and (b) it appears to the tribunal that the disclosure was not made in good faith, the tribunal may, if it considers it just and equitable in all the circumstances to do so, reduce any award it makes to the complainant by no more than 25%.

Worker subjected to detriment by co-worker or agent of employer

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(1A) A worker (“W”) has the right not to be subjected to any detriment by any act, or any deliberate failure to act, done— (a) by another worker of W's employer in the course of that other worker's employment, or (b) by an agent of W's employer with the employer's authority, on the ground that W has made a protected disclosure. (1B) Where a worker is subjected to detriment by anything done as mentioned in subsection (1A), that thing is treated as also done by the worker's employer. (1C) For the purposes of subsection (1B), it is immaterial whether the thing is done with the knowledge or approval of the worker's employer. (1D) In proceedings against W's employer in respect of anything alleged to have been done as mentioned in subsection (1A)(a), it is a defence for the employer to show that the employer took all reasonable steps to prevent the other worker— (a) from doing that thing, or (b) from doing anything of that description. (1E) A worker or agent of W's employer is not liable by reason of subsection (1A) for doing something that subjects W to detriment if— (a) the worker or agent does that thing in reliance on a statement by the employer that doing it does not contravene this Act, and (b) it is reasonable for the worker or agent to rely on the statement. But this does not prevent the employer from being liable by reason of subsection (1B).

includes— (a) where

;

(b) in the case of proceedings against a worker or agent under section 47B(1A), the worker or agent.

Extension of meaning of “worker”

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(4) The Secretary of State may by order make amendments to this section as to what individuals count as “workers” for the purposes of this Part (despite not being within the definition in section 230(3)). (5) An order under subsection (4) may not make an amendment that has the effect of removing a category of individual unless the Secretary of State is satisfied that there are no longer any individuals in that category.

Miscellaneous

Tribunal procedure: miscellaneous

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as a condition of— (i) continuing to participate in those proceedings, or (ii) pursuing any specified allegations or arguments

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(4) Subsection (3) does not require the regulations to include provision to prevent an employment tribunal from making— (a) an order of the kind mentioned in subsection (1), and (b) an award of the kind mentioned in section 13(1)(a) that is limited to witnesses' expenses.

“representative” shall be construed in accordance with section 6(1) (in Part 1) or section 29(1) (in Part 2),

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Indexation of amounts: timing and rounding

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Renaming of “compromise agreements”, “compromise contracts” and “compromises”

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(8A) In the application of this section in relation to Northern Ireland, subsections (3) and (4) above shall have effect as if for “settlement agreements” (in each place) there were substituted “compromise agreements.

General

Transitional provision

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“Effective date of termination” here has the meaning given by section 97(1) of the Employment Rights Act 1996.

“Qualifying disclosure” here has the meaning given by section 43B of the Employment Rights Act 1996.

PART 3 — The Competition and Markets Authority

The Competition and Markets Authority

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Abolition of the Competition Commission and the OFT

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Transfer schemes

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Transitional provision: consultation

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PART 4 — Competition Reform

CHAPTER 1 — Mergers

Investigation powers

Investigation powers: mergers

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(A1) For the purposes of this section, the permitted purposes are the following— (a) assisting the CMA in carrying out any functions, including enforcement functions, exercisable by it under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 22 or 33; (b) assisting the CMA or the Secretary of State in carrying out any functions, including enforcement functions, of the CMA or (as the case may be) the Secretary of State under or by virtue of this Part in connection with a matter that is or has been the subject of a reference or possible reference under section 45 or 62.

— (a) specify the permitted purpose for which the notice is given, including the function or functions in question; and (b)

.

(8A) In subsection (A1), “enforcement functions” means— (a) in relation to the CMA— (i) functions conferred by virtue of section 87 on the CMA by enforcement orders; (ii) functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (iii) functions of the CMA under or by virtue of section 75, 76, 83 or 92 in relation to enforcement undertakings or enforcement orders; (b) in relation to the Secretary of State— (i) functions conferred by virtue of section 87 on the Secretary of State by enforcement orders; (ii) functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (iii) functions of the Secretary of State under or by virtue of paragraph 5, 6 or 10 of Schedule 7 in relation to enforcement undertakings or enforcement orders.

(110A) (1) No penalty shall be imposed by virtue of section 110(1) or (3) if more than 4 weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part. (2) In the following provisions of this section, “the section 109 power” means the power under section 109 to which the failure or (as the case may be) the obstruction or delay in question relates. (3) Where the section 109 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked. (4) Except where subsection (3) applies, the relevant day is the day determined in accordance with the following provisions of this section. (5) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a possible reference under section 22 or 33, the relevant day is the day when the CMA finally decides whether to make the reference. (6) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a reference under section 22 or 33, the relevant day is the day when the reference is finally determined (see section 79). (7) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a possible reference under section 45 or 62, the relevant day is the day when the Secretary of State finally decides whether to make the reference. (8) Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(b) in connection with a matter that is the subject of a reference under section 45 or 62, the relevant day is the day when the reference is finally determined. (110B) (1) For the purpose of section 110A(5), the CMA finally decides whether to make a reference under section 22 or 33 if— (a) the CMA decides that the duty to make such a reference applies; (b) the CMA accepts an undertaking under section 73; (c) the CMA decides not to make such a reference (otherwise than because it has accepted an undertaking under section 73); (d) the initial period for the purposes of section 34ZA expires without the CMA having complied with the duty under subsection (1) of that section; (e) the preliminary assessment period for the purposes of section 34A expires without the CMA having complied with the duty under subsection (2) of that section; (f) the period permitted by section 73A for the CMA to make a decision required by subsection (2)(a) or (3) of that section expires without the CMA having made the decision. (2) For the purpose of section 110A(5), the time when the CMA finally decides whether to make a reference under section 22 or 33 is— (a) in a case falling within subsection (1)(a), the making of the decision that the duty to make such a reference applies; (b) in a case falling within subsection (1)(b), the acceptance of the undertaking; (c) in a case falling within subsection (1)(c), the making of the decision not to make the reference; (d) in a case falling within subsection (1)(d), the expiry of the initial period; (e) in a case falling within subsection (1)(e), the expiry of the preliminary assessment period; (f) in a case falling within subsection (1)(f), the expiry of the period in question. (3) For the purpose of section 110A(7), the Secretary of State finally decides whether to make a reference under section 45 or 62 if— (a) the Secretary of State makes such a reference; (b) the Secretary of State accepts an undertaking under paragraph 3 of Schedule 7; (c) the Secretary of State decides not to make such a reference (otherwise than because of the acceptance of an undertaking under paragraph 3 of Schedule 7); (d) the preliminary assessment period for the purposes of section 46A expires without the CMA having complied with the duty under subsection (2) of that section. (4) For the purpose of section 110A(7), the time when the Secretary of State finally decides whether to make a reference under section 45 or 62 is— (a) in a case falling within subsection (3)(a), the making of the reference; (b) in a case falling within subsection (3)(b), the acceptance of the undertaking; (c) in a case falling within subsection (3)(c), the making of the decision not to make the reference; (d) in a case falling within subsection (3)(d), the expiry of the preliminary assessment period. (5) Paragraph 7(8) to (10) of Schedule 7 applies for deciding if and when a reference under section 45(2) or (3) or 62(2) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of paragraph 7 of Schedule 7. (6) Paragraph 8(7) to (9) of Schedule 7 applies for deciding if and when a reference under section 45(4) or (5) or 62(3) is finally determined for the purpose of section 110A(8) as it applies for deciding those questions for the purpose of the definition of “relevant period” in paragraph 8(6) of that Schedule.

Interim measures

Interim measures: pre-emptive action: mergers

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(1) Subsection (2) applies where— (a) the CMA is considering whether to make a reference under section 22 or 33; and (b) the CMA has reasonable grounds for suspecting that it is or may be the case that two or more enterprises have ceased to be distinct or that arrangements are in progress or in contemplation which, if carried into effect, will result in two or more enterprises ceasing to be distinct.

(3A) Subsection (3B) applies where— (a) subsection (1)(a) and (b) applies; and (b) the CMA also has reasonable grounds for suspecting that pre-emptive action has or may have been taken. (3B) The CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in subsection (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(3C) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this section.

(8) In this section “pre-emptive action” means action which might prejudice the reference concerned or impede the taking of any action under this Part which may be justified by the CMA's decisions on the reference.

Interim measures: financial penalties: mergers

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(94A) (1) Where the appropriate authority considers that a person has, without reasonable excuse, failed to comply with an interim measure, it may impose a penalty of such fixed amount as it considers appropriate. (2) A penalty imposed under subsection (1) shall not exceed 5% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person on whom it is imposed. (3) For the purposes of subsection (2), the Secretary of State may by order make provision for determining— (a) when an enterprise is to be treated as controlled by a person; and (b) the turnover (both in and outside the United Kingdom) of an enterprise. (4) An order under subsection (3)(b) may, in particular, make provision as to— (a) the amounts which are, or which are not, to be treated as comprising an enterprise's turnover; (b) the date or dates by reference to which an enterprise's turnover is to be determined. (5) An order under subsection (3) may, in particular, make provision enabling the appropriate authority to determine matters of a description specified in the order (including any of the matters mentioned in paragraphs (a) and (b) of subsection (4)). (6) The Secretary of State may by order amend subsection (2) so as to alter the percentage for the time being mentioned there to any percentage not exceeding 5%. (7) Sections 112 to 115 apply in relation to a penalty imposed under subsection (1) as they apply in relation to a penalty of a fixed amount imposed under section 110(1), with the modification that any reference in those provisions to the CMA is to be read as a reference to the person who imposed the penalty under this section. (8) In this section— - “interim measure” means— 1. an undertaking under section 80; or 2. an order under section 72 or 81 or paragraph 2 of Schedule 7; - “appropriate authority” means— 1. in relation to an interim measure which is an order made by the Secretary of State under paragraph 2 of Schedule 7, the Secretary of State; 2. in relation to any other interim measure, the CMA. (94B) (1) The CMA shall prepare and publish a statement of policy in relation to the use of its powers under— (a) section 94, insofar as they relate to interim measures; and (b) section 94A. (2) The CMA shall, in particular, include a statement about the considerations relevant to the determination of the amount of any penalty imposed under section 94A. (3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement. (4) The CMA shall consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy. (5) A statement or revised statement of policy may not be published under this section unless the Secretary of State approves the statement. (6) In this section, “interim measure” has the same meaning as in section 94A.

Time-limits

Time-limits etc: mergers

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CHAPTER 2 — Markets

Cross-market investigations

Power of CMA to make cross-market references

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(2A) In a case where the feature or each of the features concerned falls within subsection (2)(b) or (c), a reference under subsection (1) may be made in relation to more than one market in the United Kingdom for goods or services.

“cross-market reference” means a reference under this section which falls within subsection (2A) or a reference under section 132 which falls within subsection (3A) of that section (and see section 140A);

, and

“ordinary reference” means a reference under this section or section 132 which is not a cross-market reference (and see section 140A);

.

Ministerial power to make cross-market references

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(3A) In a case where the feature or each of the features concerned falls within section 131(2)(b) or (c), a reference under subsection (3) may be made in relation to more than one market in the United Kingdom for goods or services.

Public interest interventions

Public interest interventions in markets investigations

35

(A1) This section applies where— (a) the CMA has published a market study notice in relation to a matter; or (b) the CMA has begun the process of consultation under section 169 in respect of a decision of the kind mentioned in subsection (6)(a)(i) of that section. (1) The Secretary of State may, within the permitted period, give a notice to the CMA if the Secretary of State believes that it is or may be the case that one or more than one public interest consideration is relevant to the matter. (1A) For the purposes of subsection (1), the permitted period, in a case to which this section applies by virtue of paragraph (a) of subsection (A1), is the period beginning with the publication of the market study notice and ending with— (a) the acceptance by the CMA of an undertaking under section 154 instead of the making of a reference under section 131 in relation to the matter; (b) the publication of notice of the fact that the CMA has otherwise decided not to make such a reference in relation to the matter; (c) the making of such a reference in relation to the matter; or (d) in a case where the period permitted by section 131B for the preparation and publication by the CMA of the market study report in relation to the matter has expired and no such report has been prepared or published, the end of that period. (1B) For the purposes of subsection (1), the permitted period, in a case to which this section applies by virtue of paragraph (b) of subsection (A1), is the period beginning with the date on which the CMA begins the process of consultation concerned and ending with— (a) the acceptance by the CMA of an undertaking under section 154 instead of the making of a reference under section 131 in relation to the matter concerned; (b) the publication of notice of the fact that the CMA has otherwise decided not to make such a reference in relation to the matter; or (c) the making of such a reference in relation to the matter.

(2A) For the purposes of subsection (2), the permitted period is— (a) where the CMA publishes a notice under section 155(1), the period within which representations may be made in relation to the proposed undertaking (as to which, see section 155(2)(f)); (b) where the CMA publishes a notice under section 155(4), the period within which representations may be made in relation to the proposed modifications to the proposed undertaking (as to which, see section 155(5)(c)).

(4) No more than one intervention notice shall be given under subsection (1) in relation to the same matter. (4A) An intervention notice shall not be given under subsection (2) in relation to a proposal to accept an undertaking if the proposal relates to a matter in respect of which an intervention notice under subsection (1) has already been given. (4B) No more than one intervention notice shall be given under subsection (2) in relation to the same proposed undertaking or in relation to proposed undertakings which do not differ from each other in any material respect.

(4C) In this section, a reference to the acceptance of an undertaking shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of this section.

(140A) (1) This section applies where— (a) the CMA has prepared a market study report in relation to a matter within the period permitted by section 131B(4); (b) an intervention notice under section 139(1) is in force in relation to the matter at the time when the CMA would (but for this section) be required to publish the report; and (c) the report contains the decision of the CMA that it should make an ordinary reference or a cross-market reference in relation to the matter under section 131. (2) This section also applies where— (a) the CMA has conducted a consultation under section 169 in respect of a decision of the kind mentioned in subsection (6)(a)(i) of that section; (b) the CMA has decided that it should make an ordinary reference or a cross-market reference in relation to the matter concerned under section 131; and (c) an intervention notice under section 139(1) is in force in relation to the matter at the time when the CMA makes that decision. (3) The CMA— (a) shall not exercise the power under section 131 to refer the matter; (b) in a case falling within subsection (1), shall not publish the market study report under section 131B(4) and shall instead, within the period mentioned in section 131B(4), give the report to the Secretary of State; and (c) in a case falling within subsection (2), shall give to the Secretary of State a document containing— (i) its decision and the reasons for its decision; and (ii) such information as the CMA considers appropriate for facilitating a proper understanding of the reasons for its decision. (4) The Secretary of State shall decide whether any public interest consideration which was mentioned in the intervention notice is relevant to the matter in question. (5) Where the Secretary of State decides that there is no relevant public interest consideration— (a) the Secretary of State shall (in accordance with the CMA's decision) make a reference in relation to the matter to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013; and (b) the reference is to be treated for the purposes of this Part as an ordinary reference or (as the case may be) a cross-market reference made under section 131 in accordance with the requirements imposed by this Part. (6) Where the Secretary of State decides that there is one or more than one relevant public interest consideration, the Secretary of State shall (in accordance with the CMA's decision) make a reference in relation to the matter to the chair of the CMA for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013. (7) The Secretary of State shall specify in a reference made under subsection (6)— (a) the relevant public interest consideration or considerations; and (b) whether the reference is a restricted PI reference or a full PI reference (as to which, see sections 141 and 141A respectively). (8) Where the Secretary of State makes a full PI reference under subsection (6), the reference shall also specify whether the Secretary of State proposes to appoint a public interest expert under section 141B. (9) For the purposes of this Part, a reference under subsection (6) is to be treated— (a) in a case where the decision of the CMA was that it should make an ordinary reference, as an ordinary reference; (b) in a case where the decision of the CMA was that it should make a cross-market reference, as a cross-market reference. (10) In a case falling within subsection (1), the Secretary of State shall publish the market study report concerned at the same time as the Secretary of State makes a reference under this section. (11) In a case falling within subsection (2), the Secretary of State shall publish the document given to the Secretary of State by the CMA under subsection (3)(c), at the same time as the Secretary of State makes a reference under this section. (12) In this Part— - “full PI reference” means a reference made by the Secretary of State under subsection (6) which specifies that it is a full PI reference; - “restricted PI reference” means a reference made by the Secretary of State under subsection (6) which specifies that it is a restricted PI reference.

(141A) (1) This section applies where the Secretary of State makes a full PI reference. (2) The CMA shall, on an ordinary reference, decide whether any feature, or combination of features, of each relevant market (within the meaning given by section 134(3)) prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom. (3) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom. (4) The CMA shall, if it has decided that there is an adverse effect on competition, decide whether, taking account only of any adverse effect on competition and the admissible public interest consideration or considerations concerned, any feature or combination of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest. (5) The CMA shall, if it has decided that any such feature or combination of features operates or may be expected to operate against the public interest, also decide separately the following additional questions— (a) whether action should be taken by the Secretary of State under section 147A for the purpose of remedying, mitigating or preventing any of the effects adverse to the public interest concerned; (b) whether the CMA should recommend the taking of other action by the Secretary of State, or action by persons other than itself and the Secretary of State, for the purpose of remedying, mitigating or preventing any of the effects adverse to the public interest concerned; and (c) in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented. (6) The CMA shall, if it has decided that there is an adverse effect on competition, also decide separately the following questions (on the assumption that it is proceeding as mentioned in section 148A(2))— (a) whether action should be taken by it under section 138 for the purpose of remedying, mitigating or preventing the adverse effect on competition concerned or any detrimental effect on customers so far as it has resulted from, or may be expected to result from, the adverse effect on competition; (b) whether the CMA should recommend the taking of action by other persons for the purpose of remedying, mitigating or preventing the adverse effect on competition concerned or any detrimental effect on customers so far as it has resulted from, or may be expected to result from, the adverse effect on competition; and (c) in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented. (7) In a case where the Secretary of State has appointed a public interest expert under section 141B in relation to a full PI reference, the CMA shall, in deciding the questions mentioned in subsections (4) and (5), have regard, in particular, to the views of the expert. (8) In deciding the questions mentioned in subsection (5), the CMA shall, in particular, have regard to— (a) the need to achieve as comprehensive a solution as is reasonable and practicable to the effects adverse to the public interest concerned; and (b) any detrimental effects on customers so far as resulting from those effects. (9) In deciding the questions mentioned in subsection (6), the CMA shall, in particular, have regard to— (a) the need to achieve as comprehensive a solution as is reasonable and practicable to the adverse effect on competition concerned; and (b) any detrimental effects on customers so far as resulting from it. (10) In deciding the questions mentioned in subsections (5) and (6), the CMA may, in particular, have regard to the effect of any action on any relevant customer benefits of the feature or features of the market or markets concerned. (11) In this section, “admissible public interest consideration” means any public interest consideration specified in the reference concerned and which the CMA is not under a duty to disregard. (141B) (1) This section applies where the Secretary of State makes a full PI reference. (2) The Secretary of State may appoint one or more than one person to advise the CMA on the questions mentioned in subsections (4) and (5) of section 141A in relation to the reference. (3) A person so appointed shall be a person who appears to the Secretary of State to have particular knowledge of, or expertise in, matters relating to a public interest consideration specified in the reference. (4) Each person so appointed is referred to in this Part as a “public interest expert”. (5) The terms and conditions of appointment of a public interest expert (including, in particular, as to remuneration) are to be determined by the Secretary of State. (6) Any appointment of a public interest expert under this section shall be made within the period of 2 months beginning with the date of the reference concerned. (7) Before appointing a public interest expert the Secretary of State shall consult the chair of the CMA.

Investigation powers

Investigation powers: markets

36

(1) For the purposes of this section, the permitted purposes are the following— (a) assisting the CMA in carrying out its functions under section 5 in relation to a matter in a case where it has published a market study notice; (b) assisting the CMA in carrying out any functions, including enforcement functions, exercisable by it under or by virtue of this Part in connection with a matter that is or has been the subject of a reference under section 131 or 132 or possible reference under section 131; (c) assisting the CMA or the Secretary of State in carrying out any functions, including enforcement functions, of the CMA or (as the case may be) the Secretary of State under or by virtue of this Part in connection with a matter that is or has been the subject of a reference under section 140A(6) or possible reference under section 140A(5) or (6). (2) The CMA may exercise any of the powers in subsections (3) to (5) for a permitted purpose.

— (a) specify the permitted purpose for which the notice is given, including the function or functions in question; and (b)

.

(6A) The CMA or any person nominated by it for the purpose may, for a permitted purpose, take evidence on oath and for that purpose may administer oaths.

(9A) In subsection (1), “enforcement functions” means— (a) in relation to the CMA— (i) functions conferred by virtue of section 164(2)(b) on the CMA by enforcement orders; (ii) functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (iii) functions of the CMA under or by virtue of section 160 or 162 in relation to enforcement undertakings or enforcement orders; (b) in relation to the Secretary of State— (i) functions conferred by virtue of section 164(2)(b) on the Secretary of State by enforcement orders; (ii) functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (iii) functions of the Secretary of State under or by virtue of section 160 in relation to enforcement undertakings or enforcement orders.

Interim measures

Interim measures: pre-emptive action: markets

37

(2A) Subsection (2B) applies where— (a) subsection (1)(a) to (c) applies; and (b) the relevant authority has reasonable grounds for suspecting that pre-emptive action has or may have been taken. (2B) The relevant authority may, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects, accept, from such persons as the relevant authority considers appropriate, undertakings to take such action as the relevant authority considers appropriate.

(2C) A person may, with the consent of the relevant authority, take action of a particular description where the action would otherwise constitute a contravention of an undertaking accepted under this section.

(2A) Subsection (2B) applies where— (a) subsection (1)(a) to (c) applies; and (b) the relevant authority has reasonable grounds for suspecting that pre-emptive action has or may have been taken. (2B) The relevant authority may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in subsection (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(2C) A person may, with the consent of the relevant authority, take action of a particular description where the action would otherwise constitute a contravention of an order under this section.

Time-limits and procedure

Market studies and market investigations: consultation and time-limits

38

Schedule 12 (which makes provision about consultation in relation to decisions whether to make a market investigation reference and about time-limits in relation to the conduct of market studies and the markets investigation reference regime under Part 4 of the 2002 Act) has effect.

CHAPTER 3 — Anti-trust

Investigation powers

Investigations: power to ask questions

39

(26A) (1) For the purposes of an investigation, the CMA may give notice to an individual who has a connection with a relevant undertaking requiring the individual to answer questions with respect to any matter relevant to the investigation— (a) at a place specified in the notice, and (b) either at a time so specified or on receipt of the notice. (2) The CMA must give a copy of the notice under subsection (1) to each relevant undertaking with which the individual has a current connection at the time the notice is given to the individual. (3) The CMA must take such steps as are reasonable in all the circumstances to comply with the requirement under subsection (2) before the time at which the individual is required to answer questions. (4) Where the CMA does not comply with the requirement under subsection (2) before the time mentioned in subsection (3), it must comply with that requirement as soon as practicable after that time. (5) A notice under subsection (1) must be in writing and must indicate— (a) the subject matter and purpose of the investigation, and (b) the nature of the offence created by section 44. (6) For the purposes of this section— (a) an individual has a connection with an undertaking if he or she is or was— (i) concerned in the management or control of the undertaking, or (ii) employed by, or otherwise working for, the undertaking, and (b) an individual has a current connection with an undertaking if, at the time in question, he or she is so concerned, is so employed or is so otherwise working. (7) In this section, a “relevant undertaking” means an undertaking whose activities are being investigated as part of the investigation in question.

(2) A statement by an individual in response to a requirement imposed by virtue of section 26A (a “section 26A statement”) may only be used in evidence against the individual— (a) on a prosecution for an offence under section 44, or (b) on a prosecution for some other offence in a case falling within subsection (3). (3) A prosecution falls within this subsection if, in the proceedings— (a) in giving evidence, the individual makes a statement inconsistent with the section 26A statement, and (b) evidence relating to the section 26A statement is adduced, or a question relating to it is asked, by or on behalf of the individual. (4) A section 26A statement may not be used in evidence against an undertaking with which the individual who gave the statement has a connection on a prosecution for an offence unless the prosecution is for an offence under section 44. (5) For the purposes of subsection (4), an individual has a connection with an undertaking if he or she is or was— (a) concerned in the management or control of the undertaking, or (b) employed by, or otherwise working for, the undertaking.

Civil enforcement of investigation powers

40

(40A) (1) Where the CMA considers that a person has, without reasonable excuse, failed to comply with a requirement imposed on the person under section 26, 26A, 27, 28 or 28A, it may impose a penalty of such amount as it considers appropriate. (2) The amount may be— (a) a fixed amount, (b) an amount calculated by reference to a daily rate, or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) A penalty imposed under subsection (1) must not— (a) in the case of a fixed amount, exceed such amount as the Secretary of State may by order specify; (b) in the case of an amount calculated by reference to a daily rate, exceed such amount per day as the Secretary of State may so specify; (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day as the Secretary of State may so specify. (4) The fixed amount specified for the purposes of subsection (3)(a) or (c) may not exceed £30,000. (5) The amount per day specified for the purposes of subsection (3)(b) or (c) may not exceed £15,000. (6) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service of the notice under section 112 of the Enterprise Act 2002 (as applied by subsection (9)) on the person concerned, and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (7). (7) The days are— (a) the day on which the requirement concerned is satisfied; (b) the day on which the CMA makes a decision (within the meaning given by section 31(2)) or terminates the investigation in question without making such a decision; (c) if the Secretary of State has made an order under section 31F(1)(b) imposing a time-limit on the making of such a decision, the latest day on which such a decision may be made as a result of the investigation in question. (8) Before making an order under subsection (3), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate. (9) Sections 112 to 115 of the Enterprise Act 2002 (supplementary provisions about penalties) apply in relation to a penalty imposed under subsection (1) as they apply in relation to a penalty imposed under section 110(1) of that Act. (40B) (1) The CMA must prepare and publish a statement of policy in relation to the use of its powers under section 40A. (2) The CMA must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 40A. (3) The CMA may revise its statement of policy and, where it does so, it must publish the revised statement. (4) The CMA must consult such persons as it considers appropriate when preparing or revising its statement of policy. (5) If the proposed statement of policy or revision relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator. (6) In deciding whether and, if so, how to proceed under section 40A, the CMA must have regard to the statement of policy which was most recently published under this section at the time when the failure concerned occurred.

Extension of powers to issue warrants to CAT

41

Schedule 13 (which amends the 1998 Act to extend the powers under that Act to issue warrants to the Competition Appeal Tribunal) has effect.

Part 1 of the 1998 Act: procedural matters

42

(25A) (1) Where the CMA decides to conduct an investigation it may publish a notice which may, in particular— (a) state its decision to do so; (b) indicate which of subsections (2) to (7) of section 25 the investigation falls under; (c) summarise the matter being investigated; (d) identify any undertaking whose activities are being investigated as part of the investigation; (e) identify the market which is or was affected by the matter being investigated. (2) Section 57 does not apply to a notice under subsection (1) to the extent that it includes information other than information mentioned in that subsection. (3) Subsection (4) applies if— (a) the CMA has published a notice under subsection (1) which identifies an undertaking whose activities are being investigated, and (b) the CMA subsequently decides (without making a decision within the meaning given by section 31(2)) to terminate the investigation of the activities of the undertaking so identified. (4) The CMA must publish a notice stating that the activities of the undertaking in question are no longer being investigated.

(1A) (1) Rules may provide for the exercise of a function of the CMA under this Part on its behalf— (a) by one or more members of the CMA Board (see Part 2 of Schedule 4 to the Enterprise and Regulatory Reform Act 2013); (b) by one or more members of the CMA panel (see Part 3 of that Schedule to that Act); (c) by one or more members of staff of the CMA; (d) jointly by one or more of the persons mentioned in paragraph (a), (b) or (c). (2) Sub-paragraph (1) does not apply in relation to any function prescribed in regulations made under section 7(1) of the Civil Aviation Act 1982 (power for Secretary of State to prescribe certain functions of the Civil Aviation Authority which must not be performed on its behalf by any other person).

(13A) (1) Rules may make provision as to the procedure to be followed by the CMA in holding oral hearings as part of an investigation. (2) Rules may, in particular, make provision as to the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to— (a) chair an oral hearing, and (b) prepare a report following the hearing and give it to the person who is to exercise on behalf of the CMA its function of making a decision (within the meaning given by section 31(2)) as a result of the investigation. (3) The persons are— (a) a member of the CMA Board; (b) a member of the CMA panel; (c) a member of staff of the CMA. (4) The report must— (a) contain an assessment of the fairness of the procedure followed in holding the oral hearing, and (b) identify any other concerns about the fairness of the procedure followed in the investigation which have been brought to the attention of the person preparing the report.

(13B) (1) Rules may make provision as to arrangements to be made by the CMA for dealing with complaints about the conduct by the CMA of an investigation. (2) Rules may, in particular, make provision as to— (a) the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to consider any such complaint; (b) the time-table for the consideration of any such complaint. (3) The persons are— (a) a member of the CMA Board; (b) a member of the CMA panel; (c) a member of staff of the CMA.

(13C) Rules may make provision as to the procedure to be followed in a case where, during an investigation, one or more persons notify the CMA that they accept that there has been an infringement of a kind to which the investigation relates.

Interim measures and other sanctions

Threshold for interim measures

43

In section 35 of the 1998 Act (interim measures), in subsection (2)(a), for “serious, irreparable damage” substitute “ significant damage ”.

Penalties: guidance etc.

44

(7A) In fixing a penalty under this section the CMA must have regard to— (a) the seriousness of the infringement concerned, and (b) the desirability of deterring both the undertaking on whom the penalty is imposed and others from— (i) entering into agreements which infringe the Chapter 1 prohibition or the prohibition in Article 81(1), or (ii) engaging in conduct which infringes the Chapter 2 prohibition or the prohibition in Article 82.

Miscellaneous

Power for Secretary of State to impose time-limits on investigations etc.

45

After section 31E of the 1998 Act insert—

(31F) (1) The Secretary of State may by order impose time-limits in relation to— (a) the conduct by the CMA of investigations or investigations of a description specified in the order; (b) the making by the CMA of decisions (within the meaning given by section 31(2)) as a result of investigations or investigations of such a description. (2) Before making an order under subsection (1), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.

Review of operation of Part 1 of 1998 Act

46

CHAPTER 4 — Cartels

Cartel offence

47

(8) This section is subject to section 188A.

(188A) (1) An individual does not commit an offence under section 188(1) if, under the arrangements— (a) in a case where the arrangements would (operating as the parties intend) affect the supply in the United Kingdom of a product or service, customers would be given relevant information about the arrangements before they enter into agreements for the supply to them of the product or service so affected, (b) in the case of bid-rigging arrangements, the person requesting bids would be given relevant information about them at or before the time when a bid is made, or (c) in any case, relevant information about the arrangements would be published, before the arrangements are implemented, in the manner specified at the time of the making of the agreement in an order made by the Secretary of State. (2) In subsection (1), “relevant information” means— (a) the names of the undertakings to which the arrangements relate, (b) a description of the nature of the arrangements which is sufficient to show why they are or might be arrangements of the kind to which section 188(1) applies, (c) the products or services to which they relate, and (d) such other information as may be specified in an order made by the Secretary of State. (3) An individual does not commit an offence under section 188(1) if the agreement is made in order to comply with a legal requirement. (4) In subsection (3), “legal requirement” has the same meaning as in paragraph 5 of Schedule 3 to the Competition Act 1998. (5) A power to make an order under this section— (a) is exercisable by statutory instrument, (b) may be exercised so as to make different provision for different cases or different purposes, and (c) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate. (6) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(188B) (1) In a case where the arrangements would (operating as the parties intend) affect the supply in the United Kingdom of a product or service, it is a defence for an individual charged with an offence under section 188(1) to show that, at the time of the making of the agreement, he or she did not intend that the nature of the arrangements would be concealed from customers at all times before they enter into agreements for the supply to them of the product or service. (2) It is a defence for an individual charged with an offence under section 188(1) to show that, at the time of the making of the agreement, he or she did not intend that the nature of the arrangements would be concealed from the CMA. (3) It is a defence for an individual charged with an offence under section 188(1) to show that, before the making of the agreement, he or she took reasonable steps to ensure that the nature of the arrangements would be disclosed to professional legal advisers for the purposes of obtaining advice about them before their making or (as the case may be) their implementation.

(190A) (1) The CMA must prepare and publish guidance on the principles to be applied in determining, in any case, whether proceedings for an offence under section 188(1) should be instituted. (2) The CMA may at any time issue revised or new guidance. (3) Guidance published by the CMA under this section is to be published in such manner as it considers appropriate. (4) In preparing guidance under this section the CMA must consult— (a) the Director of the Serious Fraud Office; (b) the Lord Advocate; and (c) such other persons as it considers appropriate.

Extension of power to issue warrants to CAT

48

(1A) In subsection (1), “appropriate body” means— (a) in England and Wales and Northern Ireland, the High Court or the Competition Appeal Tribunal; (b) in Scotland, the sheriff.

(4A) An application for a warrant under this section must be made— (a) in the case of an application to the High Court or the sheriff, in accordance with rules of court; (b) in the case of an application to the Competition Appeal Tribunal, in accordance with rules made under section 15.

(10A) (1) Tribunal rules may make provision as to proceedings on an application for a warrant under section 194 of this Act or section 28, 28A, 62, 62A, 63, 65G or 65H of the 1998 Act, including provision— (a) for the Tribunal dealing with the proceedings to consist only of the President or a member of the panel of chairmen; (b) as to the manner in which the proceedings are to be conducted, including provision— (i) for such applications to be determined without a hearing; (ii) in cases where there is a hearing, for it to be held in private if the Tribunal considers it appropriate because it is considering information of a kind mentioned in paragraph 1(2); (c) as to the persons entitled to be heard in such proceedings (where there is a hearing); (d) for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses; (e) as to the evidence which may be required or admitted and the extent to which it should be oral or written; (f) allowing the Tribunal to fix time-limits with respect to any aspect of the proceedings and to extend any time-limit (before or after its expiry). (2) Paragraphs 2 to 8, and 11 to 17, of this Schedule do not apply in relation to the institution or conduct of proceedings for a warrant mentioned in sub-paragraph (1).

CHAPTER 5 — Miscellaneous

Enforcement orders: markets and mergers

Enforcement orders: monitoring compliance and determination of disputes

49

In Schedule 8 to the 2002 Act (provision that may be contained in certain enforcement orders made under Part 3 or 4 of that Act), after paragraph 20B insert—

(20C) (1) An order may provide for the appointment of one or more than one person (referred to in this paragraph as an “appointee”) by the relevant authority or by such other persons as may be specified or described in the order to— (a) monitor compliance with such terms of the order as are so specified or described or terms of any directions given under the order; (b) determine any dispute between persons who are subject to the order about what is required by any such terms. (2) An order made by virtue of this paragraph must make provision as to the terms of an appointee's appointment. (3) A determination made by virtue of an order under this paragraph is binding on— (a) any person who is subject to the order; (b) the relevant authority; and (c) in the case where the relevant authority is the Secretary of State, the CMA.

Enforcement orders: provision of information

50

(d) information in relation to prices of the goods or services supplied; (e) such other information in relation to the goods or services supplied as the relevant authority considers appropriate.

(1A) An order may prohibit the publication or other notification of information falling within sub-paragraph (1)(a) to (e) by a person supplying goods or services.

Concurrency

Powers of sectoral regulators

51

— (a) prescribe circumstances in which the CMA may decide that, in a particular case, it is to exercise Part 1 functions in respect of the case rather than a regulator; (b)

, and

(6A) Where the regulations make provision as mentioned in subsection (6)(a), they must— (a) include provision requiring the CMA to consult the regulator concerned before making a decision that the CMA is to exercise Part 1 functions in respect of a particular case, and (b) provide that, in a case where a regulator has given notice under section 31(1) that it proposes to make a decision (within the meaning given by section 31(2)), the CMA may only decide that it is to exercise Part 1 functions in respect of the case rather than the regulator if the regulator consents.

(6B) The Secretary of State may by regulations make provision requiring arrangements to be made for the sharing of information between competent persons in connection with concurrent cases. (6C) For the purposes of subsection (6B), “a concurrent case” is a case in respect of which— (a) the CMA considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by both it and any regulator; (b) any regulator considers that Part 1 functions are, or (but for provision made under subsection (5)(e)) would be, exercisable by it.

Power to remove concurrent competition functions of sectoral regulators

52

Orders under section 52: procedural requirements

53

Miscellaneous

Recovery of CMA’s costs in respect of price control references

54

After section 193 of the Communications Act 2003 (reference of price control matters) insert—

(193A) (1) Where a determination is made on a price control matter referred by virtue of section 193, the CMA may make an order in respect of the costs incurred by it in connection with the reference (a “costs order”). (2) A costs order may require the payment to the CMA of some or all of those costs by such parties to the appeal which gave rise to the reference, other than OFCOM, as the CMA considers appropriate. (3) A costs order must— (a) set out the total costs incurred by the CMA in connection with the reference, and (b) specify the proportion of those costs to be paid by each party to the appeal in respect of whom the order is made. (4) In deciding on the proportion of costs to be paid by a party to the appeal the CMA must, in particular, consider— (a) the extent to which the determination on the reference upholds OFCOM's decision in relation to the price control matter in question, (b) the extent to which the costs were attributable to the involvement in the appeal of the party, and (c) the conduct of the party. (5) A costs order— (a) must be made as soon as reasonably practicable after the making of the determination on the reference, but (b) does not take effect unless the Tribunal, in deciding the appeal which gave rise to the reference, decides the price control matter which is the subject of the reference in accordance with the determination of the CMA (see section 193(6)). (6) In a case where the Tribunal decides the price control matter in question otherwise than as mentioned in subsection (5)(b), the CMA may make an order under this subsection in respect of the costs incurred by it in connection with the reference. (7) Subsections (2) to (4) apply in relation to an order under subsection (6) as they apply in relation to an order under subsection (1); but for that purpose the reference in subsection (4)(a) to the determination on the reference is to be read as a reference to the decision of the Tribunal mentioned in subsection (6). (8) An order under subsection (6) must be made as soon as reasonably practicable after the decision of the Tribunal mentioned in that subsection. (9) An amount payable to the CMA by virtue of an order made under this section is recoverable summarily as a civil debt (but this does not affect any other method of recovery). (10) The CMA must pay any sums it receives by virtue of this section into the Consolidated Fund. (11) The functions of the CMA under this section, other than those under subsections (9) and (10), are to be carried out on behalf of the CMA by the group constituted by the chair of the CMA in relation to the reference in question.

Disclosure etc. of information: offences

55

In section 241 of the 2002 Act (disclosure of information for the purpose of exercise of statutory functions), after subsection (2) insert—

(2A) Information disclosed under subsection (1) so that it is not made available to the public must not be used by the person to whom it is disclosed for any purpose other than that mentioned in subsection (1).

Review of certain provisions of Chapters 1 and 2

56

Minor and consequential amendments

57

Schedule 15 (which makes minor and consequential amendments related to this Part) has effect.

Interpretation

58

In this Part—

PART 5 — Reduction of legislative burdens

Sunset and review

Sunset and review provisions

59

(14A) (1) This section applies where an Act confers a power or a duty on a person to make subordinate legislation except to the extent that— (a) the power or duty is exercisable by the Scottish Ministers, or (b) the power or duty is exercisable by any other person within devolved competence (within the meaning of the Scotland Act 1998). (2) The subordinate legislation may include— (a) provision requiring the person to review the effectiveness of the legislation within a specified period or at the end of a specified period; (b) provision for the legislation to cease to have effect at the end of a specified day or a specified period; (c) if the power or duty is being exercised to amend other subordinate legislation, provision of the kind mentioned in paragraph (a) or (b) in relation to that other legislation. (3) The provision that may be made by virtue of subsection (2)(a) includes provision requiring the person to consider whether the objectives which it was the purpose of the legislation to achieve remain appropriate and, if so, whether they could be achieved in another way. (4) Subordinate legislation including provision of a kind mentioned in subsection (2) may make such provision generally or only in relation to specified provisions of the legislation or specified cases or circumstances. (5) Subordinate legislation including provision of a kind mentioned in subsection (2) may make transitional, consequential, incidental or supplementary provision or savings in connection with such provision. (6) In this section, “specified” means specified in the subordinate legislation.

Heritage planning etc

Listed buildings in England: agreements and orders granting listed building consent

60

(26A) (1) A relevant local planning authority may make an agreement under this section (a “heritage partnership agreement”) with any owner of a listed building, or a part of such a building, situated in England. (2) Any of the following may also be a party to a heritage partnership agreement in addition to an owner and the relevant local planning authority— (a) any other relevant local planning authority; (b) the Secretary of State; (c) the Commission; (d) any person who has an interest in the listed building; (e) any occupier of the listed building; (f) any person involved in the management of the listed building; (g) any other person who appears to the relevant local planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally. (3) A heritage partnership agreement may contain provision— (a) granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates, and (b) specifying any conditions to which the consent is subject. (4) The conditions to which listed building consent may be subject under subsection (3)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16. (5) If a heritage partnership agreement contains provision under subsection (3), nothing in sections 10 to 26 and 28 applies in relation to listed building consent for the specified works, subject to any regulations under section 26B(2)(f). (6) A heritage partnership agreement may also— (a) specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest; (b) make provision about the maintenance and preservation of the listed building; (c) make provision about the carrying out of specified work, or the doing of any specified thing, in relation to the listed building; (d) provide for public access to the listed building and the provision to the public of associated facilities, information or services; (e) restrict access to, or use of, the listed building; (f) prohibit the doing of any specified thing in relation to the listed building; (g) provide for a relevant public authority to make payments of specified amounts and on specified terms— (i) for, or towards, the costs of any works provided for under the agreement; or (ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement. (7) For the purposes of subsection (6)(g), each of the following, if a party to the agreement, is a relevant public authority— (a) the Secretary of State; (b) the Commission; (c) a relevant local planning authority. (8) In this section “specified” means specified or described in the heritage partnership agreement. (9) In this section and section 26B— - “owner”, in relation to a listed building or a part of such a building, means a person who is for the time being — 1. the estate owner in respect of the fee simple in the building or part; or 2. entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than seven years remain unexpired; - “relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated. (26B) (1) A heritage partnership agreement— (a) must be in writing; (b) must make provision for the parties to review its terms at intervals specified in the agreement; (c) must make provision for its termination and variation; (d) may relate to more than one listed building or part, provided that in each case a relevant local planning authority and an owner are parties to the agreement; and (e) may contain incidental and consequential provisions. (2) The Secretary of State may by regulations make provision— (a) about any consultation that must take place before heritage partnership agreements are made or varied; (b) about the publicity that must be given to heritage partnership agreements before or after they are made or varied; (c) specifying terms that must be included in heritage partnership agreements; (d) enabling the Secretary of State or any other person specified in the regulations to terminate by order a heritage partnership agreement or any provision of such an agreement; (e) about the provision that may be included in an order made under regulations under paragraph (d), including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision; (f) applying or reproducing, with or without modifications, any provision of sections 10 to 26 and 28 for the purposes of heritage partnership agreements; (g) providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (f), to apply with any modifications consequential on provision made under that paragraph— (i) sections 30 to 37; (ii) sections 62 and 63; (iii) Parts 3 and 4; (iv) Schedule 3. (3) Regulations made under subsection (2)(a) may, in particular, include provision as to— (a) the circumstances in which consultation must take place; (b) the types of listed building in respect of which consultation must take place; (c) who must carry out the consultation; (d) who must be consulted (including provision enabling the Commission to direct who is to be consulted in particular cases); and (e) how the consultation must be carried out. (4) Listed building consent granted by a heritage partnership agreement (except so far as the agreement or regulations under subsection (2) otherwise provide) enures for the benefit of the building and of all persons for the time being interested in it. (5) Subject to subsection (4), a heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not party to the agreement. (6) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenant) does not apply to a heritage partnership agreement.

(26C) (1) The Secretary of State may by order (a “listed building consent order”) grant listed building consent under section 8(1) in respect of works of any description for the alteration or extension of listed buildings of any description in England. (2) The consent may be granted subject to conditions specified in the order. (3) Without prejudice to the generality of subsection (2), the conditions that may be specified include any conditions subject to which listed building consent may be granted under section 16. (4) A listed building consent order may (without prejudice to section 17(2)) give the local planning authority power to require details of works to be approved by them, and may grant consent subject to conditions with respect to— (a) the making of an application to the authority for a determination as to whether such approval is required, and (b) the outcome of such an application or the way it is dealt with. (5) A listed building consent order may enable the Secretary of State or the local planning authority to direct that consent granted by the order does not apply— (a) to a listed building specified in the direction; (b) to listed buildings of a description specified in the direction; (c) to listed buildings in an area specified in the direction. (6) An order may in particular make provision about the making, coming into force, variation and revocation of such a direction, including provision conferring powers on the Secretary of State in relation to directions by a local planning authority. (7) Nothing in sections 10 to 26 applies in relation to listed building consent granted by a listed building consent order; but that does not affect the application of sections 20, 21 and 22 in relation to an application for approval required by a condition to which consent is subject. (26D) (1) A local planning authority for any area in England may by order (a “local listed building consent order”) grant listed building consent under section 8(1) in respect of works of any description for the alteration or extension of listed buildings. (2) Regulations under this Act may provide that subsection (1) does not apply to listed buildings of any description or in any area. (3) The consent granted by a local listed building consent order may relate— (a) to all listed buildings in the area of the authority or any part of that area; (b) to listed buildings of any description in that area or any part of that area. (4) The consent may be granted subject to conditions specified in the order. (5) Without prejudice to the generality of subsection (4), the conditions that may be specified include any subject to which listed building consent may be granted under section 16. (6) A local listed building consent order may enable the local planning authority to direct that the consent granted by the order in respect of works of any description does not apply— (a) to a listed building specified in the direction; (b) to listed buildings of a description specified in the direction; (c) to listed buildings in an area specified in the direction. (7) An order may in particular make provision about the making, coming into force, variation and revocation of such a direction, including provision conferring powers on the Secretary of State. (8) Nothing in sections 10 to 26 applies in relation to listed building consent granted by a local listed building consent order; but that does not affect the application of sections 20, 21 and 22 in relation to an application for approval required by a condition to which consent is subject. (9) Schedule 2A makes provision in connection with local listed building consent orders. (26E) (1) At any time before a local listed building consent order is adopted by a local planning authority the Secretary of State may direct that the order (or any part of it) is not to be adopted without the Secretary of State's approval. (2) If the Secretary of State gives a direction under subsection (1)— (a) the authority must not take any step in connection with the adoption of the order until they have submitted the order or the part to the Secretary of State and the Secretary of State has decided whether to approve it; (b) the order has no effect unless it (or the part) has been approved by the Secretary of State. (3) In considering an order or part submitted under subsection (2)(a) the Secretary of State may take account of any matter the Secretary of State thinks relevant. (4) It is immaterial whether any such matter was taken account of by the local planning authority. (5) The Secretary of State— (a) may approve or reject an order or part of an order submitted under subsection (2)(a); (b) must give reasons for that decision. (6) The Secretary of State— (a) may at any time before a local listed building consent order is adopted by the local planning authority, direct them to modify it in accordance with the direction; (b) must give reasons for any such direction. (7) The local planning authority— (a) must comply with a direction under subsection (6); (b) must not adopt the order unless the Secretary of State gives notice of being satisfied that they have complied with the direction. (8) The Secretary of State— (a) may at any time by order revoke a local listed building consent order if of the opinion that it is expedient to do so; (b) must give reasons for doing so. (9) The Secretary of State— (a) must not make an order under subsection (8) without consulting the local planning authority; (b) if proposing to make such an order, must serve notice on the local planning authority. (10) A notice under subsection (9)(b) must specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (11) The Secretary of State must give the authority such an opportunity if they require it within the period specified in the notice. (26F) (1) In considering whether to make a listed building consent order or local listed building consent order the Secretary of State or local planning authority must have special regard to the desirability of preserving— (a) listed buildings of a description to which the order applies, (b) their setting, or (c) any features of special architectural or historic interest which they possess. (2) Before making a listed building consent order the Secretary of State must consult the Commission. (26G) (1) A listed building consent order or local listed building consent order may include provision permitting the completion of works if— (a) listed building consent is granted by the order in respect of the works, and (b) the listed building consent is withdrawn after the works are started but before they are completed. (2) Listed building consent granted by an order is withdrawn— (a) if the order is revoked; (b) if the order is varied or (in the case of a local listed building consent order) revised so that it ceases to grant listed building consent in respect of the works or materially changes any condition or limitation to which the grant of listed building consent is subject; (c) if a direction applying to the listed building is issued under powers conferred under section 26C(5) or 26D(6).

(28A) (1) Section 28 also has effect (subject to subsections (2) and (3)) where— (a) listed building consent granted by a listed building consent order or a local listed building consent order is withdrawn (whether by the revocation or amendment of the order or by the issue of a direction), and (b) on an application for listed building consent made within the prescribed period after the withdrawal, consent for works formerly authorised by the order is refused or is granted subject to conditions other than those imposed by the order. (2) Section 28 does not have effect by virtue of subsection (1) if— (a) the works authorised by the order were started before the withdrawal, and (b) the order included provision in pursuance of section 26G permitting the works to be completed after the withdrawal. (3) Section 28 does not have effect by virtue of subsection (1) if— (a) notice of the withdrawal was published in the prescribed manner and within the prescribed period before the withdrawal, and (b) the works authorised by the order were not started before the notice was published. (4) Where section 28 has effect by virtue of subsection (1), references in section 28(2) and (3) to the revocation or modification of listed building consent are references to the withdrawal of the listed building consent by revocation or amendment of the order or by issue of the direction.

Listed buildings in England: certificates of lawfulness

61

In the Planning (Listed Buildings and Conservation Areas) Act 1990 after section 26G insert—

(26H) (1) A person who wishes to ascertain whether proposed works for the alteration or extension of a listed building in England would be lawful may make an application to the local planning authority specifying the building and describing the works. (2) For the purposes of this section works would be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest. (3) If on an application under this section the local planning authority are provided with information satisfying them that the works described in the application would be lawful at the time of the application, they must issue a certificate to that effect; and in any other case they must refuse the application. (4) A certificate under this section must— (a) specify the building to which it relates; (b) describe the works concerned; (c) give the reasons for determining that the works would be lawful; and (d) specify the date of issue of the certificate. (5) Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that— (a) they are carried out within 10 years beginning with the date of issue of the certificate, and (b) the certificate is not revoked under section 26I. (26I) (1) An application for a certificate under section 26H must be made in such manner as may be prescribed by regulations under this Act. (2) An application must include such particulars, and be verified by such evidence, as may be required— (a) by the regulations, (b) by any directions given under the regulations, or (c) by the local planning authority. (3) Regulations under this Act may make provision about how applications for a certificate under section 26H are to be dealt with by local planning authorities. (4) In particular, regulations may provide for requiring the authority— (a) to give to any applicant within a prescribed period such notice as may be prescribed as to the manner in which the application has been dealt with; and (b) to give to the Secretary of State, and to such other persons as may be prescribed, prescribed information with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with. (5) A certificate under section 26H may be issued-- (a) for the whole or part of the listed building specified in the application; and (b) for all or part of the works described in the application; and must be in such form as may be prescribed. (6) A local planning authority may revoke a certificate under section 26H if, on the application for the certificate— (a) a statement was made or document used which was false in a material particular; or (b) any material information was withheld. (7) Regulations under this section may make provision for regulating the manner in which certificates may be revoked and the notice to be given of such revocation. (26J) (1) A person is guilty of an offence if, for the purpose of procuring a particular decision on an application (whether or not by that person) for the issue of a certificate under section 26H, the person— (a) knowingly or recklessly makes a statement which is false or misleading in a material particular; (b) with intent to deceive, uses any document which is false or misleading in a material particular; or (c) with intent to deceive, withholds any material information. (2) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both. (3) Notwithstanding section 127 of the Magistrates' Courts Act 1980, a magistrates' court may try an information in respect of an offence under subsection (1) whenever laid. (26K) (1) Where an application is made to a local planning authority for a certificate under section 26H and— (a) the application is refused or is refused in part, or (b) the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed under section 26I or within such extended period as may at any time be agreed in writing between the applicant and the authority, the applicant may by notice appeal to the Secretary of State. (2) A notice of appeal under this section— (a) must be served within such time and in such manner as may be prescribed; (b) must be accompanied by such information as may be prescribed. (3) The time prescribed for the service of a notice of appeal under this section must not be less than— (a) 28 days from the date of notification of the decision on the application; or (b) in the case of an appeal under subsection (1)(b), 28 days from— (i) the end of the period prescribed as mentioned in subsection (1)(b), or (ii) as the case may be, the extended period mentioned in subsection (1)(b). (4) On an appeal under this section, the Secretary of State must grant the appellant a certificate under section 26H or, in the case of a refusal in part, modify the certificate granted by the authority on the application, if and so far as the Secretary of State is satisfied— (a) in the case of an appeal under subsection (1)(a), that the authority's refusal is not well-founded, or (b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded. (5) If and so far as the Secretary of State is satisfied that the authority's refusal is or, as the case may be, would have been well-founded, the Secretary of State must dismiss the appeal. (6) Where the Secretary of State grants a certificate under section 26H on an appeal under this section, the Secretary of State must give notice to the local planning authority of that fact. (7) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the works concerned. (8) Schedule 3 applies to an appeal under this section.

Osborne estate

62

Heritage planning regulation

63

Schedule 17 (heritage planning regulation) has effect.

Equality Acts

Commission for Equality and Human Rights

64

(b) section 8, in so far as it relates to disability, and

;

Equality Act 2010: third party harassment of employees

65

In section 40 of the Equality Act 2010 (employees and applicants: harassment) omit subsections (2) to (4).

Equality Act 2010: obtaining information for proceedings

66

Regulatory Enforcement and Sanctions Act 2008

Primary authorities

67

(A1) This Part applies in relation to a person if the Secretary of State is satisfied that the person is within subsection (1) or (1A).

A person is within this subsection if— (a) the person

.

(1A) A person (P) is within this subsection if each of the conditions in subsection (1B) is met. (1B) The conditions are— (a) that P carries on an activity in relation to which a local authority exercises a relevant function; (b) that the effect of arrangements made by P with any organisation or other person is that P's approach to compliance, in respect of the relevant function, is one that is shared with another person (Q) who carries on the activity; (c) that— (i) at least one of P and Q carries on the activity in the area of two or more local authorities, or (ii) Q carries on the activity in the area of a local authority in which P does not carry on the activity.

(2) In this Part, references to “the regulated person” are to a person to whom this Part applies. (3) The Secretary of State may from time to time publish guidance about matters likely to be taken into account for the purposes of subsection (1B)(b). (4) The guidance may be published in such manner as the Secretary of State considers appropriate.

(7) References in this Part to “the relevant function”, in relation to the regulated person, are to the relevant function by reference to which the Secretary of State is satisfied that the person is within section 22(1) or (1A).

Inspection plans

68

(3A) An inspection plan may require a local authority other than the primary authority, on exercising the function of inspection in relation to the regulated person, to provide the primary authority with a report on its exercise of the function.

(7A) A local authority other than the primary authority may not exercise the function of inspection in relation to the regulated person otherwise than in accordance with a plan that has been brought to its notice under subsection (6), unless— (a) it has notified the primary authority in writing of the way in which it proposes to exercise the function in relation to the regulated person, and (b) the primary authority has notified the local authority in writing that it consents to the authority's exercising the function in that way. (7B) Subsection (7C) applies if a primary authority that has been notified by a local authority as described in subsection (7A)(a) fails to notify that authority in writing, within the notification period, whether it consents to the authority's exercising the function of inspection as described in the notification. (7C) The primary authority is to be treated for the purposes of this section, following the expiry of the notification period, as having given the notification of consent described in subsection (7A)(b). (7D) The “notification period”, in subsections (7B) and (7C), is the period of five working days beginning with the first working day after the day on which the notification referred to in subsection (7A)(a) is received by the primary authority. (7E) Where an inspection plan includes a requirement of the type described in subsection (3A), a local authority exercising the function of inspection in relation to the regulated person must provide a report to the primary authority in accordance with the requirement.

(9A) A primary authority may, with the consent of the Secretary of State, revoke a plan made by it under this section. (9B) If a primary authority revokes a plan under subsection (9A), it must notify the other local authorities with the function of inspection that the plan is no longer in effect.

(11) In subsection (7D), “working day” means a day other than— (a) a Saturday or Sunday, (b) Christmas Day or Good Friday, or (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in— (i) the part of the United Kingdom where the primary authority is, or (ii) (if different) the part of the United Kingdom where the authority is that has given the notification referred to in subsection (7A)(a).

Miscellaneous

Civil liability for breach of health and safety duties

69

(2) Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide. (2A) Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions). (2B) Regulations under this section may include provision for— (a) a defence to be available in any action for breach of the duty mentioned in subsection (2) or (2A); (b) any term of an agreement which purports to exclude or restrict any liability for such a breach to be void.

(7) The power to make regulations under this section shall be exercisable by the Secretary of State.

Estate agency work

70

In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection (4) substitute—

(4) This Act does not apply to the following things when done by a person who does no other things which fall within subsection (1) above— (a) publishing advertisements or disseminating information; (b) providing a means by which— (i) a person who wishes to acquire or dispose of an interest in land can, in response to such an advertisement or dissemination of information, make direct contact with a person who wishes to dispose of or, as the case may be, acquire an interest in land; (ii) the persons mentioned in sub-paragraph (i) can continue to communicate directly with each other.

Bankruptcy applications: determination by adjudicators

71

(398A) (1) The Secretary of State may appoint persons to the office of adjudicator. (2) A person appointed under subsection (1)— (a) is to be paid out of money provided by Parliament such salary as the Secretary of State may direct, (b) holds office on such other terms and conditions as the Secretary of State may direct, and (c) may be removed from office by a direction of the Secretary of State. (3) A person who is authorised to act as an official receiver may not be appointed under subsection (1). (4) The Secretary of State may appoint officers of the Secretary of State's department to assist adjudicators in the carrying out of their functions.

Abolition of Agricultural Wages Board and related English bodies

72

Unnecessary regulation: miscellaneous

73

Schedule 21 (unnecessary regulation: miscellaneous) has effect.

PART 6 — Miscellaneous and general

Copyright and rights in performances

Exploitation of design derived from artistic work

74

Penalties under provision amending exceptions: copyright and rights in performances

75

Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act amending—

Power to reduce duration of copyright in transitional cases

76

(2) The Secretary of State may by regulations amend Schedule 1 to reduce the duration of copyright in existing works which are unpublished, other than photographs or films. (3) The regulations may provide for the copyright to expire— (a) with the end of the term of protection of copyright laid down by Directive 2006/116/EC or at any later time; (b) subject to that, on the commencement of the regulations or at any later time. (4) “Existing works” has the same meaning as in Schedule 1. (5) Regulations under subsection (2) may— (a) make different provision for different purposes; (b) make supplementary or transitional provision; (c) make consequential provision, including provision amending any enactment or subordinate legislation passed or made before that subsection comes into force. (6) The power to make regulations under subsection (2) is exercisable by statutory instrument. (7) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

Licensing of copyright and performers’ rights

77

(5) Schedule A1 confers powers to provide for the regulation of licensing bodies.

(116A) (1) The Secretary of State may by regulations provide for the grant of licences in respect of works that qualify as orphan works under the regulations. (2) The regulations may— (a) specify a person or a description of persons authorised to grant licences, or (b) provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences (3) The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations. (4) The regulations may provide for the granting of licences to do, or authorise the doing of, any act restricted by copyright that would otherwise require the consent of the missing owner. (5) The regulations must provide for any licence— (a) to have effect as if granted by the missing owner; (b) not to give exclusive rights; (c) not to be granted to a person authorised to grant licences. (6) The regulations may apply to a work although it is not known whether copyright subsists in it, and references to a missing owner and a right or interest of a missing owner are to be read as including references to a supposed owner and a supposed right or interest. (116B) (1) The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts. (2) An authorisation must specify— (a) the types of work to which it applies, and (b) the acts restricted by copyright that the licensing body is authorised to license. (3) The regulations must provide for the copyright owner to have a right to limit or exclude the grant of licences by virtue of the regulations. (4) The regulations must provide for any licence not to give exclusive rights. (5) In this section “copyright licences” has the same meaning as in section 116. (6) Nothing in this section applies in relation to Crown copyright or Parliamentary copyright. (116C) (1) This section and section 116D apply to regulations under sections 116A and 116B. (2) The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations. (3) The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences. (4) The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including— (a) the deduction of administrative costs; (b) the period for which sums must be held; (c) the treatment of sums after that period (as bona vacantia or otherwise). (5) The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn. (6) The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision— (a) for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a rights owner exercises the right referred to in section 116B(3), while a licence is in force; (b) about maintenance of registers and access to them; (c) permitting the use of a work for incidental purposes including an application or search; (d) for a right conferred by section 77 to be treated as having been asserted in accordance with section 78; (e) for the payment of fees to cover administrative expenses. (116D) (1) The power to make regulations includes power— (a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it; (b) to make transitional, transitory or saving provision; (c) to make different provision for different purposes. (2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it. (3) Regulations may make provision by reference to guidance issued from time to time by any person. (4) The power to make regulations is exercisable by statutory instrument. (5) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Penalties under provision implementing Directive on term of protection

78

Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (limitation on criminal penalties) does not apply for the purposes of provision under section 2(2) of that Act implementing Directive 2011/77/EU amending Directive 2006/116/EC on the term of protection of copyright and certain related rights.

Payments to directors of quoted companies

Members’ approval of directors’ remuneration policy

79

(2A) The regulations must provide that any information required to be included in the report as to the policy of the company with respect to the making of remuneration payments and payments for loss of office (within the meaning of Chapter 4A of Part 10) is to be set out in a separate part of the report.

(422A) (1) The directors' remuneration policy contained in a company's directors' remuneration report may be revised. (2) Any such revision must be approved by the board of directors. (3) The policy as so revised must be set out in a document signed on behalf of the board by a director or the secretary of the company. (4) Regulations under section 421(1) may make provision as to— (a) the information that must be contained in a document setting out a revised directors' remuneration policy, and (b) how information is to be set out in the document. (5) Sections 422(2) and (3), 454, 456 and 463 apply in relation to such a document as they apply in relation to a directors' remuneration report. (6) In this section, “directors' remuneration policy” means the policy of a company with respect to the matters mentioned in section 421(2A).

(439A) (1) A quoted company must give notice of the intention to move, as an ordinary resolution, a resolution approving the relevant directors' remuneration policy— (a) at the accounts meeting held in the first financial year which begins on or after the day on which the company becomes a quoted company, and (b) at an accounts or other general meeting held no later than the end of the period of three financial years beginning with the first financial year after the last accounts or other general meeting in relation to which notice is given under this subsection. (2) A quoted company must give notice of the intention to move at an accounts meeting, as an ordinary resolution, a resolution approving the relevant directors' remuneration policy if— (a) a resolution required to be put to the vote under section 439 was not passed at the last accounts meeting of the company, and (b) no notice under this section was given in relation to that meeting or any other general meeting held before the next accounts meeting. (3) Subsection (2) does not apply in relation to a quoted company before the first meeting in relation to which it gives notice under subsection (1). (4) A notice given under subsection (2) is to be treated as given under subsection (1) for the purpose of determining the period within which the next notice under subsection (1) must be given. (5) Notice of the intention to move a resolution to which this section applies must be given, prior to the meeting in question, to the members of the company entitled to be sent notice of the meeting. (6) Subsections (2) to (4) of section 439 apply for the purposes of a resolution to which this section applies as they apply for the purposes of a resolution to which section 439 applies, with the modification that, for the purposes of a resolution relating to a general meeting other than an accounts meeting, subsection (3) applies as if for “accounts meeting” there were substituted “ general meeting ”. (7) For the purposes of this section, the relevant directors' remuneration policy is— (a) in a case where notice is given in relation to an accounts meeting, the remuneration policy contained in the directors' remuneration report in respect of which a resolution under section 439 is required to be put to the vote at that accounts meeting; (b) in a case where notice is given in relation to a general meeting other than an accounts meeting— (i) the remuneration policy contained in the directors' remuneration report in respect of which such a resolution was required to be put to the vote at the last accounts meeting to be held before that other general meeting, or (ii) where that policy has been revised in accordance with section 422A, the policy as so revised. (8) In this section— (a) “accounts meeting” means a general meeting of the company before which the company's annual accounts for a financial year are to be laid; (b) “directors' remuneration policy” means the policy of the company with respect to the matters mentioned in section 421(2A).

Restrictions on payments to directors

80

After section 226 of the Companies Act 2006 insert—

(226A) (1) In this Chapter— - “directors' remuneration policy” means the policy of a quoted company with respect to the making of remuneration payments and payments for loss of office; - “quoted company” has the same meaning as in Part 15 of this Act; - “remuneration payment” means any form of payment or other benefit made to or otherwise conferred on a person as consideration for the person— 1. holding, agreeing to hold or having held office as director of a company, or 2. holding, agreeing to hold or having held, during a period when the person is or was such a director— 1. any other office or employment in connection with the management of the affairs of the company, or 2. any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company, - “payment for loss of office” has the same meaning as in Chapter 4 of this Part. (2) Subsection (3) applies where, in connection with a relevant transfer, a director of a quoted company is— (a) to cease to hold office as director, or (b) to cease to be the holder of— (i) any other office or employment in connection with the management of the affairs of the company, or (ii) any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company. (3) If in connection with the transfer— (a) the price to be paid to the director for any shares in the company held by the director is in excess of the price which could at the time have been obtained by other holders of like shares, or (b) any valuable consideration is given to the director by a person other than the company, the excess or, as the case may be, the money value of the consideration is taken for the purposes of section 226C to have been a payment for loss of office. (4) In subsection (2), “relevant transfer” means— (a) a transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company; (b) a transfer of shares in the company, or in a subsidiary of the company, resulting from a takeover bid. (5) References in this Chapter to the making of a remuneration payment or to the making of a payment for loss of office are to be read in accordance with this section. (6) References in this Chapter to a payment by a company include a payment by another person at the direction of, or on behalf of, the company. (7) References in this Chapter to a payment to a person (“B”) who is, has been or is to be a director of a company include— (a) a payment to a person connected with B, or (b) a payment to a person at the direction of, or for the benefit of, B or a person connected with B. (8) Section 252 applies for the purposes of determining whether a person is connected with a person who has been, or is to be, a director of a company as it applies for the purposes of determining whether a person is connected with a director. (9) References in this Chapter to a director include a shadow director but references to loss of office as a director do not include loss of a person's status as a shadow director. (226B) (1) A quoted company may not make a remuneration payment to a person who is, or is to be or has been, a director of the company unless— (a) the payment is consistent with the approved directors' remuneration policy, or (b) the payment is approved by resolution of the members of the company. (2) The approved directors' remuneration policy is the most recent remuneration policy to have been approved by a resolution passed by the members of the company in general meeting. (226C) (1) No payment for loss of office may be made by any person to a person who is, or has been, a director of a quoted company unless— (a) the payment is consistent with the approved directors' remuneration policy, or (b) the payment is approved by resolution of the members of the company. (2) The approved directors' remuneration policy is the most recent remuneration policy to have been approved by a resolution passed by the members of the company in general meeting. (226D) (1) A resolution approving a payment for the purposes of section 226B(1)(b) or 226C(1)(b) must not be passed unless a memorandum setting out particulars of the proposed payment (including its amount) is made available for inspection by the members of the company— (a) at the company's registered office for not less than 15 days ending with the date of the meeting at which the resolution is to be considered, and (b) at that meeting itself. (2) The memorandum must explain the ways in which the payment is inconsistent with the approved directors' remuneration policy (within the meaning of the section in question). (3) The company must ensure that the memorandum is made available on the company's website from the first day on which the memorandum is made available for inspection under subsection (1) until its next accounts meeting. (4) Failure to comply with subsection (3) does not affect the validity of the meeting at which a resolution is passed approving a payment to which the memorandum relates or the validity of anything done at the meeting. (5) Nothing in section 226B or 226C authorises the making of a remuneration payment or (as the case may be) a payment for loss of office in contravention of the articles of the company concerned. (6) Nothing in section 226B or 226C applies in relation to a remuneration payment or (as the case may be) a payment for loss of office made to a person who is, or is to be or has been, a director of a quoted company before the earlier of— (a) the end of the first financial year of the company to begin on or after the day on which it becomes a quoted company, and (b) the date from which the company's first directors' remuneration policy to be approved under section 439A takes effect. (7) In this section the “company's website” is the website on which the company makes material available under section 430. (226E) (1) An obligation (however arising) to make a payment which would be in contravention of section 226B or 226C has no effect. (2) If a payment is made in contravention of section 226B or 226C— (a) it is held by the recipient on trust for the company or other person making the payment, and (b) in the case of a payment by a company, any director who authorised the payment is jointly and severally liable to indemnify the company that made the payment for any loss resulting from it. (3) If a payment for loss of office is made in contravention of section 226C to a director of a quoted company in connection with the transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company— (a) subsection (2) does not apply, and (b) the payment is held by the recipient on trust for the company whose undertaking or property is or is proposed to be transferred. (4) If a payment for loss of office is made in contravention of section 226C to a director of a quoted company in connection with a transfer of shares in the company, or in a subsidiary of the company, resulting from a takeover bid— (a) subsection (2) does not apply, (b) the payment is held by the recipient on trust for persons who have sold their shares as a result of the offer made, and (c) the expenses incurred by the recipient in distributing that sum amongst those persons shall be borne by the recipient and not retained out of that sum. (5) If in proceedings against a director for the enforcement of a liability under subsection (2)(b)— (a) the director shows that he or she has acted honestly and reasonably, and (b) the court considers that, having regard to all the circumstances of the case, the director ought to be relieved of liability, the court may relieve the director, either wholly or in part, from liability on such terms as the court thinks fit. (226F) (1) This Chapter does not affect any requirement for approval by a resolution of the members of a company which applies in relation to the company under Chapter 4. (2) Where the making of a payment to which section 226B or 226C applies requires approval by a resolution of the members of the company concerned under Chapter 4, approval obtained for the purposes of that Chapter is to be treated as satisfying the requirements of section 226B(1)(b) or (as the case may be) 226C(1)(b).

Payments to directors: minor and consequential amendments

81

(5) Nothing in this section or sections 216 to 222 applies in relation to a payment for loss of office to a director of a quoted company other than a payment to which section 226C does not apply by virtue of section 226D(6).

(2A) If the directors' remuneration policy of a quoted company is revised in accordance with section 422A, the company must ensure that the revised policy is made available on the website on which its annual accounts and reports are made available. (2B) If a person ceases to be a director of a quoted company, the company must ensure that the following information is made available on the website on which its annual accounts and reports are made available— (a) the name of the person concerned, (b) particulars of any remuneration payment (within the meaning of Chapter 4A of Part 10) made or to be made to the person after ceasing to be a director, including its amount and how it was calculated, and (c) particulars of any payment for loss of office (within the meaning of that Chapter) made or to be made to the person, including its amount and how it was calculated.

(4A) Where subsection (2A) or (2B) applies, the material in question— (a) must be made available as soon as reasonably practicable, and (b) must be kept available until the next directors' remuneration report of the company is made available on the website.

directors' remuneration policy (in Chapter 4A of Part 10) section 226A(1)
payment for loss of office (in Chapter 4A of Part 10) section 226A(1)
--- ---
remuneration payment (in Chapter 4A of Part 10) section 226A(1)
--- ---

.

— in Chapter 4A of Part 10 section 226A(1)

.

Payments to directors: transitional provision

82

Redress schemes: lettings and property management agents

Redress schemes: lettings agency work

83

Redress schemes: property management work

84

Orders under section 83 or 84: enforcement

85

Sections 83 to 85: minor definitions

86

Approval of redress schemes for the purposes of section 83 or 84

87

Redress schemes: supplemental

88

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Supply of customer data

Supply of customer data

89

Supply of customer data: enforcement

90

Supply of customer data: supplemental

91

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

is subject to annulment in pursuance of a resolution of either House of Parliament.

Insolvency: protection of essential supplies

Power to add to supplies protected under Insolvency Act 1986

92

Corporate insolvency: power to give further protection to essential supplies

93

Individual insolvency: power to give further protection to essential supplies

94

Sections 93 and 94: supplemental

95

Royal Charters

Royal Charters: requirements for Parliamentary approval

96

Where a body is established by Royal Charter after 1 March 2013 with functions relating to the carrying on of an industry, no recommendation may be made to Her Majesty in Council to amend the body's Charter or dissolve the body unless any requirements included in the Charter on the date it is granted for Parliament to approve the amendment or dissolution have been met.

Caste as an aspect of race

Equality Act 2010: caste as an aspect of race

97

Equal pay audits

Power to provide for equal pay audits

98

(139A) (1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach. (2) An equal pay breach is— (a) a breach of an equality clause, or (b) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination. (3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing. (4) The regulations may make further provision about equal pay audits, including provision about— (a) the content of an audit; (b) the powers and duties of a tribunal for deciding whether its order has been complied with; (c) any circumstances in which an audit may be required to be published or may be disclosed to any person. (5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that— (a) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose, (b) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing, (c) the breach the tribunal has found gives no reason to think that there may be other breaches, or (d) the disadvantages of an equal pay audit would outweigh its benefits. (6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations. (7) The regulations may provide for that power— (a) to be exercisable in prescribed circumstances; (b) to be exercisable more than once, if the failure to comply continues. (8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000. (9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund. (10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that— (a) had fewer than 10 employees immediately before a specified time, or (b) was begun as a new business in a specified period. (11) For the purposes of subsection (10)— (a) “specified” means specified in the regulations, and (b) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations. (12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals.

(ea) regulations under section 139A (equal pay audits);

.

General

Consequential amendments, repeals and revocations

99

Transitional, transitory or saving provision

100

The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.

Financial provision

101

There is to be paid out of money provided by Parliament—

Extent

102

Commencement

103

Short title

104

This Act may be cited as the Enterprise and Regulatory Reform Act 2013.

SCHEDULE 1

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

In section 288 of the Trade Union and Labour Relations (Consolidation) Act 1992 (restriction on contracting out), in subsection (2), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Tribunals Act 1996 (c. 17)

2

The Employment Tribunals Act 1996 is amended as follows.

3

In section 7 (employment tribunal procedure regulations), in subsection (3ZA)(b), after “form” insert “ (including certificates issued under section 18A(4)) ”.

4

In section 7B (mediation), in subsection (5), for “the Advisory, Conciliation and Arbitration Service” substitute “ ACAS ”.

5

(1A) Sections 18A and 18B apply in the case of matters which could be the subject of relevant proceedings, and section 18C applies in the case of relevant proceedings themselves.

6

After section 18B (inserted by section 7(1)) insert—

(18C) (1) Where an application instituting relevant proceedings has been presented to an employment tribunal, and a copy of it has been sent to a conciliation officer, the conciliation officer shall endeavour to promote a settlement— (a) if requested to do so by the person by whom and the person against whom the proceedings are brought, or (b) if, in the absence of any such request, the conciliation officer considers that the officer could act under this section with a reasonable prospect of success. (2) Where a person who has presented a complaint to an employment tribunal under section 111 of the Employment Rights Act 1996 has ceased to be employed by the employer against whom the complaint was made, the conciliation officer may in particular— (a) seek to promote the reinstatement or re-engagement of the complainant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or (b) where the complainant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, and the parties desire the conciliation officer to act, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the complainant. (3) In subsection (1) “settlement” means a settlement that brings proceedings to an end without their being determined by an employment tribunal.

7

In section 19A (conciliation: recovery of sums payable under compromises), in subsection (1)(a)(i), for “section 18” substitute “ any of sections 18A to 18C ”.

8

In section 40 (power to amend Act), in subsection (2), omit the words from “and to section 18” to the end.

9

In section 42 (interpretation), in subsection (1)—

“ACAS” means the Advisory, Conciliation and Arbitration Service,

;

Employment Rights Act 1996 (c. 18)

10

In section 203 of the Employment Rights Act 1996 (restrictions on contracting out), in subsection (2)(e), for “section 18” substitute “ any of sections 18A to 18C ”.

National Minimum Wage Act 1998 (c. 39)

11

In section 49 of the National Minimum Wage Act 1998 (restrictions on contracting out), in subsection (2)(a), for “section 18” substitute “ any of sections 18A to 18C ”.

Employment Act 2008 (c. 24)

12

Section 5 of the Employment Act 2008 (which amends provisions repealed by paragraph 5(8)) is omitted.

Pensions Act 2008 (c. 30)

13

In section 58 of the Pensions Act 2008 (restrictions on agreements to limit operation of Part 1), in subsection (3), for “section 18” substitute “ any of sections 18A to 18C ”.

SCHEDULE 2

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

2

In section 66 (complaint of infringement of right under section 64), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

3

In section 68A (complaint of infringement of right under section 68), after subsection (1) insert—

(1A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

4

In section 70C (section 70B: complaint to employment tribunal), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

5

In section 87 (complaint in respect of employer's failure under section 86), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

6

In section 139 (time limit for proceedings under sections 137 and 138), after subsection (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

7

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

8

In section 147 (time limit for proceedings under section 146), after subsection (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

9

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

10

(2) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (1)(a).

11

In section 189 (complaint: contravention of section 188), after subsection (5) insert—

(5A) Where the complaint concerns a failure to comply with a requirement of section 188, section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (5)(b).

12

In section 192 (complaint by employee to employment tribunal: contravention of section 190), after subsection (2) insert—

(2A) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a).

13

After section 292 insert—

(292A) (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”). (2) In this section— (a) Day A is the day on which the complainant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

14

In Schedule A1 (collective bargaining: recognition), in paragraph 157 (complaint to employment tribunal: contravention of paragraph 156), after sub-paragraph (3) insert—

(4) Section 292A (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of sub-paragraph (1)(a).

Employment Rights Act 1996 (c. 18)

15

The Employment Rights Act 1996 is amended as follows.

16

In section 11 (references to employment tribunals: contravention of section 8), after subsection (5) insert—

(6) Where the reference concerns compliance with section 8, section 207B (extension of time limits to facilitate conciliation before institution of proceedings) also applies for the purposes of subsection (4)(a).

17

In section 23 (complaints to employment tribunals: contravention of section 13, 15, 18(1) or 21(1)), in subsection (3A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

18

In section 34 (complaints to employment tribunals: contravention of section 28), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

19

In section 48 (complaints to employment tribunals: contravention of Part 5), in subsection (4A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

20

In section 51 (complaints to employment tribunals: contravention of section 50), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

21

In section 54 (complaints to employment tribunals: contravention of section 52 or 53), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

22

In section 57 (complaints to employment tribunals: contravention of section 55 or 56), in subsection (2A), for the words from “applies” to the end substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (2)(a) ”.

23

In section 57ZC (complaint to employment tribunal: agency workers), after subsection (3) insert—

(3A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsection (3)(a).

24

In section 57B (complaint to employment tribunal: contravention of section 57A), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

25

In section 60 (complaints to employment tribunals: contravention of section 58 or 59), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

26

In section 63 (complaints to employment tribunals: contravention of section 61 or 62), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

27

In section 63C (complaints to employment tribunals: contravention of section 63A or 63B), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

28

In section 63I (complaints to employment tribunals: contravention of section 63F(4), (5) or (6) or 63I(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

29

In section 70 (complaints to employment tribunals: contravention of section 64, 67 or 68), in subsection (8), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

30

In section 70A (complaints to employment tribunals: agency workers), after subsection (7) insert—

(7A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply for the purposes of subsections (2)(a) and (5)(a).

31

In section 80 (complaint to employment tribunal: parental leave), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

32

In section 80H (complaints to employment tribunals: contravention of section 80G(1) or 80H(1)(b)), in subsection (7), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

33

In section 111 (complaints to employment tribunal: contravention of section 92 or Part 10), in subsection (2A), for “applies” substitute “ and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) apply ”.

34

In section 164 (claims for redundancy payment: contravention of section 135), after subsection (4) insert—

(5) Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsections (1)(c) and (2).

35

After section 207A (extension of time limits because of mediation in certain cross-border disputes) insert—

(207B) (1) This section applies where this Act provides for it to apply for the purposes of a provision of this Act (a “relevant provision”). But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 207A. (2) In this section— (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when a time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If a time limit set by a relevant provision would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) Where an employment tribunal has power under this Act to extend a time limit set by a relevant provision, the power is exercisable in relation to the time limit as extended by this section.

National Minimum Wage Act 1998 (c. 39)

36

The National Minimum Wage Act 1998 is amended as follows.

37

In section 11 (failure of employer to allow access to records), after subsection (4) insert—

(4A) Where the complaint is presented to an employment tribunal in England and Wales or Scotland, section 11A applies for the purposes of subsection (3).

38

After section 11 insert—

(11A) (1) In this section— (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (2) In working out when the time limit set by section 11(3) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (3) If the time limit set by section 11(3) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (4) The power conferred on the employment tribunal by subsection (4) of section 11 to extend the time limit set by subsection (3) of that section is exercisable in relation to that time limit as extended by this section.

39

In section 24 (enforcement of right under section 23), in subsection (2)(a), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Employment Relations Act 1999 (c. 26)

40

In section 11 of the Employment Relations Act 1999 (complaint to employment tribunal), after subsection (2) insert—

(2A) Section 207A(3) (extension because of mediation in certain European cross-border disputes) and section 207B (extension of time limits to facilitate conciliation before institution of proceedings) of the Employment Rights Act 1996 apply for the purposes of subsection (2)(a). (2B) Subsections (2) and (2A) are to be treated as provisions of the Employment Rights Act 1996 for the purposes of sections 207A and 207B of that Act.

Pensions Act 2008 (c. 30)

41

In section 56 of the Pensions Act 2008 (enforcement of right under section 55), in subsection (2), for “sections 48(2) to (4)” substitute “ sections 48(2) to (4A) ”.

Equality Act 2010 (c. 15)

42

The Equality Act 2010 is amended as follows.

43

In section 123 (time limits: proceedings under section 120), in subsection (1), for “section 140A” substitute “ sections 140A and 140B ”.

44

In section 129 (time limits: proceedings under section 127)—

45

After section 140A (extension of time limits because of mediation in certain cross-border disputes) insert—

(140B) (1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4). But it does not apply to a dispute that is (or so much of a dispute as is) a relevant dispute for the purposes of section 140A. (2) In this section— (a) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and (b) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. (3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted. (4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. (5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section.

SCHEDULE 3

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

1

In section 138 of the Trade Union and Labour Relations (Consolidation) Act 1992 (refusal of service of employment agency on grounds related to union membership), after subsection (2) insert—

(2A) Section 12A of the Employment Tribunals Act 1996 (financial penalties) applies in relation to a complaint under this section as it applies in relation to a claim involving an employer and a worker (reading references to an employer as references to the employment agency and references to a worker as references to the complainant).

Employment Tribunals Act 1996 (c. 17)

2

The Employment Tribunals Act 1996 is amended as follows.

3

Before section 13 insert— “ Costs etc, interest and enforcement ”.

4

Employment Rights Act 1996 (c. 18)

5

In section 201 of the Employment Rights Act 1996 (power to extend employment legislation to offshore employment), after subsection (3) insert—

(3A) Where an Order in Council under this section confers jurisdiction on an employment tribunal, the jurisdiction conferred includes power to make an order under section 12A of the Employment Tribunals Act 1996 (financial penalties), and that section applies accordingly.

Agency Workers Regulations 2010 (S.I. 2010/93)

6

In regulation 18 of the Agency Workers Regulations 2010 (complaints to employment tribunals etc), after paragraph (14) insert—

(14A) In relation to an infringement or breach for which a tribunal orders a respondent to pay compensation under paragraph (8)(b), the tribunal may order the respondent also to pay a penalty under section 12A of the Employment Tribunals Act 1996 only if the tribunal decides not to exercise the power under paragraph (14) to make an additional award of compensation against the respondent.

SCHEDULE 4

PART 1 — General

Membership

1

Terms and conditions

2

Term of appointment

3

Re-appointment

4

Remuneration etc of members

5

Resignation

6

Termination of membership

7

The Secretary of State may at any time remove a person from office as a member of the CMA on any of the following grounds—

Status

8

The CMA is to perform its functions on behalf of the Crown.

Chief executive and other staff

9
10
11

A person holding office as a member of the Competition Appeal Tribunal is ineligible for appointment under paragraph 9 or 10.

Annual plan

12
13

Performance report

14
15

The CMA may—

Concurrency report

16

Documents

17

Membership of committees and sub-committees

18

Additional powers

19

The CMA may—

20

Public records

21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3, at the appropriate place insert— “ Competition and Markets Authority. ”

Parliamentary Commissioner

22

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) at the appropriate place insert— “ Competition and Markets Authority. ”

Disqualification

23

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “ The Competition and Markets Authority. ”

24

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ The Competition and Markets Authority. ”

Freedom of information

25

In Part 1 of Schedule 1 to the Freedom of Information Act 2000 (definition of public authority: general)—

— (a) the Competition and Markets Authority, (b)

;

(1ZA) The Competition and Markets Authority, in respect of information held otherwise than as a tribunal.

Equality

26

In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc” at the appropriate place insert— “ The Competition and Markets Authority. ”

PART 2 — The CMA Board

Membership

27

The CMA Board is to consist of—

Functions

28

Except where otherwise provided by or under any enactment, the functions of the CMA are exercisable by the CMA Board on behalf of the CMA.

Delegation

29
30

Paragraph 29(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 of the CMA under Part 1 of that Act.

Proceedings

31

Validity

32

The validity of anything done by the CMA Board is not affected by—

Reference of matter to the chair

33

PART 3 — The CMA panel

The CMA panel

34

The CMA panel is a panel of persons available for selection as members of a group constituted in accordance with this Part of this Schedule.

Membership of CMA panel

35

Constitution of CMA groups

36

Where the chair is, by or under any enactment, required to constitute a group under this Schedule (a “CMA group”), the chair must constitute the group in accordance with this Part of this Schedule.

Membership of CMA groups

37
38
39

The validity of anything done by a CMA group is not affected by—

Termination of person’s membership of a CMA group

40

A member of the CMA panel may at any time resign from a CMA group by giving written notice to this effect to the chair.

41
42

A person ceases to be a member of a CMA group on ceasing to be a member of the CMA panel.

Replacement of a member of a CMA group

43

Continuity on removal or replacement

44

Attendance of other members

45

Powers of chair pending group’s constitution and first meeting

46
47

Performance of functions of chair with respect to constitution etc of CMA group

48

Independence of groups

49

Casting votes

50

If a CMA group's vote on any decision is tied, the group chair is to have a casting vote.

Requirement to make rules of procedure for certain groups

51
52
53

Procedure of other CMA groups

54

CMA group decision: requirement for two thirds majority

55

For the purposes of paragraphs 56 to 58, a “qualifying majority decision” is a decision made by a CMA group which is that of at least two-thirds of the members of the group.

56
57
58

A decision made by a CMA group is also subject to any other provision made by or under any enactment about decisions that are not qualifying majority decisions.

PART 4 — Interpretation and transitional and transitory provision

Interpretation

59
60

References in this Schedule to the commencement date are to the date on which section 25(3) comes into force.

Members of the Competition Commission

61
62

Except as provided for by paragraph 61, a person who holds or has held office as a panel member of the Competition Commission at any time prior to its abolition may not be appointed under paragraph 1(1)(b) as a member of the CMA panel.

63

References in paragraphs 61 and 62 to a panel member of the Competition Commission are to a person appointed as a member of the Competition Commission of a kind mentioned in paragraph 2(3) of Schedule 7 to the Competition Act 1998.

Financial years of the CMA

64

First annual plan of the CMA

65

SCHEDULE 5

PART 1 — Transfer of functions under the 1998 Act to the CMA

1

The Competition Act 1998 is amended as follows.

2

In section 6 (block exemptions), in subsections (1) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

3

In section 8 (block exemptions: procedure), in subsections (1) to (3) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

4

In section 10 (parallel exemptions), in subsections (5), (7) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

5
6

In section 26 (powers when conducting investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

7

In section 27 (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

8
9

In section 28A (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

10

In section 31 (decisions following an investigation), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

11

In section 31A (commitments), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

12

In section 31B (effect of commitments under section 31A), in subsections (1) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

13

In section 31C (review of commitments), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

14

In section 31D (guidance), in subsections (1) to (3), (5), (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

15

In section 31E (enforcement of commitments), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

16

In section 32 (directions in relation to agreements), in subsection (1), for “OFT” substitute “ CMA ”.

17

In section 33 (directions in relation to conduct), in subsection (1), for “OFT” substitute “ CMA ”.

18

In section 34 (enforcement of directions), in subsection (1), for “OFT” substitute “ CMA ”.

19

In section 35 (interim measures), in subsections (1) to (4), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

20

In section 36 (penalties), in subsections (1) to (5), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

21

In section 37 (recovery of penalties), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

22

In section 38 (the appropriate level of a penalty), in subsections (1) to (3), (5), (6), (8) and (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

23

In section 39 (limited immunity in relation to the Chapter 1 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

24

In section 40 (limited immunity in relation to the Chapter 2 prohibition), in subsections (3) to (5) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

25

In section 44 (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

26

In section 46 (appealable decisions), in subsections (1) to (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

27

In section 47 (third party appeals), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

28

In section 47A (monetary claims before Tribunal), in subsections (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

29

In section 50 (vertical agreements and land agreements), in subsection (3), for “OFT” substitute “ CMA ”.

30

In the cross-heading preceding section 51, for “OFT's” substitute “CMA's”.

31
32
33

In section 54 (regulators), in subsections (2), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

34

In section 57 (defamation), for “OFT” substitute “ CMA ”.

35

In the cross-heading preceding section 58, for “OFT” substitute “ CMA ”.

36
37

In section 58A (findings of infringements), in subsections (3) and (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

38

“the CMA” means the Competition and Markets Authority;

, and

39

In section 60 (principles to be applied in determining questions), in subsection (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

40

In section 61 (interpretation of Part 2), in subsection (1)—

“the CMA” means the Competition and Markets Authority;

, and

41

In section 62 (power to enter business premises under a warrant: Article 20 inspections), in subsections (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

42

In section 62A (power to enter non-business premises under a warrant: Article 21 inspections), in subsections (3) to (5), and (12), for “OFT” (in each place where it occurs) substitute “ CMA ”.

43

In section 62B (powers when conducting Article 22(2) inspection), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

44

In section 63 (power to enter business premises under a warrant: Article 22(2) inspections), in subsections (1)(a), (2) to (5) and (10), for “OFT” (in each place where it occurs) substitute “ CMA ”.

45
46

In section 65D (power to conduct an Article 22(1) investigation), in subsection (1), for “OFT” substitute “ CMA ”.

47

In section 65E (powers when conducting Article 22(1) investigations), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

48

In section 65F (power to enter business premises without a warrant), in subsections (1) and (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

49

In section 65G (power to enter business premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

50

In section 65H (power to enter domestic premises under a warrant), in subsections (1)(b)(i) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

51

In section 65N (false or misleading information), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

52

In section 75A (rules in relation to Parts 2 and 2A), in subsections (1) to (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

53
54

In Schedule 2 (exclusions: other competition scrutiny), in Part 3, in paragraph 5(3)(a), for “Director” substitute “ CMA ”.

55
56
57
58

PART 2 — Transfer of functions under the 2002 Act to the CMA

59

The Enterprise Act 2002 is amended as follows.

Part 1

60
61

In section 6 (provision of information etc to the public), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

62
63

Omit section 8 (promoting good consumer practice).

64
65

For the title to Part 1 substitute “ General functions of the CMA ”.

Part 2

66

In Schedule 4 (Competition Appeal Tribunal: procedure), in Part 2 (Tribunal rules), in paragraph 22(2), for “OFT” substitute “ CMA ”.

Part 3

67
68

In section 23 (relevant merger situations), in subsection (9), in paragraph (a), for “Commission” substitute “ CMA ”.

69

In section 24 (time-limits and prior notice), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

70

In section 25 (extension of time-limits), in subsections (1) to (6) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

71

In section 28 (turnover test), in subsection (5), for “OFT” substitute “ CMA ”.

72
73
74

Before section 35 (but after the italic cross-heading immediately preceding it) insert—

(34C) (1) Where a reference is made to the chair of the CMA under section 22 or 33 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 35 to 41B, except for sections 35(6) and (7), 36(5) and (6) and 37(6); (b) where a reference is treated by virtue of section 37(2) as having been made under section 22, section 23(9)(a); (c) section 76, as it applies in relation to orders under section 83, and sections 77, 78 and 80 to 84; (d) section 87, so far as relating to an enforcement order made on behalf of the CMA by the group; (e) sections 92(4), 94 and 94A, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (f) section 104, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section; (g) section 107, so far as relating to anything done on behalf of the CMA by the group; (h) section 109, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (i) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (j) section 120(5)(b), so far as relating to a decision of the group; (k) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA. (2) The functions of the CMA under section 95(4) in relation to the matter concerned may be carried out on behalf of the CMA by the group. (3) Nothing in subsection (1) prevents the CMA Board from exercising a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist— (a) section 76 and Schedule 10, so far as relating to the making of an order under section 76 in relation to an order under section 83; (b) section 83 and Schedule 10, so far as relating to the making of an order under section 83; (c) sections 76 (as it applies in relation to an order under section 83), 80 to 84 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (d) section 87; (e) sections 92(4) and 94.

75

In section 35 (questions to be decided in relation to completed mergers), in subsections (1) and (3) to (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

76

In section 36 (questions to be decided in relation to anticipated mergers), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

77
78
79

In section 39 (time-limits for investigations and reports), in subsections (1), (3), (4) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

80

In section 40 (section 39: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

81

In section 41 (duty to remedy effects of completed or anticipated mergers), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

82
83
84
85
86

In section 46 (references under section 46: supplementary), in subsection (2), for “OFT” substitute “ CMA ”.

87
88

Before section 47 (but after the italic cross-heading immediately preceding it) insert—

(46D) Where a reference is made to the chair of the CMA under section 45 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 47 to 53; (b) where a reference is treated by virtue of section 49(1) as having been made under section 45(2) or (3), section 23(9)(ab) (as it has effect by virtue of section 42(6)); (c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A; (d) section 107, so far as relating to anything done on behalf of the CMA by the group; (e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (g) section 118(4); (h) section 120(5)(b), so far as relating to a decision of the group.

89

In section 47 (questions to be decided on references under section 45), in subsections (1) to (11), for “Commission” (in each place where it occurs) substitute “ CMA ”.

90

In section 48 (cases where references on certain questions need not be decided), in subsections (1) to (3) for “Commission” (in each place where it occurs), substitute “ CMA ”.

91

In section 49 (variation of references under section 45), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

92

In section 50 (investigations and reports on references under section 45), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

93
94

Section 52 (section 51: supplementary), in subsections (10), (11) and (13), for “Commission” (in each place where it occurs) substitute “ CMA ”.

95
96
97

In section 55 (enforcement action by Secretary of State), in subsection (3), for “Commission” substitute “ CMA ”.

98

— (a)

,

; and (b) for the purposes of section 34C, the group constituted in consequence of the reference under section 45 is to be treated as if it were constituted in consequence of a reference under section 22 or (as the case may be) 33.

99
100

In section 58 (specified considerations), in subsection (4)(b) for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

101
102
103
104
105

Before section 63 insert—

(62A) Where a reference is made to the chair of the CMA under section 62 for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 63 to 65; (b) where a reference is treated by virtue of section 64(2) as having been made under section 62(2), section 23(9)(ab) (as it has effect by virtue of section 59(6)); (c) sections 104, so far as relating to any decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section, and 104A; (d) section 107, so far as relating to anything done on behalf of the CMA by the group; (e) section 109, where the permitted purpose relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (f) sections 110 to 115, so far as relating to a notice given under section 109 on behalf of the CMA by the group; (g) section 118(4); (h) section 120(5)(b), so far as relating to a decision of the group.

106

In section 63 (questions to be decided on references under section 62), in subsections (1) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

107

In section 64 (cancellation and variation of references under section 62), in subsections (1) to (4) and (7) to (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

108

In section 65 (investigations and reports on references under section 62), in subsections (1) to (2A) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

109

In section 66 (decision and enforcement action by Secretary of State), in subsections (1) to (4) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

110

In section 67 (intervention to protect legitimate interests), in subsections (2) and (8), for “OFT” (in each place where it occurs) substitute “ CMA ”.

111

In section 68 (scheme for protecting legitimate interests), in subsection (4)—

112

In section 72 (initial enforcement orders), in subsections (2), (6) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

113

In section 73 (undertakings in lieu of references), in subsections (1) to (4), (5) and (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

114

In section 74 (effect of undertakings under section 73), in subsections (1), (2) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

115

In section 75 (order making power where undertakings under section 73 not fulfilled), in subsections (1), (2), (4) and (6), for “OFT” (in each place where it occurs) substitute “ CMA ”.

116
117

In section 77 (restrictions on certain dealings: completed mergers), in subsections (2), (3), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

118

In section 78 (restrictions on certain dealings: anticipated mergers), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

119
120
121
122

In section 82 (final undertakings), in subsections (1), (2) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

123
124
125

In section 85 (enforcement regime for public interest and special interest cases), in subsection (2), for “OFT” substitute “ CMA ”.

126
127

In the italic cross-heading preceding section 92, for “OFT” substitute “ CMA ”.

128
129
130
131
132
133
134

In section 100 (exceptions to protection given by merger notices), in subsection (1), for “OFT” (in each place where it occurs) substitute “ CMA ”.

135

; or (iii) on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63;

, and

136

In section 104A (public consultation in relation to media mergers), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

137
138

— (a) the making and consideration by it of references under section 22 or 33, and (b) the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

139

In section 106A (advice and information in relation to media mergers), in subsection (5), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

140

In section 106B (general advisory duties of OFCOM), in subsections (1) and (3), for “Commission” substitute “ CMA ”.

141
142

In section 108 (defamation), for “OFT, OFCOM, the Commission” substitute “ CMA, OFCOM ”.

143

In section 109 (attendance of witnesses and production of documents etc.), in subsection (3)(a), for “the Commission” substitute “ the CMA ”.

144

In section 110 (enforcement of powers under section 109: general), in subsections (1) to (3), (6), (8) and (9), for “Commission” (in each place where it occurs) substitute “ CMA ”.

145

In section 111 (penalties), in subsections (1), (5) and (8), for “Commission” (in each place where it occurs) substitute “ CMA ”.

146

In section 112 (penalties: main procedural requirements), in subsections (1) to (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

147

In section 113 (payment and interest by instalments), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

148

In section 114 (appeals in relation to penalties), in subsections (4), (5) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

149

In section 115 (recovery of penalties), for “Commission” (in each place where it occurs) substitute “ CMA ”.

150

In section 116 (statement of policy), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

151

In section 117 (false or misleading information), in subsections (1) and (2), for “OFT, OFCOM, the Commission” (in each place where it occurs) substitute “ CMA, OFCOM ”.

152
153
154
155

In section 120 (review of decisions under Part 3), in subsection (1)—

156
157
158

Section 123 (power to alter share of supply test), in subsection (4), for “OFT and the Commission” substitute “ CMA ”.

159
The CMA Section 273
160
161
162

In Schedule 10 (procedural requirements for certain enforcement undertakings and orders), in paragraph 2(1), for “the OFT, the Commission” substitute “ the CMA ”.

Part 4

163
164
165

In section 133 (contents of references), in subsection (2), for “Commission” substitute “ group constituted by the chair of the CMA in respect of the reference ”.

166

Before section 134 (but after the italic cross-heading immediately preceding it) insert—

(133A) (1) Where a reference is made to the chair of the CMA under section 131, 132 or 140A for the constitution of a group under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, the functions of the CMA under or by virtue of the following provisions of this Part in relation to the matter concerned are to be carried out on behalf of the CMA by the group so constituted— (a) sections 134 to 138B, except for section 135(1); (b) sections 140B to 145, 148, 148A and 151; (c) sections 157 and 158; (d) section 159; (e) section 160, except for subsection (6) of that section; (f) section 161, except for subsection (5) of that section; (g) section 162(4), so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (h) section 164(2)(b), so far as relating to an enforcement order made on behalf of the CMA by the group; (i) section 167, so far as relating to an enforcement undertaking or enforcement order made on behalf of the CMA by the group; (j) section 168; (k) section 169, so far as relating to a decision mentioned in paragraph (a)(iii) of the definition of relevant decision in subsection (6) of that section; (l) section 172, so far as relating to anything done on behalf of the CMA by the group; (m) section 174, where the permitted purpose in question relates to a function that (by virtue of this section) is being or is to be carried out on behalf of the CMA by the group; (n) sections 174A to 174D, so far as relating to a notice given under section 174 on behalf of the CMA by the group; (o) section 179(5)(b), so far as relating to a decision of the group; (p) Schedule 10, so far as relating to an enforcement undertaking or enforcement order which the group is considering accepting or making, or which the group has accepted or made, on behalf of the CMA. (2) Nothing in subsection (1) prevents the CMA Board from carrying out a function of the CMA under or by virtue of the following provisions of this Part where the group constituted as mentioned in subsection (1) has ceased to exist— (a) section 160 and Schedule 10, so far as relating to the making of an order under section 160; (b) sections 159 to 161 and Schedule 10, so far as relating to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; (c) section 162(4); (d) section 164(2)(b); (e) section 167.

167
168
169

(4) Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.

170

In section 137 (time-limits for market investigations and reports), in subsections (1), (5) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

171

In section 138 (duty to remedy adverse effects), in subsections (1) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

172

In section 139 (public interest intervention by the Secretary of State), in subsection (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

173

In section 140 (intervention notices under section 139(1)), in subsection (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

174

In section 141 (questions to be decided), in subsections (2) and (3) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

175
176

In section 143 (publication etc. of reports), in subsections (1), (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

177

In section 144 (time-limits for investigations and reports in public interest cases), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

178

In section 145 (restrictions where public interest considerations not finalised), in subsections (1) to (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

179

In section 146 (decision of Secretary of State), in subsections (2) to (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

180

In section 147 (remedial action by Secretary of State), in subsections (3) and (4), for “Commission” (in each place where it occurs) substitute “ CMA ”.

181
182

In section 149 (intervention notices under section 139(2)), in subsections (1) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

183
184
185
186

In section 153 (specified considerations for purposes of Part 4), in subsection (4)—

187

In section 154 (undertakings in lieu of market investigation references), in subsections (1) to (7), for “OFT” (in each place where it occurs) substitute “ CMA ”.

188

In section 155 (undertakings in lieu: procedural requirements), in subsections (1) to (4) and (6) to (9), for “OFT” (in each place where it occurs) substitute “ CMA ”.

189

In section 156 (effect of undertakings under section 154), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

190

In section 159 (final undertakings: Part 4), in subsections (1), (5) and (6) for “Commission” (in each place where it occurs) substitute “ CMA ”.

191

(1A) In subsection (1), a “relevant person” means— (a) in a case where the relevant authority is the CMA, the CMA; (b) in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

192
193

For the italic cross-heading before section 162 substitute “ Undertakings and orders: monitoring, consultation and advice ”.

194

(ba) any possible variation or release by it of an enforcement undertaking accepted by it; (bb) any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it; (bc) any possible variation or revocation by it of an enforcement order made by it; (bd) any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;

.

195
196
197
198

In section 168 (regulated markets), in subsections (1), (2), (6) and (7), for “Commission” (in each place where it occurs) substitute “ CMA ”.

199

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

; or— (iii) on the questions mentioned in section 134, 141 or 141A; and

, and

200
201

— (a) the making and consideration by it of market investigation references, and (b) the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.

202
203

In section 173 (defamation)—

204

In section 174 (investigatory powers), in subsections (3) to (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

205

In section 177 (excisions from reports: Part 4), in subsections (1), (4) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

206
207

In section 179 (review of decisions under Part 4), in subsection (1)—

208

In section 183 (interpretation of Part 4), in subsection (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

209
The CMA Section 273

Part 6

210

In section 190 (cartel offence: prosecution), in subsections (2)(b) and (4), for “OFT” substitute “ CMA ”.

211

In section 192 (investigation of cartel offences), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

212

In section 193 (powers when conducting an investigation), in subsections (1) to (4), for “OFT” (in each place where it occurs) substitute “ CMA ”.

213

In section 194 (power to enter premises under a warrant), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

214

In section 195 (exercise of powers by authorised person), in subsection (1), for “OFT” (in both places where it occurs) substitute “ CMA ”.

215

In section 196 (privileged information etc), in subsection (2)(b), for “OFT” substitute “ CMA ”.

216

In section 201 (offences), in subsection (4)(a), for “OFT” substitute “ CMA ”.

Part 11

217

“the CMA” means the Competition and Markets Authority;

.

PART 3 — Abolition of the Competition Commission

Amendments of the 1998 Act

218

The 1998 Act is amended as follows.

219

In the heading of Chapter 4 of Part 1, omit “The Competition Commission and”.

220

Omit section 45 (establishment of Competition Commission) and the cross- heading preceding it.

221

In section 59 (interpretation of Part 1), in subsection (1), in the definition of “the Commission”, omit “(except in relation to the Competition Commission)”.

222

Omit Schedule 7 (Competition Commission).

223

Omit Schedule 7A (Competition Commission: procedural rules for mergers and markets refinances).

Amendments of the 2002 Act

224

The 2002 Act is amended as follows.

225

Omit sections 185 to 187 (the Competition Commission).

226

In Schedule 3 (the Competition Service), omit Part 2 (transfers of property etc between the Competition Commission and the Competition Service).

227

Omit Schedule 11 (the Competition Commission).

228

Omit Schedule 12 (Competition Commission: certain procedural rules).

PART 4 — Abolition of the Office of Fair Trading

229

Omit sections 1 to 4 of, and Schedule 1 to, the 2002 Act (which make provision about the establishment of the Office of Fair Trading), and the italic cross-heading preceding section 1.

SCHEDULE 6

PART 1 — Amendments to Acts

Competition Act 1980 (c. 21)

1

The Competition Act 1980 is amended as follows.

2

(10A) The functions of the CMA with respect to a reference under this section (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 11B) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

3

In section 11A (references under section 11: time-limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

4

— (a) the words “, OFCOM or the Secretary of State” were omitted, and (b) for the words “their functions” there were substituted “ its functions ”.

5

In section 12 (orders following report under section 11), in subsections (1) to (3) and (5), for “Commission” (in each place where it occurs) substitute “ CMA ”.

6

In section 16 (general provisions as to reports), in subsection (2), for “Commission” substitute “ CMA ”.

7

In section 17 (laying before Parliament and publication of reports), in subsection (6), for “Commission” substitute “ CMA ”.

8

In section 33 (short title, interpretation, etc), in subsection (2), for “ “the Commission”” substitute “ “the CMA” ”.

Solicitors (Scotland) Act 1980 (c. 46)

9

The Solicitors (Scotland) Act 1980 is amended as follows.

10

In section 25A (rights of audience in the Court of Session etc), in subsections (9) and (11), for “Director” (in each place where it occurs) substitute “ CMA ”.

11
12

(2A) A notice under this section may be issued on the CMA's behalf by any member of the CMA Board.

13

In section 64CA (enforcement of notices under section 64C), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

14

“the CMA” means the Competition and Markets Authority; “the CMA Board” has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and

Gas Act 1986 (c. 44)

15

The Gas Act 1986 is amended as follows.

16
17

(2A) Except where specified otherwise in Schedule 4A, the functions of the CMA with respect to an appeal under section 23B are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

18
19
20
21
22

In section 27 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

23

(7) The functions of the CMA with respect to a reference under section 41E (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 41EB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

24
25

In section 41EA (references under section 41E: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

26

In section 41EB (references under section 41E: application of the Enterprise Act 2002), in subsection (4)—

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

27
28

In section 48 (interpretation of Part 1), in subsection (1), after the definition of “calorific value” insert—

“the CMA” means the Competition and Markets Authority;

.

29

“authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

,

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

, and

Electricity Act 1989 (c. 29)

30

The Electricity Act 1989 is amended as follows.

31
32

(2A) Except where specified otherwise in Schedule 5A, the functions of the CMA with respect to an appeal under section 11C are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

33
34
35
36
37

In section 15 (modification by order under other enactments), in subsection (1) for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

38

(7) The functions of the CMA with respect to a reference under section 56C (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 56CB) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

39
40

In section 56CA (references under section 56C: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

41

In section 56CB (references under section 56C: application of Enterprise Act 2002), in subsection (4)—

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

42
43

In section 64 (interpretation etc of Part 1), in subsection (1), after the definition of “authorised supplier” insert—

“the CMA” means the Competition and Markets Authority;

.

44

“authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

,

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

, and

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

45

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 is amended as follows.

46

In section 26 (consideration of applications made under section 25), in subsection (3), for “Director” substitute “ CMA ”.

47

In section 31 (rules of conduct), in subsection (2), for “Director” (in each place where it occurs) substitute “ CMA ”.

48
49
50

In section 41A (enforcement of notices under section 41), in subsections (1) and (2), for “Office of Fair Trading” (in each place where it occurs) substitute “ CMA ”.

51

In section 44 (interpretation of Part 2)—

“the CMA” means the Competition and Markets Authority;

, and

Water Industry Act 1991 (c. 56)

52

The Water Industry Act 1991 is amended as follows.

53

(3D) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by subsection (3B) read with section 16B).

54

(6A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).

55

In section 14A (references under section 14: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

56
57

In section 16 (modification following report), in subsections (1) and (4A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

58
59
60

In section 17 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

61

(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 17M and 17Q).

62

In section 17L (references under section 17K: time limits), in subsections (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

63
64

In section 17O (water supply licences: modification following report), in subsections (1) and (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

65
66
67

In section 17R (water supply licences: modification by order under other enactments), in subsection (1), for “OFT, the Commission” substitute “ CMA ”.

68

In section 219 (general interpretation), in subsection (1)—

Railways Act 1993 (c. 43)

69

The Railways Act 1993 is amended as follows.

70

(10) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 13B and 15C).

71

In section 13A (references under section 13: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

72

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

73
74

In section 15 (modification following report), in subsections (1), (4A), (4C) and (4D), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

75
76
77

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

78

In section 16 (modification by order under other enactments), in subsection (1), for “OFT, the Competition Commission” substitute “ CMA ”.

79
80

In section 83 (interpretation of Part 1), in subsection (1)—

81

(10) The functions of the CMA with respect to a reference under this paragraph are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraphs 10A and 15).

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

, and

Utilities Act 2000 (c. 27)

82

The Utilities Act 2000 is amended as follows.

83
84

Section 104 (specialist members of the Competition Commission) is omitted.

Transport Act 2000 (c. 38)

85

The Transport Act 2000 is amended as follows.

86

(8A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 12B and 18).

87

In section 12A (references under section 12: time limits), in subsections (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

88

In section 12B (references under section 12: application of Enterprise Act 2002), in subsection (4)—

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

89
90
91
92
93
94

— (a) the words “, OFCOM or the Secretary of State” were omitted; and (b) for the words “their functions” there were substituted “ its functions ”.

95

In section 19 (modification by order under other enactments), in subsection (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

96

Communications Act 2003 (c. 21)

97

The Communications Act 2003 is amended as follows.

98
99

Section 194 (composition of Competition Commission for price control references) is omitted.

100

In section 197 (interpretation of Chapter 3), before the definition of “network access” insert—

Energy Act 2004 (c. 20)

101

The Energy Act 2004 is amended as follows.

102
103

(2A) Except where specified otherwise in Schedule 22, the functions of the CMA with respect to appeals under section 173 are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

104
105

Section 176 is omitted.

106

Section 177 is omitted.

107

“authorised member of the CMA”— (a) in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

,

“the CMA” means the Competition and Markets Authority;” “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

, and

Legal Services Act 2007 (c. 29)

108

The Legal Services Act 2007 is amended as follows.

109
110
111

(5) Where a reference is made to the chair of the CMA under this section for the constitution of a group, the functions of the CMA under section 60, in relation to the matter concerned, are to be carried out on behalf of the CMA by the group so constituted (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by section 60(9)).

112
113
114

In section 66 (Board's power to recommend orders), in subsection (3)(b), for “OFT” substitute “ CMA ”.

115

In section 67 (effect of Board's designation as approved regulator), in subsection (3), for “OFT” substitute “ CMA ”.

116

In section 207 (interpretation), in subsection (1)—

the CMA” means the Competition and Markets Authority;

, and

117
118
119
120
121
122
123

In Schedule 24 (index of defined expressions)—

CMA section 207

, and

Postal Services Act 2011 (c. 5)

124

The Postal Services Act 2011 is amended as follows.

125

(12A) The CMA's functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013

.

126

In section 60 (section 59: supplementary), in subsections (1) and (4) to (6), for “Commission” (in each place where it occurs) substitute “ CMA ”.

Health and Social Care Act 2012 (c. 7)

127

The Health and Social Care Act 2012 is amended as follows.

128

(4A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).

129

In section 102 (modification of conditions by order under other enactments), in subsection (1), for “Office of Fair Trading, Competition Commission” substitute “ CMA ”.

130

In section 103 (standard condition as to transparency of certain criteria), in subsection (3)—

131

(5A) Except where specified otherwise in Schedule 12, the functions of the CMA with respect to a reference under this section (including functions relating to the making of changes following a determination on a reference) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

132
133

In section 122 (changes following determination on reference under section 120), in subsections (1) and (2), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

134
135

(4A) The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of changes following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 10 of Schedule 10).

136
137

In section 150 (interpretation etc. of Part 3), in subsection (1), after the definition of “anti-competitive behaviour” insert—

“the CMA” means the Competition and Markets Authority;

.

138
139

(1) Where the CMA makes a determination on a reference under section 120 it must make an order requiring the payment to it of the costs it incurred in connection with the reference.

, and

Civil Aviation Act 2012 (c. 19)

140

The Civil Aviation Act 2012 is amended as follows.

141
142
143

In section 26 (when appeals may be allowed), for “Competition Commission” substitute “ Competition and Markets Authority ”.

144
145
146
147

(4) Except where specified otherwise in Schedule 2, the functions of the Competition and Markets Authority with respect to an appeal under section 24 or 25 are to be carried out on behalf of the Competition and Markets Authority by a group constituted for the purpose, by the chair of the Competition and Markets Authority, under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

148

(4A) For the purposes of sub-paragraphs (1) to (4), the consent of the Competition and Markets Authority is to be given by an authorised member of the Competition and Markets Authority.

, and

“authorised member of the Competition and Markets Authority— (a) in relation to a power exercisable in connection with an appeal or application or direction in respect of which a group has been constituted by the chair of the Competition and Markets Authority under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the Competition and Markets Authority to exercise that power; (b) in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal or application or direction in respect of which a group has not been so constituted by the chair of the Competition and Markets Authority, means— (i) any member of the CMA Board who is also a member of the CMA panel, or (ii) any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question;

,

“CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

.

PART 2 — Amendments to other enactments

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

149

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

150

In article 2 (interpretation), in paragraph (2), before the definition of “the Department” insert—

151

(7A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).

152

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

153
154

In article 17 (modification following report), in paragraphs (1) and (5), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

155
156

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

157

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

158

The Gas (Northern Ireland) Order 1996 is amended as follows.

159

In article 2 (interpretation), in paragraph (2), before the definition of “construction” insert—

“the CMA” means the Competition and Markets Authority;

.

160

(8A) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 15B and 17A).

161

In article 15A (references under article 15: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

162
163

In article 17 (modification following report), in paragraphs (1) and (5A), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

164
165

In article 18 (modification by order under other statutory provisions), in paragraph (1), for “Office of Fair Trading, the Competition Commission” substitute “ CMA ”.

166

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

167

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

168
169

In article 38 (modification of licences), in paragraphs (1) and (2), for “, the Office of Fair Trading or the Competition Commission” (in each place where those words occur) substitute “ or the Competition and Markets Authority ”.

170

(4) In this Schedule, “the CMA” means the Competition and Markets Authority.

(7) The functions of the CMA with respect to a reference under this paragraph (including functions under sections 109 to 115 of the Enterprise Act 2002, as applied by paragraph 5) are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172)

171

The Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 is amended as follows.

172

In article 2 (interpretation), in paragraph (1), for the definition of “the Commission” substitute—

“the CMA” means the Competition and Markets Authority;

.

173

(13) The functions of the CMA with respect to a reference under this article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by articles 5 and 10).

174

In article 4 (references: time limits), in paragraphs (2) and (3), for “Commission” (in each place where it occurs) substitute “ CMA ”.

175

In article 5 (references: powers of investigation), in paragraph (4)(a), for paragraph (i) substitute—

(i) the words “, OFCOM or the Secretary of State” were omitted;

.

176
177
178
179
180

(i) the words “, OFCOM or the Secretary of State” were omitted;

.

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

181

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

182

In article 2 (interpretation), in paragraph (2)—

183

(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act, as applied by paragraph (5) read with Article 27).

184

(7) The functions of the CMA with respect to a reference under this Article are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by Articles 23 and 27).

185

In article 22 (references under article 21: time limits), in paragraphs (2) and (3), for “Competition Commission” (in each place where it occurs) substitute “ CMA ”.

186
187

In article 25 (modifications following report), in paragraphs (1) and (5), for “Competition Commission” substitute “ CMA ”.

188
189
190

In article 28 (modification by order under other statutory provisions), in paragraph (1)—

191

In article 57 (restrictions on disclosure of information), in sub-paragraph (7), for “Competition Commission” substitute “ CMA ”.

Legal Services (Scotland) Act 2010 (asp 16)

192

The Legal Services (Scotland) Act 2010 is amended as follows.

193

In section 8 (pre-approval consideration), in subsection (1)(b), for “OFT” substitute “ CMA ”.

194

In section 15 (initial considerations), in subsections (1) and (2), for “OFT” (in each place where it occurs) substitute “ CMA ”.

195

In section 28 (communicating outside), in subsection (1)(e), for “OFT” substitute “ CMA ”.

196

In section 49 (majority ownership), in subsection (5)(b)(iii), for “OFT” substitute “ CMA ”.

197
198

In section 92 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

199

In section 103 (certification of bodies), in subsections (4) and (5), for “OFT” (in each place where it occurs) substitute “ CMA ”.

200
201

In section 122 (particular rules), in subsection (2), for “OFT” substitute “ CMA ”.

202

In section 125 (citizens advice bodies), in subsection (4)(b), for “OFT” substitute “ CMA ”.

203

In section 147 (further modification), in subsection (3)(d), for “OFT” substitute “ CMA ”.

204

“CMA” means Competition and Markets Authority,”, and

205

In schedule 2 (directions), in paragraph 4, in sub-paragraph (3), for “OFT” (in each place where it occurs) substitute “ CMA ”.

206

In schedule 5 (amendment of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

207

In schedule 6 (rescission of authorisation), in paragraph 4, in sub-paragraph (2)(b)(i), for “OFT” substitute “ CMA ”.

208

In schedule 7 (surrender of authorisation), in paragraph 3, in sub-paragraph (1)(a)(ii), for “OFT” substitute “ CMA ”.

209

In schedule 9 (index of expressions used), in the first table, in the column headed “Whole Act expressions”—

SCHEDULE 7

Interim measures following references under section 22 or 33

1

Part 3 of the 2002 Act (mergers) is amended as follows.

2

(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects, accept from such of the parties concerned as it considers appropriate undertakings to take such action as it considers appropriate.

(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an undertaking under this section.

3

(2A) Where the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken, it may by order, for the purpose of restoring the position to what it would have been had the action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in subsection (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(2B) A person may, with the consent of the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this section.

Interim measures: public interest and special interest cases

4

(2A) Sub-paragraph (2B) applies where— (a) an intervention notice or special intervention notice is in force, and (b) the Secretary of State or the CMA has reasonable grounds for suspecting that pre-emptive action has or may have been taken. (2B) The Secretary of State or (as the case may be) the CMA may by order, for the purpose of restoring the position to what it would have been had the pre-emptive action not been taken or otherwise for the purpose of mitigating its effects— (a) do anything mentioned in sub-paragraph (2)(b) to (d); (b) impose such other obligations, prohibitions or restrictions as it considers appropriate for that purpose.

(2C) A person may, with the consent of the Secretary of State or (as the case may be) the CMA, take action or action of a particular description where the action would otherwise constitute a contravention of an order under this paragraph by the Secretary of State or (as the case may be) the CMA.

— (a) the Secretary of State or (as the case may be) the CMA has reasonable grounds for suspecting that it is or may be the case that two or more enterprises have ceased to be distinct or that arrangements are in progress or in contemplation which, if carried into effect, will result in two or more enterprises ceasing to be distinct; or (b) the order relates to a special merger situation which has been, or may have been, created.

(12) In this paragraph “pre-emptive action” means action which might prejudice the reference or possible reference concerned under section 45 or (as the case may be) 62 or impede the taking of any action under this Part which may be justified by the Secretary of State's decisions on the reference.

Interim measures: duration of interim orders under section 72

5

— (i) if the CMA accepts an undertaking under section 80 or makes an order under section 81, on the acceptance of the undertaking or the making of the order, and (ii) otherwise on the final determination of the reference concerned;

.

SCHEDULE 8

1

Part 3 of the 2002 Act (mergers) is amended as follows.

2

In section 22 (duty to make references in relation to completed mergers), in subsection (3)—

(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;

, and

3

In section 33 (duty to make references in relation to anticipated mergers), in subsection (3)—

(za) the period within which the CMA is required by section 34ZA to decide whether the duty to make the reference applies has expired without such a decision having been made;

, and

4

After section 34 insert—

(34ZA) (1) In carrying out its function of deciding whether to make a reference under section 22 or 33, the CMA shall, within the initial period— (a) decide whether the duty to make a reference under the section applies (taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3)); and (b) inform the persons carrying on the enterprises concerned by notice of the decision and of the reasons for it. (2) Nothing in this section prevents the CMA from making a reference under section 22 or 33 in the event that— (a) it decides that the duty to make a reference does not apply because it is considering whether to accept undertakings under section 73; but (b) no such undertakings are offered or accepted. (3) In this section— - “the initial period” means (subject to any extension under section 34ZB) the period of 40 working days beginning with— 1. where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and 2. in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference; - “working day” means any day which is not— 1. a Saturday, a Sunday, Good Friday or Christmas Day, or 2. a day which is a bank holiday in England and Wales. (4) For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to— (a) arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or (b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect. (5) Nothing in this section applies where section 34A(2) or 46A(2) applies (duties where case referred by the European Commission). (34ZB) (1) The CMA may extend the initial period mentioned in section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question. (2) In subsection (1), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (3) For the purposes of subsection (2), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (4) Where an intervention notice is in force in relation to the matter concerned, the CMA may extend the initial period by no more than 20 working days. (5) The CMA may by notice extend the initial period if the European Commission is considering a request made, in relation to the matter concerned, by the United Kingdom (whether alone or with others) under article 22(1) of the EC Merger Regulation (but is not yet proceeding with the matter in pursuance of such a request). (6) An extension under subsection (1) or (4) comes into force when published under section 107. (7) An extension under subsection (1) 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. (8) An extension under subsection (5) shall be for the period which— (a) begins when notice is given under that subsection, and (b) ends when the CMA gives notice of the completion by the European Commission of its consideration of the request of the United Kingdom. (9) In this section, “working day” has the same meaning as in section 34ZA. (34ZC) (1) An extension of the period mentioned in section 34ZA(1) may be made under each of subsections (1), (4) or (5) of section 34ZB. (2) No more than one extension is possible under section 34ZB(4). (3) Where a period is extended or further extended under section 34ZB(1), (4) or (5), 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 mentioned in section 34ZA(1) is further extended; (b) the further extension and at least one previous extension is made under one or more of subsections (1) and (5) of section 34ZB; 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) are to be disregarded. (6) The Secretary of State may by order do either or both of the following— (a) amend section 34ZA so as to alter the period of 40 working days mentioned in subsection (3) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) amend section 34ZB so as to alter the period of 20 working days mentioned in subsection (4) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 34ZA(3) exceeding 40 working days; or (b) the period for the time being mentioned in section 34ZB(4) exceeding 20 working days. (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. (9) In this section, “working day” has the same meaning as in section 34ZA.

5

(8A) In the case of a report on a reference under section 33, the CMA may provide that a specified period of no more than 3 weeks is to be disregarded for the purposes of any time-limit for the preparation and publication of the report which applies by virtue of this section if— (a) a relevant person has so requested before the end of the period of 3 weeks beginning with the date of the reference concerned; and (b) the CMA reasonably believes that the arrangements in question might be abandoned. (8B) If the CMA exercises the power under subsection (8A), the CMA shall publish a notice to that effect.

6

After section 41 (duty to remedy effects of completed or anticipated mergers) insert—

(41A) (1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under section 38. (2) The CMA may extend, by no more than 6 weeks, the period within which its duty under section 41(2) shall 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 41(2) shall be discharged if it considers that a relevant person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109 which is given in relation to the reference. (4) In subsection (3), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (5) For the purposes of subsection (4), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (6) An extension under subsection (2) or (3) comes into force when published under section 107. (7) 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. (41B) (1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2). (2) No more than one extension is possible under section 41A(2). (3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to 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 must discharge its duty under section 41(2) is further extended; (b) the further extension and at least one previous extension is made under section 41A(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) are to be disregarded. (6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods— (a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period; (b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or (b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks. (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.

7

After section 73 (undertakings in lieu of references under section 22 or 33) insert—

(73A) (1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) must do so before the end of the period of 5 working days beginning with— (a) the day after the CMA gives the person the notice required by section 34ZA(1)(b); or (b) in a case where subsection (2) of section 34A applies, the day after the CMA gives the person the notice required by paragraph (b) of that subsection. (2) If an undertaking is offered for those purposes, the CMA shall, before the end of the period of 10 working days beginning with the day mentioned in subsection (1)— (a) decide whether there are reasonable grounds for believing that the undertaking or a modified version of it might be accepted by the CMA under section 73(2), and (b) if it considers that it might be, give notice to the person who offered the undertaking that it is considering it. (3) If such a notice is given, the CMA shall decide whether to accept the undertaking before the end of the period of 50 working days beginning with the day mentioned in subsection (1). (4) The CMA may extend the period mentioned in subsection (3), by no more than 40 working days, if it considers that there are special reasons for doing so. (5) The CMA shall prepare and publish guidance in relation to the exercise of its power under subsection (4). (6) The CMA may revise any such guidance and, where it does so, shall publish the revised statement. (7) The CMA may extend the period mentioned in subsection (3) if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice given under section 109 in relation to the case in question. (8) In subsection (7), “relevant person” means— (a) any person carrying on any of the enterprises concerned; (b) any person who (whether alone or as a member of a group) owns or has control of any such person; or (c) any officer, employee or agent of any person mentioned in paragraph (a) or (b). (9) For the purposes of subsection (8), a person or group of persons able, directly or indirectly, to control or materially influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it. (10) An extension under subsection (4) or (7) comes into force when published under section 107. (11) An extension under subsection (7) 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. (12) In this section and section 73B, “working day” means any day which is not— (a) a Saturday, a Sunday, Good Friday or Christmas Day, or (b) a day which is a bank holiday in England and Wales. (73B) (1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under section 73A(4). (2) No more than one extension is possible under section 73A(4). (3) Where a period is extended or further extended under section 73A(4) or (7), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to 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 must discharge its duty under section 73A(3) is further extended, (b) the further extension and at least one previous extension is made under section 73A(7), 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) are to be disregarded. (6) The Secretary of State may by order amend section 73A so as to alter one or more of the periods for the time being mentioned in the section. (7) But no alteration may be made by virtue of subsection (6) which results in— (a) the period mentioned in section 73A(1) exceeding 5 working days; (b) the period mentioned in section 73A(2) exceeding 10 working days; (c) the period mentioned in section 73A(3) exceeding 50 working days; (d) the period mentioned in section 73A(4) exceeding 40 working days. (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.

8

(aa) shall contain the prescribed information;

.

(2A) Where the CMA is satisfied that a merger notice meets the requirements of subsection (2), it shall give notice to that effect to the person who gave the merger notice.

9

Sections 97 and 98 (period for considering merger notices) are omitted.

10
11
12
13

SCHEDULE 9

1

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

2

; and (d) in the case of a cross-market reference, the feature or features concerned and the descriptions of goods or services to which it or they relate.

3

(1A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

(2A) For the purposes of this Part, in relation to a cross-market reference, there is an adverse effect on competition if a feature or a combination of the features specified in the reference, as that feature or combination of features relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

4

In section 138 (duty to remedy adverse effects), in subsection (5), after “the market” insert “ or markets ”.

5

(2A) The CMA shall, on a cross-market reference, decide in relation to each feature and each combination of the features specified in the reference, whether the feature or combination of features, as it relates to goods or services of one or more than one of the descriptions so specified, prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

6

In section 147 (remedial action by the Secretary of State), in subsection (5), after “the market” insert “ or markets ”.

7

In section 154 (undertakings in lieu of references), in subsection (4), after “the market” insert “ or markets ”.

8

(A1) No market investigation reference shall be made by the CMA or the appropriate Minister in relation to any feature, or combination of features, of a market in the United Kingdom for goods or services if— (a) the CMA has accepted an undertaking or group of undertakings under section 154 within the previous 12 months; (b) the feature or combination of features to which the undertaking or group of undertakings relates is the same as the feature or combination of features to which the reference would relate; and (c) the goods or services to which the undertaking or group of undertakings relates are of the same description as the goods or services to which the reference would relate.

9
Cross-market reference Section 131(6)

.

Ordinary reference Section 131(6)

.

SCHEDULE 10

1

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

2
3

In section 132 (ministerial power to make references), in subsection (4)—

— (a)

, and

; or (b) a reference has been made under section 140A(6) in relation to the same matter but has not been finally determined.

4

In section 135 (variation of references), in subsection (1), for “by it or (as the case may be) by him” substitute “ by it under section 131 or (as the case may be) by the appropriate Minister under section 132 ”.

5

(a) the matter to which the market study notice or (as the case may be) the consultation under section 169 concerned relates; (b) the date of publication of that notice or (as the case may be) on which the process of consultation began;”, and

(4A) An intervention notice under section 139(1) shall also cease to be in force if— (a) it mentions a public interest consideration which was not finalised on the giving of the notice or public interest considerations which, at that time, were not finalised; (b) no other public interest consideration is mentioned in the notice; (c) at least 24 weeks has elapsed since the giving of the notice; (d) the public interest consideration mentioned in the notice has not been finalised within that period of 24 weeks or (as the case may be) none of the public interest considerations mentioned in the notice has been finalised within that period of 24 weeks; and (e) the Secretary of State has not, by the end of that period of 24 weeks, made a reference under section 140A in relation to the matter. (4B) Subsection (4D) applies in a case where— (a) an intervention notice ceases to be in force in accordance with subsection (4A); (b) the CMA has, before the time at which the notice ceases to be in force, prepared a market study report in relation to the matter within the period permitted by section 131B(4) and given it to the Secretary of State in accordance with section 140A(3)(b); and (c) the report contains the decision of the CMA that it should make a reference in relation to the matter concerned under section 131. (4C) Subsection (4D) also applies in a case where— (a) an intervention notice ceases to be in force in accordance with subsection (4A); and (b) the CMA has, before the time at which the notice ceases to be in force— (i) decided that it should make an ordinary reference or a cross-market reference under section 131 in relation to the matter concerned; and (ii) given a document containing its decision, the reasons for it and such information as the CMA considers appropriate for facilitating a proper understanding of the reasons for its decision to the Secretary of State in accordance with section 140A(3)(c). (4D) In a case to which this subsection applies— (a) the CMA shall, as soon as reasonably practicable, make a reference in relation to the matter under section 131; and (b) the reference is to be treated for the purposes of this Part as having been made in accordance with the requirements imposed by this Part.

(za) the CMA accepts an undertaking under section 154 instead of making a reference under section 131 in relation to the matter; (zb) the CMA publishes notice that it has otherwise decided not to make a reference under section 131 in relation to the matter; (zc) the period permitted for the preparation by the CMA of the market study report in relation to the matter and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3) has expired and no such report has been so prepared or no such action has been taken; (zd) the Secretary of State makes a reference under section 140A(5) in relation to the matter;

,

(za) in a case falling within subsection (5)(za), the acceptance of the undertaking concerned; (zb) in a case falling within subsection (5)(zb), the publication of the notice concerned;

,

(aa) in a case falling within subsection (5)(zd), the making of the reference concerned;

.

(6A) In subsection (6)(za) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (5)(za) and (6)(za).

6

After section 140A (inserted by section 35) insert—

(140B) (1) The Secretary of State may at any time vary a restricted PI reference or a full PI reference. (2) The Secretary of State shall consult the CMA before varying any such reference. (3) But subsection (2) does not apply if the CMA requested the variation concerned. (4) No variation under this section is capable of altering the public interest consideration or considerations specified in the reference.

7

(1) This section applies where the Secretary of State makes a restricted PI reference.

8

; and (d) in the case of a report in relation to a full PI reference in respect of which the Secretary of State appointed a public interest expert, a summary of the views of the expert.

(2A) A summary of the views of a public interest expert in a report under this section shall be approved by the expert before action is taken in relation to the report under section 143A(2) or (3).

9

(A1) This section applies in relation to a report prepared under section 142 in respect of a restricted PI reference.

10

After section 143 insert—

(143A) (1) This section applies in relation to a report prepared under section 142 in respect of a full PI reference. (2) The CMA shall publish the report if it contains— (a) the decision of the CMA that there is no adverse effect on competition; (b) the decision of the CMA that there is an adverse effect on competition but that the feature or combination of features which gave rise to it does not operate and may not be expected to operate against the public interest; or (c) the decisions of the CMA that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest but, on the question mentioned in section 141A(5)(a), and in relation to each effect adverse to the public interest concerned, that no action should be taken by the Secretary of State. (3) The CMA shall give the report to the Secretary of State if it contains the decisions of the CMA— (a) that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest; and (b) in relation to at least one effect adverse to the public interest concerned, that action should be taken by the Secretary of State. (4) The Secretary of State shall publish, no later than publication of the Secretary of State's decision under section 146A(2) in relation to the case, a report of the CMA given to the Secretary of State under subsection (3) and not required to be published by virtue of section 148A(3).

11

(1A) For the purposes of subsection (1), the “relevant date” is— (a) in the case of a report in relation to a restricted PI reference or to a full PI reference which specifies that the Secretary of State does not propose to appoint a public interest expert, the date of the reference; (b) in the case of a report in relation to a full PI reference which specifies that the Secretary of State proposes to appoint a public interest expert, the earliest of the following— (i) the date of the appointment of the expert; (ii) the date on which the Secretary of State gives notice to the CMA that the Secretary of State no longer intends to appoint such an expert; (iii) the end of the period of 2 months beginning with the date of the reference.

12
13
14

After section 146 insert—

(146A) (1) Subsection (2) applies where the Secretary of State has received a report of the CMA in relation to a full PI reference which— (a) has been prepared under section 142; (b) contains the decisions of the CMA that there is one or more than one adverse effect on competition and that one or more than one of the features or combinations of features that gave rise to an adverse effect on competition operates or may be expected to operate against the public interest and that, in relation to at least one effect adverse to the public interest concerned, action should be taken by the Secretary of State; and (c) has been given to the Secretary of State as required by section 143A(3). (2) The Secretary of State shall decide whether to make an adverse public interest finding in relation to the matter and whether to make no finding at all in the matter. (3) For the purposes of this Part, the Secretary of State makes an adverse public interest finding in relation to a matter if, in relation to that matter, the Secretary of State decides— (a) that there is an adverse effect on competition; (b) that there is one or more than one admissible public interest consideration which is relevant to the matter; and (c) taking account only of any adverse effect on competition and any relevant admissible public interest consideration or considerations, that any feature or combination of features which gave rise to an adverse effect on competition operates or may be expected to operate against the public interest. (4) The Secretary of State may make no finding at all in a matter only if the Secretary of State decides that there is no admissible public interest consideration which is relevant to a consideration of the matter concerned. (5) In deciding whether to make an adverse public interest finding under subsection (2), the Secretary of State shall accept the decision of the CMA as to whether there is an adverse effect on competition in relation to the matter. (6) The Secretary of State shall make and publish the decision under subsection (2) within the period of 90 days beginning with the receipt of the report of the CMA under section 142. (7) In this section “admissible public interest consideration” means a public interest consideration which— (a) was mentioned in the intervention notice concerned; and (b) was not disregarded by the CMA for the purposes of its report under section 142.

15

In section 147 (remedial action by Secretary of State), in the heading, at the beginning, insert “ Restricted PI references: ”.

16

After section 147 insert—

(147A) (1) Subsection (2) applies where the Secretary of State has decided under subsection (2) of section 146A within the period required by subsection (6) of that section to make an adverse public interest finding in relation to a matter and has published the decision within the period so required. (2) The Secretary of State may take such action under section 159 or 161 as the Secretary of State considers to be reasonable and practicable to remedy, mitigate or prevent any of the effects adverse to the public interest which have resulted from, or may be expected to result from, the features or combinations of features in question. (3) In making a decision under subsection (2), the Secretary of State shall, in particular, have regard to the report of the CMA under section 142. (4) In making a decision under subsection (2), the Secretary of State may, in particular, have regard to— (a) the need to achieve as comprehensive a solution as is reasonable and practicable to the effects adverse to the public interest concerned; and (b) any detrimental effects on customers so far as resulting from those effects.

17
18

After section 148 insert—

(148A) (1) This section applies if— (a) the Secretary of State decides under section 146A(2) to make no finding at all in the matter; or (b) the Secretary of State fails to make and publish the decision under subsection (2) of section 146A within the period required by subsection (6) of that section. (2) The CMA shall proceed under section 138 as if— (a) a reference under section 131 had been made (in accordance with the requirements imposed by this Part) instead of a full PI reference; and (b) its report had been prepared and published under section 136 within the period permitted by section 137. (3) The CMA shall publish the report which has been prepared by it under section 142 (if still unpublished) as soon as it becomes able to proceed by virtue of subsection (2). (4) In relation to proceedings by virtue of subsection (2), the reference in section 138(3) to decisions of the CMA included in its report by virtue of section 134(4) is to be construed as a reference to decisions which were included in the report of the CMA by virtue of section 141A(6). (5) Where the CMA becomes under a duty to proceed as mentioned in subsection (2), references in this Part to a reference under section 131, so far as necessary, are to be construed accordingly. (6) Where the CMA, in proceeding by virtue of subsection (2), intends to proceed in a way which is not consistent with its decisions as included in its report by virtue of section 141A(6), it shall not so proceed without the consent of the Secretary of State. (7) The Secretary of State shall not withhold consent under subsection (6) unless the Secretary of State believes that the proposed alternative way of proceeding will operate against the public interest. (8) For the purposes of subsection (7) a proposed alternative way of proceeding will operate against the public interest only if any admissible public interest consideration or considerations outweigh the considerations which have led the CMA to propose proceeding in that way. (9) In deciding whether to withhold consent under subsection (6), the Secretary of State shall accept the CMA's view of what, if the only relevant consideration were how to remedy, mitigate or prevent the adverse effect on competition concerned or any detrimental effect on customers so far as resulting from the adverse effect on competition, would be the most appropriate way to proceed. (10) In this section “admissible public interest consideration” has the same meaning as in section 146A.

19
20

In section 150 (power of veto of Secretary of State: undertakings in lieu), before subsection (1) insert—

(A1) Where an intervention notice under subsection 139(1) is in force, the CMA shall not, without the consent of the Secretary of State, accept any proposed undertaking under section 154 in relation to the matter concerned.

21

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

22

In section 152 (certain duties in relation to providing information), omit subsection (2).

23

In section 155 (undertakings in lieu: procedural requirements), in subsection (3)(a), at the end insert “ or (but for the effect of section 140A(3)) it would have had power to make and which it would otherwise have intended to make ”.

24

“the relevant authority” means— (a) in the case of a restricted PI reference or a full PI reference, the Secretary of State; (b) in any other case, the CMA.

25

In section 158 (interim orders: Part 4), in subsection (1)(b), after “143(3)” insert “ or (as the case may be) 143A(3) ”.

26

In section 159 (final undertakings: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.

27
28

In section 161 (final orders: Part 4), in subsection (2), after “147” insert “ or (as the case may be) 147A ”.

29

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

  1. in the case of the Secretary of State, any decision by the Secretary of State—
  2. to make a reference under section 132;
  3. to vary under section 135 such a reference;
  4. in a case where the Secretary of State is required to make a reference under section 140A, whether to make a reference under subsection (5) or (6) of that section; or
  5. to vary under section 140B a reference made under section 140A(6).
30

(da) any reference made by him under section 140A(5) or (6); (db) any variation made by him under section 140B of a reference under section 140A(6);

, and

31

In section 177 (excisions from reports: Part 4), in subsection (5), omit “, 143(2) and (5) to (7), 148(3) to (5)”.

32

(v) the Secretary of State has failed to make and publish a decision under subsection (2) of section 146 within the period permitted by subsection (3) of that section or (as the case may be) under subsection (2) of section 146A within the period permitted by subsection (6) of that section and the reference is finally determined under paragraph (a) above;

,

(via) the Secretary of State has made no finding at all under section 146A(2) and the reference is finally determined under paragraph (a) above;

,

(viia) the Secretary of State has made an adverse public interest finding under section 146A(2) but has decided under section 147A(2) neither to accept an undertaking under section 159 nor to make an order under section 161;

, and

; or (ix) the Secretary of State has made an adverse public interest finding under section 146A(2) and has accepted an undertaking under section 159 or made an order under section 161.

33
Adverse public interest finding Section 146A(3)

.

Full PI reference Section 140A(12)

.

Public interest expert Section 141B(4)

.

Restricted PI reference Section 140A(12)

.

SCHEDULE 11

Enforcement of investigation powers

1

After section 174 of the 2002 Act insert—

(174A) (1) Where the CMA considers that a person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174, it may impose a penalty in accordance with section 174D. (2) The CMA may proceed (whether at the same time or at different times) under subsection (1) and section 138A(3) in relation to the same failure. (3) Where the CMA considers that a person has intentionally obstructed or delayed another person in the exercise of its powers under section 174(7), it may impose a penalty in accordance with section 174D. (4) A person commits an offence if the person intentionally alters, suppresses or destroys any document which the person has been required to produce by a notice under section 174. (5) But a person does not commit an offence under subsection (4) in relation to any act which constitutes a failure to comply with a notice under section 174 if the CMA has proceeded against the person under subsection (1) in relation to that failure. (6) A person who commits an offence under subsection (4) is 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 2 years or to a fine or to both. (7) The CMA shall not proceed against a person under subsection (1) in relation to an act which constitutes an offence under subsection (4) if that person has been found guilty of that offence. (8) In deciding whether and, if so, how to proceed under subsection (1) or (3) or section 138A(3), the CMA shall have regard to the statement of policy which was most recently published under section 174E at the time the failure or (as the case may be) the obstruction or delay concerned occurred. (9) In this section— (a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and (b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form. (174B) (1) No penalty shall be imposed by virtue of section 174A(1) or (3) if more than 4 weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part. (2) In the following provisions of this section, “the section 174 power” means the power under section 174 to which the failure or (as the case may be) the obstruction or delay in question relates. (3) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(a), the relevant day is the day when the CMA finally concludes the carrying out of its section 5 functions. (4) Where the section 174 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked. (5) Except where subsection (3) or (4) applies, the relevant day is the day determined in accordance with the following provisions of this section. (6) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a possible reference under section 131, the relevant day is the day when the CMA finally decides whether to make the reference. (7) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a reference under section 131 or 132, the relevant day is the day when the reference is finally determined (see section 183). (8) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a possible reference under section 140A(5) or (6), the relevant day is the day when the Secretary of State makes the reference. (9) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a reference under section 140A(6), the relevant day is the day when the reference is finally determined (see section 183). (174C) (1) For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if— (a) the CMA publishes the market study report under section 131B(4) or (as the case may be) gives it to the Secretary of State under section 140A(3)(b); or (b) the period permitted for the preparation by the CMA of the market study report and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3)(b) expires and no such report has been so prepared or no such action has been taken. (2) For the purpose of section 174B(3), the time when the CMA finally concludes the carrying out of its section 5 functions is— (a) in a case falling within subsection (1)(a), the publication of the report or (as the case may be) the giving of it to the Secretary of State; (b) in a case falling within subsection (1)(b), the expiry of the period concerned. (3) For the purpose of section 174B(6), the CMA finally decides whether to make a reference under section 131 if— (a) the CMA makes such a reference; (b) the CMA accepts an undertaking under section 154 instead of making such a reference; (c) the CMA publishes notice that it has otherwise decided not to make such a reference; or (d) the period permitted for the preparation by the CMA of a market study report in relation to the matter and for the report to be published under section 131B(4) has expired and no such report has been so prepared or published. (4) For the purpose of section 174B(6), the time when the CMA finally decides whether to make a reference under section 131 is— (a) in a case falling within subsection (3)(a), the making of the reference; (b) in a case falling within subsection (3)(b), the acceptance of the undertaking concerned; (c) in a case falling within subsection (3)(c), the publication of the notice concerned; (d) in a case falling within subsection (3)(d), the expiry of the period concerned. (5) In subsection (4)(b) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section 154, be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (3)(b) and (4)(b). (174D) (1) A penalty imposed under section 174A(1) or (3) shall be of such amount as the CMA considers appropriate. (2) In the case of a penalty imposed under section 174A(1), the amount may be— (a) a fixed amount; (b) an amount calculated by reference to a daily rate; or (c) a combination of a fixed amount and an amount calculated by reference to a daily rate. (3) In the case of a penalty imposed under section 174A(3), the amount shall be a fixed amount. (4) A penalty imposed under section 174A(1) shall not— (a) in the case of a fixed amount, exceed such amount as the Secretary of State may by order specify; (b) in the case of an amount calculated by reference to a daily rate, exceed such amount per day as the Secretary of State may so specify; and (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day as the Secretary of State may so specify. (5) A penalty imposed under section 174A(3) shall not exceed such amount as the Secretary of State may by order specify. (6) An order under subsection (4) or (5) shall not specify— (a) in the case of a fixed amount, an amount exceeding £30,000; (b) in the case of an amount calculated by reference to a daily rate, an amount per day exceeding £15,000; and (c) in the case of a fixed amount and an amount calculated by reference to a daily rate, a fixed amount exceeding £30,000 and an amount per day exceeding £15,000. (7) Before making an order under subsection (4) or (5), the Secretary of State shall consult— (a) the CMA; and (b) such other persons as the Secretary of State considers appropriate. (8) In imposing a penalty by reference to a daily rate— (a) no account is to be taken of any days before the service on the person concerned of notice of the penalty under section 112 (as applied by subsection (10)); and (b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (9). (9) Those days are— (a) the day on which the requirement of the notice concerned under section 174 is satisfied; (b) the day which is the relevant day in the case in question for the purposes of section 174B. (10) Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (3) as they apply in relation to a penalty imposed under section 110(1) or (3). (174E) (1) The CMA shall prepare and publish a statement of policy in relation to the enforcement of notices given under section 174. (2) The statement shall, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 174A(1) or (3). (3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement. (4) The CMA shall consult such persons as it considers appropriate when preparing or revising its statement of policy.

Investigation powers: miscellaneous consequential amendments

2

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

3

Omit section 175 (enforcement of powers under section 174: offences).

4

Omit section 176 (investigation powers of the Commission).

5

In section 179 (review of decisions under Part 4), in subsection (2)(a), for “section 110(1) or (3) as applied by section 176” substitute “ section 174A(1) or (3) ”.

6

SCHEDULE 12

Market studies and decisions whether to make a reference under section 131

1

Before section 131 of the 2002 Act (power to make market investigation references) insert—

(130A) (1) Where the CMA is proposing to carry out its functions under section 5 in relation to a matter for the purposes mentioned in subsection (2), the CMA must publish a notice under this section (referred to in this Part as a “market study notice”). (2) The purposes are— (a) to consider the extent to which a matter in relation to the acquisition or supply of goods or services of one or more than one description in the United Kingdom has or may have effects adverse to the interests of consumers; and (b) to assess the extent to which steps can and should be taken to remedy, mitigate or prevent any such adverse effects. (3) A market study notice shall, in particular, specify— (a) the matter in relation to which the CMA is proposing to carry out its functions under section 5; (b) the period during which representations may be made to the CMA in relation to the matter; and (c) the dates by which the CMA is required to comply with the requirements imposed on it by sections 131A and 131B.

2

After section 131 of that Act insert—

(131A) (1) This section applies to a case where the CMA has published a market study notice and— (a) the CMA is proposing to make a reference under section 131 in relation to the matter specified in the notice; or (b) a representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that such a reference should be made but the CMA is proposing not to make such a reference. (2) The CMA shall— (a) publish notice of the proposal concerned; and (b) consult the relevant persons about the proposal, in such manner as it considers practicable, before deciding whether to make a reference. (3) The CMA may, for the purposes of subsection (1), ignore any representation which it considers to be frivolous or vexatious. (4) For the purposes of subsection (2), a person is a “relevant person” if the CMA considers that its decision whether to make a reference is likely to have a substantial impact on the person's interests. (5) In consulting a person for the purposes of this section, the CMA shall, so far as practicable, give its reasons for the proposal. (6) In considering what is practicable for the purposes of this section, the CMA shall, in particular, have regard to— (a) the restrictions imposed by the time-table for making the decision (see section 131B); and (b) any need to keep what is proposed, or the reasons for it, confidential. (131B) (1) Where the CMA has published a market study notice in a case to which section 131A applies, the CMA shall, within the period of 6 months beginning with the date on which it publishes the notice— (a) publish the notice under section 131A(2)(a); and (b) begin the process of consultation under section 131A(2)(b) (but the CMA need not complete the process within that period). (2) Subsection (3) applies where— (a) the CMA has published a market study notice; (b) no representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that a reference under section 131 should be made in relation to the matter specified in the notice; and (c) the CMA has decided not to make such a reference. (3) The CMA shall, within the period of 6 months beginning with the date on which it publishes the market study notice, publish notice of the decision not to make a reference. (4) Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes the notice, prepare and publish a report (referred to in this Part as a “market study report”) which sets out— (a) the findings of the CMA in relation to the matter specified in the notice; and (b) the action (if any) which the CMA proposes to take in relation to the matter. (5) In a case to which section 131A applies, the market study report shall, in particular, contain— (a) the decision of the CMA to make a reference under section 131 in relation to the matter specified in the market study notice, the decision to accept an undertaking under section 154 instead of making such a reference or (as the case may be) the decision otherwise not to make such a reference; (b) the CMA's reasons for the decision; and (c) such information as the CMA considers appropriate for facilitating a proper understanding of its reasons for the decision. (6) Where a market study report contains a decision of the CMA to make a reference under section 131 in relation to a matter, the CMA shall, at the same time as it publishes the report, make the reference. (7) This section is subject to section 140A (duty of Secretary of State to refer in public interest intervention cases). (131C) (1) The Secretary of State may by order amend section 131B so as to alter one or more of the following periods— (a) the period of 6 months mentioned in subsection (1) or (3) or any period for the time being mentioned in either of those subsections in substitution for that period; (b) the period of 12 months mentioned in subsection (4) or any period for the time being there mentioned in substitution for that period. (2) But no alteration may be made by virtue of subsection (1) which results in— (a) the period for the time being mentioned in subsection (1) or (3) exceeding 6 months; or (b) the period for the time being mentioned in subsection (4) exceeding 12 months. (3) Before making an order under this section the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

Market investigations and reports

3

(2A) The CMA may extend, by no more than 6 months, the period within which its report under section 136 is to be prepared and published if it considers that there are special reasons for doing so. (2B) An extension under subsection (2A) shall come into force when published under section 172. (2C) No more than one extension is possible under subsection (2A).

(3) The Secretary of State may by order amend this section so as to alter one or more of the following periods— (a) the period of 18 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period; (b) the period of 6 months mentioned in subsection (2A) or any period for the time being there mentioned in substitution for that period.

(4) But no alteration shall be made by virtue of subsection (3) which results in— (a) the period for the time being mentioned in subsection (1) exceeding 18 months; or (b) the period for the time being mentioned in subsection (2A) exceeding 6 months.

Remedies implementation

4

In section 138 of the 2002 Act (duty to remedy adverse effects), in subsection (2), after “shall,” insert “ within the period permitted by section 138A, ”.

5

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

(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).

— (a)

,

; (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.

— (a)

,

;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

— (a)

, and

; 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.

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”—

(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

14

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

.

(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

(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;

.

(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
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

(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

(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

(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

(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

(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

(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

(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

(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.

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

(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.

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

(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.

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

(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.

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

(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

(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.

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

(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.

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—

(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)—

(f) the Northern Ireland Authority for Utility Regulation;

.

12

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

(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
19

(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.

(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.

20

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

21
22

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

23

(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) 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.

24

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

25
26
27
28
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)—

33
34

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

35
36

(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);

.

(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);

.

(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);

.

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

(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);

.

37

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

38

(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.

(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—

(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—

(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

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

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

(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

(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

(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.

10

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

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

(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.

13

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

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
19

(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
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
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)—

14

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

15
16
17
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
25
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
30

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

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

(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

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
38

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

39
40
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
44
45
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
49

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

50
51

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

52

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

53

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

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)—

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

,

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

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

.

(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
64

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

65

(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).

(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.

(24A) Provision requiring adjudicators— (a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications, (b) to make files and records available for inspection by persons of a prescribed description, and (c) to provide files and records, or copies of them, to persons of a prescribed description. (24B) Provision requiring an adjudicator to make returns to the Secretary of State of the adjudicator's business under Part 9 of this Act. (24C) Provision requiring official receivers— (a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications, and (b) to make files and records available for inspection by persons of a prescribed description. (24D) Provision requiring a person to whom notice is given under section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)— (a) to keep files and other records of notices given under the section in question, and (b) to make files and records available for inspection by persons of a prescribed description.

66
263O False representations or omissions in connection with a bankruptcy application. 1On indictment2Summary 17 years or a fine, or both.212 months or the statutory maximum, or both.

SCHEDULE 20

1

In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “ If the dwelling-house is in Wales, the authority ”.

2

The repeals and revocations in the following table have effect.

SCHEDULE 21

PART 1 — Notification of TV sales etc

Wireless Telegraphy Act 1967 (c. 72)

1

The Wireless Telegraphy Act 1967 (the remaining provisions of which make provision for, and in connection with, the recording and notification of the sale or hire of televisions etc) is repealed.

2

In consequence, the repeals in the following table have effect.

Saving provision

3

The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not affect the construction of any provision mentioned in subsection (1)(i) or (ii) of that section that continues to have effect after the commencement of the repeal.

PART 2 — Water undertakers: in-area ban

Water Industry Act 1991 (c. 56)

4

In section 2 of the Water Industry Act 1991 (general duties with respect to water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the Water Services Regulation Authority where a licensed water supplier is connected to a relevant undertaker).

PART 3 — Bankruptcy early discharge procedure

Insolvency Act 1986 (c. 45)

5

In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit subsection (2) (bankrupt discharged early if official receiver files with the court a notice stating that investigation of the conduct and affairs of the bankrupt is unnecessary or concluded).

SCHEDULE 22

PART 1 — Regulation of licensing bodies

1

In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—

SCHEDULE A1 (1) (1) The Secretary of State may by regulations make provision for a licensing body to be required to adopt a code of practice that complies with criteria specified in the regulations. (2) The regulations may provide that, if a licensing body fails to adopt such a code of practice, any code of practice that is approved for the purposes of that licensing body by the Secretary of State, or by a person designated by the Secretary of State under the regulations, has effect as a code of practice adopted by the body. (3) The regulations must provide that a code is not to be approved for the purposes of provision under sub-paragraph (2) unless it complies with criteria specified in the regulations. (2) Regulations under paragraph 1 may make provision as to conditions that are to be satisfied, and procedures that are to be followed— (a) before a licensing body is required to adopt a code of practice as described in paragraph 1(1); (b) before a code of practice has effect as one adopted by a licensing body as described in paragraph 1(2). (3) (1) The Secretary of State may by regulations make provision— (a) for the appointment of a person (the “licensing code ombudsman”) to investigate and determine disputes about a licensing body's compliance with its code of practice; (b) for the reference of disputes to the licensing code ombudsman; (c) for the investigation and determination of a dispute so referred. (2) Provision made under this paragraph may in particular include provision— (a) about eligibility for appointment as the licensing code ombudsman; (b) about the disputes to be referred to the licensing code ombudsman; (c) requiring any person to provide information, documents or assistance to the licensing code ombudsman for the purposes of an investigation or determination; (d) requiring a licensing body to comply with a determination of the licensing code ombudsman; (e) about the payment of expenses and allowances to the licensing code ombudsman. (4) (1) The Secretary of State may by regulations make provision— (a) for the appointment by the Secretary of State of a person (the “code reviewer”) to review and report to the Secretary of State on— (i) the codes of practice adopted by licensing bodies, and (ii) compliance with the codes of practice; (b) for the carrying out of a review and the making of a report by that person. (2) The regulations must provide for the Secretary of State, before appointing a person as the code reviewer, to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees, members of licensing bodies, and the Intellectual Property Office. (3) The regulations may, in particular, make provision— (a) requiring any person to provide information, documents or assistance to the code reviewer for the purposes of a review or report; (b) about the payment of expenses and allowances to the code reviewer. (4) In this paragraph “member”, in relation to a licensing body, means a person on whose behalf the body is authorised to negotiate or grant licences. (5) (1) The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with— (a) a requirement to adopt a code of practice under provision within paragraph 1(1); (b) a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2); (c) a requirement imposed on the body under any other provision made under this Schedule; (d) an authorisation under regulations under section 116A or 116B; (e) a requirement imposed by regulations under section 116A or 116B; (f) an authorisation under regulations under paragraph 1A or 1B of Schedule 2A; (g) a requirement imposed by regulations under paragraph 1A or 1B of that Schedule. (2) The regulations may in particular provide for— (a) the imposition of financial penalties or other sanctions; (b) the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member. (3) The regulations must include provision— (a) for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1); (b) for determining any sanction that may be imposed in respect of the failure to comply; (c) for an appeal against a determination within paragraph (a) or (b). (4) A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000. (5) The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations. (6) The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination. (6) (1) The Secretary of State may by regulations require a licensing body to which regulations under any other paragraph of this Schedule apply to pay fees to the Secretary of State. (2) The aggregate amount of fees payable under the regulations must not be more than the cost to the Secretary of State of administering the operation of regulations under this Schedule. (7) (1) The power to make regulations under this Schedule includes in particular power— (a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it; (b) to make provision for bodies of a particular description, or carrying out activities of a particular description, not to be treated as licensing bodies for the purposes of requirements imposed under regulations under this Schedule; (c) to make provision that applies only in respect of licensing bodies of a particular description, or only in respect of activities of a particular description; (d) otherwise to make different provision for different purposes. (2) Regulations under a paragraph of this Schedule may amend Part 1 or Part 2, or any other enactment or subordinate legislation passed or made before the paragraph in question comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it. (3) The power to make regulations is exercisable by statutory instrument. (4) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (8) References in this Schedule to a licensing body are to a body that is a licensing body for the purposes of Chapter 7 of Part 1 or Chapter 2 of Part 2, and references to licensees are to be construed accordingly.

PART 2 — Performers' rights

2

Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of performers' property rights) is amended as follows.

3

In the heading of the Schedule omit “property”.

4

In paragraph 1, after sub-paragraph (4) insert—

(5) Schedule A1 confers powers to provide for the regulation of licensing bodies.

5

After paragraph 1 insert—

(1A) (1) The Secretary of State may by regulations provide for the grant of licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where— (a) the performer's consent would otherwise be required under that section, but (b) the right to authorise or prohibit the act qualifies as an orphan right under the regulations. (2) The regulations may— (a) specify a person or a description of persons authorised to grant licences, or (b) provide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences. (3) The regulations must provide that, for a right to qualify as an orphan right, it is a requirement that the owner of the right has not been found after a diligent search made in accordance with the regulations. (4) The regulations must provide for any licence— (a) to have effect as if granted by the missing owner; (b) not to give exclusive rights; (c) not to be granted to a person authorised to grant licences. (5) The regulations may apply in a case where it is not known whether a performer's right subsists, and references to a right, to a missing owner and to an interest of a missing owner are to be read as including references to a supposed right, owner or interest. (1B) (1) The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant licences to do, or authorise the doing of, acts to which section 182, 182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a performance, where the right to authorise or prohibit the act is not owned by the body or a person on whose behalf the body acts. (2) An authorisation must specify the acts to which any of those sections applies that the licensing body is authorised to license. (3) The regulations must provide for the rights owner to have a right to limit or exclude the grant of licences by virtue of the regulations. (4) The regulations must provide for any licence not to give exclusive rights. (1C) (1) This paragraph and paragraph 1D apply to regulations under paragraphs 1A and 1B. (2) The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations. (3) The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences. (4) The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including— (a) the deduction of administrative costs; (b) the period for which sums must be held; (c) the treatment of sums after that period (as bona vacantia or otherwise). (5) The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn. (6) The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision— (a) for determining the rights and obligations of any person if a right ceases to qualify as an orphan right (or ceases to qualify by reference to any rights owner), or if a rights owner exercises the right referred to in paragraph 1B(3), while a licence is in force; (b) about maintenance of registers and access to them; (c) permitting the use of a work for incidental purposes including an application or search; (d) for a right conferred by section 205C to be treated as having been asserted under section 205D; (e) for the payment of fees to cover administrative expenses. (1D) (1) The power to make regulations includes power— (a) to make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it; (b) to make transitional, transitory or saving provision; (c) to make different provision for different purposes. (2) Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it. (3) Regulations may make provision by reference to guidance issued from time to time by any person. (4) The power to make regulations is exercisable by statutory instrument. (5) A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

6

In section 205A of the Copyright, Designs and Patents Act 1988, and in the italic heading before that section (licensing of performers' property rights), omit “property”.

Conciliation before institution of proceedings

Conciliation before institution of proceedings

Extended power to define “relevant proceedings” for conciliation purposes

Composition of Employment Appeal Tribunal

Composition of Employment Appeal Tribunal

Confidentiality of negotiations before termination of employment

Power to reduce compensation where disclosure not made in good faith

Power to reduce compensation where disclosure not made in good faith

Worker subjected to detriment by co-worker or agent of employer

Extension of meaning of “worker”

Tribunal procedure: miscellaneous

Indexation of amounts: timing and rounding

Renaming of “compromise agreements”, “compromise contracts” and “compromises”

Abolition of the Competition Commission and the OFT

Investigation powers: mergers

Investigation powers: mergers

Interim measures: pre-emptive action: mergers

Interim measures: financial penalties: mergers

Power of CMA to make cross-market references

Ministerial power to make cross-market references

Public interest interventions in markets investigations

Public interest interventions in markets investigations

Investigation powers: markets

Market studies and market investigations: consultation and time-limits

Civil enforcement of investigation powers

Penalties: guidance etc.

Review of operation of Part 1 of 1998 Act

Review of operation of Part 1 of 1998 Act

Powers of sectoral regulators

Powers of sectoral regulators

Sunset and review provisions

Listed buildings in England: certificates of lawfulness

Listed buildings in England: certificates of lawfulness

Equality Act 2010: obtaining information for proceedings

Inspection plans

Civil liability for breach of health and safety duties

Penalties under provision amending exceptions: copyright and rights in performances

Penalties under provision implementing Directive on term of protection

Payments to directors: minor and consequential amendments

Payments to directors: minor and consequential amendments

Redress schemes: lettings agency work

Power to add to supplies protected under Insolvency Act 1986

Transitional, transitory or saving provision

Transitional, transitory or saving provision

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Employment Tribunals Act 1996 (c. 17)

Employment Rights Act 1996 (c. 18)

National Minimum Wage Act 1998 (c. 39)

Employment Act 2008 (c. 24)

Pensions Act 2008 (c. 30)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Employment Rights Act 1996 (c. 18)

National Minimum Wage Act 1998 (c. 39)

Employment Relations Act 1999 (c. 26)

Pensions Act 2008 (c. 30)

Equality Act 2010 (c. 15)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

Employment Tribunals Act 1996 (c. 17)

Employment Rights Act 1996 (c. 18)

Agency Workers Regulations 2010 (S.I. 2010/93)

Membership

Terms and conditions

Term of appointment

Re-appointment

Remuneration etc of members

Resignation

Termination of membership

Status

Chief executive and other staff

Annual plan

Performance report

Concurrency report

Documents

Membership of committees and sub-committees

Additional powers

Public records

Parliamentary Commissioner

Disqualification

Freedom of information

Equality

Membership

Functions

Delegation

Proceedings

Validity

Reference of matter to the chair

The CMA panel

Membership of CMA panel

Constitution of CMA groups

Membership of CMA groups

Termination of person's membership of a CMA group

Replacement of a member of a CMA group

Continuity on removal or replacement

Attendance of other members

Powers of chair pending group's constitution and first meeting

Performance of functions of chair with respect to constitution etc of CMA group

Independence of groups

Casting votes

Requirement to make rules of procedure for certain groups

Procedure of other CMA groups

CMA group decision: requirement for two thirds majority

Interpretation

Members of the Competition Commission

Financial years of the CMA

First annual plan of the CMA

Part 1

Part 2

Part 3

Part 4

Part 6

Part 11

Amendments of the 1998 Act

Amendments of the 2002 Act

Competition Act 1980 (c. 21)

Solicitors (Scotland) Act 1980 (c. 46)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Communications Act 2003 (c. 21)

Energy Act 2004 (c. 20)

Legal Services Act 2007 (c. 29)

Postal Services Act 2011 (c. 5)

Health and Social Care Act 2012 (c. 7)

Civil Aviation Act 2012 (c. 19)

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

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

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

Water Services etc (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (SI 2005/3172)

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

Legal Services (Scotland) Act 2010 (asp 16)

Interim measures following references under section 22 or 33

Interim measures: public interest and special interest cases

Interim measures: duration of interim orders under section 72

Enforcement of investigation powers

Investigation powers: miscellaneous consequential amendments

Market studies and decisions whether to make a reference under section 131

Market investigations and reports

Remedies implementation

Time-limits: public interest intervention cases

Time-limits: consequential and other minor amendments

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Transport Act 2000 (c. 38)

Communications Act 2003 (c. 21)

Postal Services Act 2011 (c. 5)

Health and Social Care Act 2012 (c. 7)

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

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

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

Civil Aviation Act 1982 (c. 16)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Competition Act 1998 (c. 41)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Enterprise Act 2002 (c. 40)

Office of Communications Act 2002 (c. 11)

Railways and Transport Safety Act 2003 (c. 20)

Communications Act 2003 (c. 21)

Health and Social Care Act 2012 (c. 7)

Civil Aviation Act 2012 (c. 19)

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

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

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

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

National Heritage Act 1983 (c. 47)

Town and Country Planning Act 1990 (c. 8)

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

Application

Wireless Telegraphy Act 1967 (c. 72)

Saving provision

Water Industry Act 1991 (c. 56)

Insolvency Act 1986 (c. 45)

Editorial notes

[^c2181362]: S. 2 wholly in force at 25.6.2013; s. 2 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(a)

[^c2181314]: S. 7 partly in force; s. 7 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181315]: S. 9 partly in force; s. 9 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181364]: S. 11 partly in force; s. 11 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181365]: S. 12 wholly in force at 25.6.2013; s. 12 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(b)

[^c2181366]: s. 15 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(b)

[^c2181316]: S. 16 partly in force; s. 16 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181367]: S. 20 wholly in force at 25.6.2013; s. 20 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(b)

[^c2181368]: S. 21 wholly in force at 25.6.2013; s. 21 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(b)

[^c2181317]: S. 31 partly in force; s. 31 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181318]: S. 32 partly in force; s. 32 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2186736]: S. 36 partly in force; s. 36 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181320]: S. 38 partly in force; s. 38 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181321]: S. 40 partly in force; s. 40 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181322]: S. 42 partly in force; s. 42 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181323]: S. 45 partly in force; s. 45 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181324]: S. 47 partly in force; s. 47 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181325]: S. 48 partly in force; s. 48 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181326]: S. 49 partly in force; s. 49 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181327]: S. 50 partly in force; s. 50 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181328]: S. 51 partly in force; s. 51(1)-(4) in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181360]: S. 60 partly in force; s. 60 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181361]: S. 61 partly in force; s. 61 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181329]: S. 63 partly in force; s. 63 in force for specified purposes at 25.6.2013, see s. 103(2)(f)

[^c2181336]: S. 69 partly in force; s. 69 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181337]: S. 71 partly in force; s. 71 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181338]: S. 73 partly in force; s. 73 in force for specified purposes at 25.6.2013, see s. 103(2)(g)

[^c2181339]: S. 79 partly in force; s. 79 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181340]: S. 83 partly in force; s. 83 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181341]: S. 84 partly in force; s. 84 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181342]: S. 85 partly in force; s. 85 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181343]: S. 87 partly in force; s. 87 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181344]: S. 88 partly in force; s. 88 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181345]: S. 89 partly in force; s. 89 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181346]: S. 90 partly in force; s. 90 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181347]: S. 91 partly in force; s. 91 in force for specified purposes at Royal Assent, see s. 103(1)(i)

[^c2181369]: S. 97 wholly in force at 25.6.2013; s. 97 in force for specified purposes at Royal Assent and otherwise in force at 25.6.2013, see s. 103(1)(i)(2)(e)

[^c2181348]: Sch. 8 para. 4 partly in force; sch. 8 para. 4 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181349]: Sch. 8 para. 6 partly in force; sch. 8 para. 6 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181350]: Sch. 8 para. 7 partly in force; sch. 8 para. 7 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181351]: Sch. 11 para. 1 partly in force; sch. 11 para. 1 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181352]: Sch. 11 para. 6 partly in force; sch. 11 para. 6 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181353]: Sch. 12 para. 2 partly in force; sch. 12 para. 2 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181354]: Sch. 12 para. 3 partly in force; sch. 12 para. 3 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181355]: Sch. 12 para. 16 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181356]: Sch. 16 partly in force; sch. 16 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181357]: Sch. 18 partly in force; sch. 18 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181358]: Sch. 19 para. 59 partly in force; sch. 19 para. 59 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^c2181359]: Sch. 19 para. 65 partly in force; sch. 19 para. 65 in force for specified purposes at Royal Assent, see s.103(1)(i)

[^key-916d274907f8dec2b857b52f6550e19e]: S. 19 in force at 25.6.2013 by S.I. 2013/1455, art. 2(a) (with art. 4(2))

[^key-a99602223b78449e4647cfd7d6c8deb4]: S. 72(1) in force at 25.6.2013 by S.I. 2013/1455, art. 2(b) (with art. 4(2))

[^key-2010e7f6d022c95bf12b9cee67175518]: S. 72(4) in force at 25.6.2013 for specified purposes by S.I. 2013/1455, art. 2(c), Sch. 1 (with art. 4(2))

[^key-e20616598b4d426cc8770cca2f22718f]: Sch. 20 para. 2 in force at 25.6.2013 for specified purposes by S.I. 2013/1455, art. 2(c), Sch. 1 (with art. 4(2))

[^key-24810ed767c0db4c05055904a4d24a64]: S. 63 in force at 25.6.2013 for specified purposes by S.I. 2013/1455, art. 2(d) (with art. 4(2))

[^key-3413f8f7ae160910859debf6cca2c4c9]: Sch. 17 para. 9 in force at 25.6.2013 by S.I. 2013/1455, art. 2(d) (with art. 4(2))

[^key-1637b723ccb0792681f70a8a7a710939]: Sch. 17 para. 20 in force at 25.6.2013 by S.I. 2013/1455, art. 2(d) (with art. 4(2))

[^key-1152a730325abfd77eb5aa60ef7cbfc4]: S. 14 in force at 29.7.2013 by S.I. 2013/1648, art. 2(a)

[^key-97eeb2382edf4eb4a3a6e0befc6db23c]: S. 23 in force at 29.7.2013 by S.I. 2013/1648, art. 2(c)

[^key-904f8314fc387ef8ba729f7d088b7ef5]: Sch. 20 para. 1 in force at 1.10.2013 by S.I. 2013/1455, art. 3(a) (with art. 4(1)-(3))

[^key-4dc73e9a543160700683c2c123756e66]: S. 72(4) in force at 1.10.2013 for specified purposes by S.I. 2013/1455, art. 3, Sch. 2 (with art. 4(1)-(2), (4), Sch. 3)

[^key-e83f14e04c0baef67e462bbb4d360a78]: Sch. 20 para. 2 in force at 1.10.2013 for specified purposes for E. by S.I. 2013/1455, art. 3(b), Sch. 2 (with art. 4(1)-(2), (4), Sch. 3)

[^key-b4e1ce4287488b776d5a82bfd4e67971]: S. 25(1)(2)(4) in force at 1.10.2013 by S.I. 2013/2227, art. 2(a)

[^key-d9ce710ce961d3c5607e86337f93bc05]: S. 27 in force at 1.10.2013 by S.I. 2013/2227, art. 2(b)

[^key-4d8937e651c0eef76289a36032de967e]: S. 65 in force at 1.10.2013 by S.I. 2013/2227, art. 2(c) (with art. 4)

[^key-cceb609f7c7ca9359ab35f235a0586b6]: S. 67 in force at 1.10.2013 by S.I. 2013/2227, art. 2(d)

[^key-a7319b84ed51729d08074cf97236d0d3]: S. 68 in force at 1.10.2013 by S.I. 2013/2227, art. 2(e) (with art. 5)

[^key-1a9769847396eb9756d2661638a31e1b]: S. 69 in force at 1.10.2013 in so far as not already in force by S.I. 2013/2227, art. 2(f)

[^key-8412067600f2ab588c37b8057667bdc4]: S. 70 in force at 1.10.2013 by S.I. 2013/2227, art. 2(g)

[^key-abd35e38739569168f6ac81d962cdd34]: S. 79 in force at 1.10.2013 in so far as not already in force by S.I. 2013/2227, art. 2(h)

[^key-8f0cd00e642e3fb2b7537f9f9af28fed]: S. 80 in force at 1.10.2013 by S.I. 2013/2227, art. 2(h)

[^key-8f869d50c215e1e5b22103ab8a6f2792]: S. 81 in force at 1.10.2013 by S.I. 2013/2227, art. 2(h)

[^key-20ab74b450a377e92df1652e47794f34]: S. 82 in force at 1.10.2013 by S.I. 2013/2227, art. 2(h)

[^key-308b90aa35bf792f81e5f80b6d83a670]: S. 90(7) in force at 1.10.2013 in so far as not already in force by S.I. 2013/2227, art. 2(i)

[^key-e2a8aa6e3f7e811847b43190c84b5840]: Sch. 4 para. 52 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(I) (with art. 3)

[^key-2367082cfddf44a86ab1727930881ec7]: Sch. 4 para. 1 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-a3fa4f1eb2b6e4ee26c60b7eac77b0e6]: Sch. 4 para. 2 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-539577092afd51cc06f7fa95047be89f]: Sch. 4 para. 3 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-8743d1309f4db9daf0bc819530fe9723]: Sch. 4 para. 4 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-abcf8bec8b0e5b27f46c90ff2e314683]: Sch. 4 para. 5 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-8defdc5230633e387af3af89ef75f26a]: Sch. 4 para. 6 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-3b5a6291bf4161d5399cc8bfa59381d3]: Sch. 4 para. 7 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-9b321ef6fec4b35228e5b10013739d31]: Sch. 4 para. 8 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-deab412d6e000dd4b13261054cfe3c18]: Sch. 4 para. 9 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-aaced9a18c20c5b625f59cc171822fd2]: Sch. 4 para. 10 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-6f9c9f4c845434f6cf1876615e499dc2]: Sch. 4 para. 11 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-b4db354dec348683519356e1a25aabeb]: Sch. 4 para. 12 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-5f138595535535f8ebb5701d661054d9]: Sch. 4 para. 13 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-c43099a1727234cca4452c340f458a47]: Sch. 4 para. 14 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-ea4f7fe9fb7e127d00e7d64c248c4679]: Sch. 4 para. 15 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-ffc439e04d47c2202eb674fab4aa2a25]: Sch. 4 para. 16 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-2cbb3687e2daea1c5707fcde5dc40f5a]: Sch. 4 para. 17 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-539c8e083c2f7d4554339f2a61cb2e5f]: Sch. 4 para. 18 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-74c4e5eb64093477098bcd2033338b77]: Sch. 4 para. 20 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-5e60a1c00f3172374b014afa6a307470]: Sch. 4 para. 21 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-60ae845ba3adb2985c88a71c3fdfad54]: Sch. 4 para. 22 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-3b0043cba1c6c9cd0dde46d53df587cc]: Sch. 4 para. 23 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-1be62fc503762f176f3f103f2d256caf]: Sch. 4 para. 24 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-e73d29a938cb92a5277a241244a4de43]: Sch. 4 para. 25 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-ba3906c7b6e2b65531d025c63172ea6e]: Sch. 4 para. 26 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-53fbeb3875422feb64771b5b6ad0ab8f]: Sch. 4 para. 27 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-347c8711a2f78bce1f376709043f7393]: Sch. 4 para. 28 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-302e000f84497948f4215297575b7f83]: Sch. 4 para. 29(1) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-7288ce0972ad3751e770811a6ac0ac50]: Sch. 4 para. 31 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-ae3cb03c473e20e7eb68e391d0487ce9]: Sch. 4 para. 32 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-befbcc80b09c9d9ec32863f0ec1e9cc4]: Sch. 4 para. 34 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-98153292ed2f89dc01856c37a2d8b675]: Sch. 4 para. 35 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-1b8a0e08efb3e57becad6971c063538c]: Sch. 4 para. 59 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-c3ffbc05dd51192473a601cb51552e8f]: Sch. 4 para. 60 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-092fe3caeb2b21619c229fcbb984c7f0]: Sch. 4 para. 61(1)-(4) in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-0bb9e527792ec1576fa8f8286d41d8c1]: Sch. 4 para. 62 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-1d29433c750db774a8e4edead3e1f68d]: Sch. 4 para. 63 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-ddeb6e8e54b263abffb56f1405c58f0b]: Sch. 4 para. 64 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-595ed06910535f7365105372d2d2bfd1]: Sch. 4 para. 65 in force at 1.10.2013 by S.I. 2013/2227, art. 2(j) (with art. 3)

[^key-27e06f742e59394f4dd71ade41d2e24c]: Sch. 4 para. 51 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(k) (with art. 3)

[^key-4ac3dbf218a465b95a9dbd4a7ca8ee78]: Sch. 4 para. 53 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(k) (with art. 3)

[^key-e8a4d63cc403487b85940e99702037b8]: S. 63 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(m)

[^key-49b0fa6e451af6428e57038f5ec6c3df]: Sch. 17 para. 1 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-311323012880b811bc7af779b01f9f3d]: Sch. 17 para. 2 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-39e82b19c17981eead13b0e3255fc57b]: Sch. 17 para. 3 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-55ace362e039961727a77cfef6ad3bb8]: Sch. 17 para. 4 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-a42a723b46492b9a797809fd7d699d03]: Sch. 17 para. 5 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-ffc716b48133bc575229b9ae04b3f606]: Sch. 17 para. 6 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-4370cd7bb64998457572d343321cc98f]: Sch. 17 para. 10 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-db7a701178d1ae570b4790574b19ab6f]: Sch. 17 para. 12 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-c44cebbb5e337af6d314c151c25142c8]: Sch. 17 para. 13 in force at 1.10.2013 by S.I. 2013/2227, art. 2(m)

[^key-eb37f085625c91988cf665a0b23e89c5]: S. 73 in force at 1.10.2013 for specified purposes by S.I. 2013/2227, art. 2(n) (with art. 6)

[^key-67f71ec54e64cd346e40ce8c5f05cd6d]: Sch. 21 para. 5 in force at 1.10.2013 by S.I. 2013/2227, art. 2(n) (with art. 6)

[^key-db1f5fa20ab68e1b3ff3ad25d767703e]: S. 72(2) in force at 16.12.2013 by S.I. 2013/2979, art. 2(a)

[^key-ed91fc5b984ff12ef20b392c9cd70637]: S. 72(3) in force at 16.12.2013 by S.I. 2013/2979, art. 2(b)

[^key-413633293f8ee8580e288d415d6c5241]: S. 72(4) in force at 16.12.2013 for specified purposes for E. by S.I. 2013/2979, art. 2(c), Sch. Pt. 1 (with art. 4)

[^key-e1e1c5f90fc0841436fc3f39020d4cbe]: Sch. 20 para. 2 in force at 16.12.2013 for specified purposes for E. by S.I. 2013/2979, art. 2(c), Sch. Pt. 1 (with art. 4)

[^key-23cf4747fc2f31ee7093048243739b79]: S. 72(4) in force at 16.12.2013 for specified purposes by S.I. 2013/2979, art. 2(d), Sch. Pt. 2

[^key-07197392b67f897dd93ccba8c2898538]: Sch. 20 para. 2 in force at 16.12.2013 for specified purposes by S.I. 2013/2979, art. 2(d), Sch. Pt. 2

[^key-b5f4e69d432bff27fc15fd6b0cf48fde]: Sch. 4 para. 35(1)(ca) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 5 para. 2(2); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

[^key-7aabea07bcadeeebd6284267daf5981e]: Sch. 4 para. 38(5A) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 5 para. 2(3); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

[^key-0c409a5b37764f7d8f5a66006df22f3b]: Sch. 4 para. 48(4)(c)(v) inserted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 5 para. 2(4); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

[^key-8f7862af61bfcbd724d652100d19f667]: Sch. 1 para. 2 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

[^key-0ae1cdb4d9b75b8084f7f169cc515b9c]: Sch. 1 para. 3 in force at 6.3.2014 in so far as not already in force by S.I. 2014/253, art. 2

[^key-51ede5ade13f1a0894af7cbdaef8a3bb]: S. 7(2) in force at 6.3.2014 for specified purposes by S.I. 2014/253, art. 2

[^key-a56c7ba8cdf11245033178da6a59140f]: S. 72(4) in force at 31.3.2014 for specified purposes for E. by S.I. 2013/2979, art. 3 (as amended (26.3.2014) by S.I. 2014/824, art. 2(a))

[^key-d6df2885748a94548df1521253eef110]: Sch. 20 para. 2 in force at 31.3.2014 for specified purposes for E. by S.I. 2013/2979, art. 3 (as amended (26.3.2014) by S.I. 2014/824, art. 2(a))

[^key-1d370982c161028db9554826654af250]: Sch. 4 para. 35(3) modified by SI 2003/1592 Sch. 4 para. 18(a) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-473328a05333dcdb1357a180e7cb149d]: Sch. 4 para. 47(1)(2) modified by SI 2003/1592 Sch. 4 para. 18(b)(c) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-6d52188da4a9a5fa3f52d47ae6c20128]: Sch. 4 para. 51(6)(b) modified by SI 2003/1592 Sch. 4 para. 18(d) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-06533ee0d9a141a54a2002d0751ba932]: Sch. 4 para. 53(9) modified by SI 2003/1592 Sch. 4 para. 18(e) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-43fd4cd71a0b27c26e027b48670a049c]: Sch. 4 para. 56(1) modified by SI 2003/1592 Sch. 4 para. 18(f) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-beb1b054dfcd558cd0ef8ae9ae9d90b1]: Sch. 4 para. 56(4) modified by SI 2003/1592 Sch. 4 para. 18(g) (as inserted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 19(5) (with arts. 20-23))

[^key-ee5eee74181a3f4425edb01e7ab188ec]: S. 25(3) in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(a) (with Sch.)

[^key-e72ced2a46349c3cc1cbacee18bee6e0]: S. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(a) (with Sch.)

[^key-f19569983f4f379fedb5c7f90b159b62]: S. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-e9fff7e92cc2ee8329b5c7a6a65fa03c]: S. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-4afa41d21fc0db3baeb891cbcf3218f6]: S. 31 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-9296ab8b6846e18e27705fd461253a4c]: S. 32 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-cdc3e935afe43a741c4722326ed7bfa6]: S. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-d62b12ccb76a90a298b3a7cd6a889a8b]: S. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-183f089e547308954febe9c7bfe27ccc]: S. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-df6143f1a4dad7abb4fa24f6227e599e]: S. 36 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-e17a470d961eabdeb50d337248b25d17]: S. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-aef730e7f92c30909bdba23fbd39c0e7]: S. 38 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-2159f2daec82ba8d9f5600cb05d36889]: S. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-1343a8c5d647c1b60beb4045fae727e5]: S. 40 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-173b6901689a5ba1ed8c1c070b14926e]: S. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-2681b915ff36f915b5376bfd4b6cfba6]: S. 42 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-c5e9878b96b1f4ad6f3ff04212d9875b]: S. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-5a5fc186ced0e506bb7e123dcc940525]: S. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-b98d28a7cf7e5498fef19111015a46f7]: S. 45 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-49de39f8cdaee4f0b7b6895d8e3ba07e]: S. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-c4f5a735b2e9c2ba1e62ad3d1732a604]: S. 47 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-8d422d90e494a7f3a6b1ea95bd403c2f]: S. 48 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-c3f35016e1b15b1a5e2aca43e0fb735c]: S. 49 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-585bff46f9c2bb084a5f8fa9e48e62b7]: S. 50 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-b5f2eeebf7f5edaddfd35df15d7076b3]: S. 51(1)-(4) in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-65bdef7ee75df295819dbe0de74d16dd]: S. 51(5) in force at 1.4.2014 for specified purposes by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-74838cb3d4f4b5764abfe0ce97a24aab]: S. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-dac1d943b2b74f6a4b19a4985ce0b355]: S. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-5fd21030e051a757555a474f996d200d]: S. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-162398fd4a3c6f172e391d76081905c5]: S. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-018cbb09fda4bd46c4fe6ba630b6c9d5]: S. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(b) (with Sch.)

[^key-f98eb909fab6c11cde1bf00f915525b8]: Sch. 4 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-e518e343dbf2391d72be8fda2e56416b]: Sch. 4 para. 29(2)(3) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-2a37fd313f02236652245d481657dc19]: Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-4fc1a75465751afc21d6782b0aea7fbc]: Sch. 4 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-e18725cfe3fbad011701f62e027bce83]: Sch. 4 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-f3929daf05ac93680e4a9876b7beaf86]: Sch. 4 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-4847549597b6916d519a3ad122a10f71]: Sch. 4 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-b7310f99b7511028e9eadda68137bd2d]: Sch. 4 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-bb006408f2f98ab2f2d6617cb242bf30]: Sch. 4 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-9c7ed755317e79c20c6b40ef806f0417]: Sch. 4 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-dc2695d2a61fc98e228beb286312ebac]: Sch. 4 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-52294c59cfa771507795278cc3342f0f]: Sch. 4 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-d61f64f20614517ef4b8a00763ee3557]: Sch. 4 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-25f974c199920d0d61f0331305e399a8]: Sch. 4 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-97c758199f2b44206942ab5e1ea26974]: Sch. 4 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-a63d69655e7e6b10e94eb8d98d987fa0]: Sch. 4 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-f9406f30f2c088b01ed19f621cde96d9]: Sch. 4 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-8168e353bf3ecea9746aeabd043148c0]: Sch. 4 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-a7b4d4dc6048c82f29385a66da08e3aa]: Sch. 4 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-8dfdcf02af19b7c7d96dbc7819d63f7c]: Sch. 4 para. 51 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-dc39123f590adfa86d887bb9d8265357]: Sch. 4 para. 52 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-e20699071b461ab9ee98c32bf6bc1f9a]: Sch. 4 para. 53 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-ff75be6a25d81f33c93ece88d4319fad]: Sch. 4 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-fd250bf61fd1c53346cc6cee40deb644]: Sch. 4 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-a201817a1520bc90c6bcc199d4762959]: Sch. 4 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-c81d8c44b69996f79ce25a6479b10691]: Sch. 4 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-4d6f621fdad2f328dc06991fa4be3afc]: Sch. 4 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-36710beff967dd8eb27e6a32dd778f2a]: Sch. 4 para. 61(5) in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(c) (with Sch.)

[^key-b4e838c6f850b5c7094bc2cebee90f83]: Sch. 5 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d293f14be80b4ef5ebb41dd731e83afd]: Sch. 5 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-79f9f5c53879ea28aea846c534851d95]: Sch. 5 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c1037de511d5747cf026e4747c8a8024]: Sch. 5 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-93710eec312ce650789671c1c57be43e]: Sch. 5 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-48a1d1aba198a7d60c2ecddb28c84130]: Sch. 5 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-694231884b623baea2484747ace83c89]: Sch. 5 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9b7f87dae7f3a325d73d9e7e83a2f019]: Sch. 5 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a18b695607e802bd53d7c6a329073858]: Sch. 5 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a8aee931a8dba458aa14a2e2e3da8656]: Sch. 5 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-00998ea4d283adceae1c66a339d68088]: Sch. 5 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d8224e402e254c11dcaad6937c5057d2]: Sch. 5 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bb19e0ccede6150af54ec73c3d551015]: Sch. 5 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3456161ebb1d6c1914b6740f80e869b1]: Sch. 5 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f52fba3d43e906cbcc7ec50635f3662f]: Sch. 5 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ea394c566b1d281c3b24a67e53e1ba4f]: Sch. 5 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ece157a9a00ed5658ca8ae5e91a4673e]: Sch. 5 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-643173d0baf6faf86be14512e2a439e7]: Sch. 5 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cf96c5d127319e74667c5bc6cb3cbf72]: Sch. 5 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-843835e784e13a52435ffbadc9efa952]: Sch. 5 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6a2e9a6e2dfdbbed3d8ab526ecfb12e9]: Sch. 5 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ee371a6350470b3d71e7b466dbd07ddc]: Sch. 5 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6dea943df09bd9ea661887579c84e806]: Sch. 5 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5a3f06617782b00c25d0b16fe0a98ca6]: Sch. 5 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4a3c413028bd0949e9e26c174fe5c014]: Sch. 5 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-218188ed210f185fc467cb8d6423ef0e]: Sch. 5 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-743736048793a96924d4707c0d0995ed]: Sch. 5 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ce5d101a569dcb54ee3e2f17d47d7e1f]: Sch. 5 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-da8c7bbde8c02497f87e3da74fa37303]: Sch. 5 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6d1b710e125ea359a46d42e1a7421111]: Sch. 5 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-064c9d48b777a1789b9473b04a7d1f91]: Sch. 5 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7f90038b7f0a35700ccaeaa8fab2a89c]: Sch. 5 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-65db3857032b1131d3454e5dd397ad87]: Sch. 5 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bdc5a9117c719fe50c8841889c4e1983]: Sch. 5 para. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c23d0b2d924e359e6d38df9d2fda3dae]: Sch. 5 para. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a9f10f75a08c36c1c54546b74d7894ec]: Sch. 5 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-225784dd0cef8e0ba33a10eeacd3c92c]: Sch. 5 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6e1aad0fb31307c0589f2e14c4d7e948]: Sch. 5 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f3ea8347d254a589e22ac19adcc4ad2c]: Sch. 5 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f5a69864ef993f0d1d522bc9dbbdf60e]: Sch. 5 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-982b6ffd2cd0cafd8328c5d7e8ebbe7d]: Sch. 5 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-45f61fa9c12be3fec58ecbd96d9f7555]: Sch. 5 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-67cbda765423caa6044a3f1cda272e47]: Sch. 5 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-94f00aa2119fe80cd1eccb6e1c3ab6b1]: Sch. 5 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c28f45fe01dd062947f9b400661e5ee2]: Sch. 5 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-641d3a11b699cf472d0227821ef9c6cf]: Sch. 5 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fb187bc98beffcc1d7739c4479e147b8]: Sch. 5 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0392fc41159d0e2f58a09077989228fb]: Sch. 5 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7538cf9661e63222277cba01adda5e0a]: Sch. 5 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-55ed8ced2ccb5fa0f031bd7cf73ee76b]: Sch. 5 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-67cdb38d766278e61adc1a45eb36c601]: Sch. 5 para. 51 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-afe47490fb158a0d479e4b10b696e15c]: Sch. 5 para. 52 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f035420f3ed0f4f0cb186bbb770413db]: Sch. 5 para. 53 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-048c538905a461a6d7a3c707318324fa]: Sch. 5 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ba92189bdc6d4da854e4bde4e6e3c096]: Sch. 5 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8cc7b10ffa306062bd3d99959c198452]: Sch. 5 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-970099c1e81c38653f12c4a48d937f5a]: Sch. 5 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c6e1c01ed94d1a11c2d10f8bb7c1ac03]: Sch. 5 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1f53fbf26d208e5d83c9aec659a10497]: Sch. 5 para. 59 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-815298e2b54a4af2cd26b525a0ab361f]: Sch. 5 para. 60 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2ed108dcefae4a739b2b26c958471f7d]: Sch. 5 para. 61 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2c3ccaa90da2f38d79124b9bb27f1619]: Sch. 5 para. 62 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a35988d27e6fdd630773b7e9130ba467]: Sch. 5 para. 63 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-620f8cf260ce229e407e2318e1a32951]: Sch. 5 para. 64 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-191bcf80a6e7e2651102c6233af88968]: Sch. 5 para. 65 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-95fdeeda89c719b11d8dcc57ccf584ba]: Sch. 5 para. 66 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a3d82a9e9e58ede82b3bfb14f29d7aec]: Sch. 5 para. 67 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f41d569d709bed93a89407fb0670a38b]: Sch. 5 para. 68 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-81c06138730a1ba087f577580c0e5ff2]: Sch. 5 para. 69 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d7298d008c2790b6d10e12fefcd85189]: Sch. 5 para. 70 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b912e1091f74a88637207f60b852b750]: Sch. 5 para. 71 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-015e06817630dcdc6837d223ad20c6da]: Sch. 5 para. 72 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2cce1c487a56359f6bde2e58bf5022b2]: Sch. 5 para. 73 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1210d54d941aeecc16f297ac0fbe9622]: Sch. 5 para. 74 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5c9e8c812a0415b45da4966de93ec6f8]: Sch. 5 para. 75 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d42aae99e496b71cadce1df747d221e9]: Sch. 5 para. 76 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4c691bd007c53cb9f31793f21d50f446]: Sch. 5 para. 77 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-18fe6e8e4ef976e03f17e555b8fde13c]: Sch. 5 para. 78 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1edf714b582a2c446aa9e30d675668b1]: Sch. 5 para. 79 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d0270f7e871b2aae7652c386f70f15f8]: Sch. 5 para. 80 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5ec5b4e1627e0dbff73da180b8e6e90a]: Sch. 5 para. 81 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-abdebc21d2df8540fa5b126a53faf69e]: Sch. 5 para. 82 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-caa64627c1b32594dc6a4fb1ee5a85aa]: Sch. 5 para. 83 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ca925225bed70798a0eda574d2766b8b]: Sch. 5 para. 84 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4ae918b155db20841e19480fbb27a899]: Sch. 5 para. 85 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-35e9005d82ed7c1fd15eaf691a100940]: Sch. 5 para. 86 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-08c0b84f992e51eb896e0e5399e09eff]: Sch. 5 para. 87 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e2f9bebf8b79d8ab26712fd0e0b87920]: Sch. 5 para. 88 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0f8fd5bf81d8f13255343eb7c09a0181]: Sch. 5 para. 89 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7260fe15c42350f22c737530b2d84ccb]: Sch. 5 para. 90 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9ae9189de176186ac1e3c9426175180f]: Sch. 5 para. 91 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-345151f65d3edb60e7342dc92434bc98]: Sch. 5 para. 92 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5392be74e89857e4029cd6929f5fea82]: Sch. 5 para. 93 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-34b85dd67f2c002f4392cf31a885e1a1]: Sch. 5 para. 94 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-748712868bbd149e371481fa387348f9]: Sch. 5 para. 95 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6b74513898decf4b56b5e499891ab7f9]: Sch. 5 para. 96 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-00349546884c88a96db41bfde4f56792]: Sch. 5 para. 97 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-928c19ec67b193b08d5f1e393ad7b243]: Sch. 5 para. 98 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-666c26da6bb9a4619cc1dae3d7641b6e]: Sch. 5 para. 99 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8607a7117614fe448ea80f40fdb3da0c]: Sch. 5 para. 100 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3fa52d6f1c187a2d891144b44d6320b3]: Sch. 5 para. 101 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e7aee299e8de0bd77fbd70f5e09b795a]: Sch. 5 para. 102 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d890545fb4d861157edae4bcbc06d1fe]: Sch. 5 para. 103 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-859df6682f8bb00f03afaf5906a8d32d]: Sch. 5 para. 104 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1afdf31e69b4db7afb9017aa7fd715a4]: Sch. 5 para. 105 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6b2f8223eb726425fd9f61bc893de627]: Sch. 5 para. 106 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7f2d63962d9d75b5b8ad0fbd1856a9df]: Sch. 5 para. 107 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-75ed4c48236c1eff8283ee21e6ce227c]: Sch. 5 para. 108 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-90c6422e30c01b239464966967123c49]: Sch. 5 para. 109 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7ff9f68c015746ca953d080dfb89a618]: Sch. 5 para. 110 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5c9d1ae6afbff3342a463a7b9d647135]: Sch. 5 para. 111 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-79d3b0f3a09032da9d68a48611caa460]: Sch. 5 para. 112 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-536a1ea5a29ab3a8ed6ab228b852c790]: Sch. 5 para. 113 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-34850a92a386909c4105b5e69560c4f6]: Sch. 5 para. 114 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7f82170565d1450b222c1ce6238335c1]: Sch. 5 para. 115 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0af9bad81e41fc5de8298bf190d7488c]: Sch. 5 para. 116 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-43f6ec9c8e12034c44e168699d7c70eb]: Sch. 5 para. 117 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4e731a28dc904a744136f24aa99210aa]: Sch. 5 para. 118 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5f69866a55a18b5bda57c500f1657788]: Sch. 5 para. 119 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9e51067862d24779be5326d7cff8b09a]: Sch. 5 para. 120 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9d047a4ccd868d7adc1d215dc0802e4f]: Sch. 5 para. 121 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-25c04a1797f5beda2cf0a0917f1d37a3]: Sch. 5 para. 122 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-69aebb0f640216483f7e2a50614fb8e9]: Sch. 5 para. 123 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6f1a8b98ad802a21eef445a90ee5c2fc]: Sch. 5 para. 124 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d86857923022e5a9c0e048469acd2156]: Sch. 5 para. 125 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7c6271a88a08bda3d85377939b01019f]: Sch. 5 para. 126 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-aab31b33b42bca31a18cb224983ad56f]: Sch. 5 para. 127 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ae9ae6d3e6c5b1b128aaa42a16e60c79]: Sch. 5 para. 128 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2eefe9e7c8b2d8b0278a72ad043dbe01]: Sch. 5 para. 129 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-772518946447afb1bb418066727b7944]: Sch. 5 para. 130 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-dcd3c217dcba038e65112fff60f046e6]: Sch. 5 para. 131 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b8967c4343fb651ba2df30d72dcd4850]: Sch. 5 para. 132 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6578c438a674b7752170991d2b6c1ded]: Sch. 5 para. 133 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bedf96d94c11a9ed13bd7336095b3303]: Sch. 5 para. 134 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1eb2398e1dc39b5e4d273ff6f1dc95b6]: Sch. 5 para. 135 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4b1f8f6410d1637c38273f44f3bfd1e6]: Sch. 5 para. 136 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5074556b0386b9138e58bec4b6f642bf]: Sch. 5 para. 137 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4831bb3b283f19a12c5d90fb37a6f664]: Sch. 5 para. 138 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-35ae0bb88c96e2c264dbdaff7d1f3473]: Sch. 5 para. 139 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a336e772d10edaaef4c9feb16b02b50a]: Sch. 5 para. 140 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-043ab1cf22425b2254ae80e361c540a1]: Sch. 5 para. 141 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-219f162339a95d7c5d8cb3d302cf9500]: Sch. 5 para. 142 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-891fb1ed3443719172eb59e187dc5f1f]: Sch. 5 para. 143 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6e5aa0f97d05bc6180e3e6d89d92e4f4]: Sch. 5 para. 144 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0ff570cc90a26115db893136af3a2638]: Sch. 5 para. 145 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9298564d9071271b1aee2258ffa701d9]: Sch. 5 para. 146 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6a16f478a22417daefe4c65fe5a57d42]: Sch. 5 para. 147 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-57743fdba6a944e701c1d09afb6c0eb2]: Sch. 5 para. 148 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b88019d401f8a4ec63a820eb523e351b]: Sch. 5 para. 149 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-587e1285e87e8e09dbd321dc7bf1769a]: Sch. 5 para. 150 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e2c4162107881abf298cb54e184e372e]: Sch. 5 para. 151 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1128b69e0e048fcc23320bcd30975098]: Sch. 5 para. 152 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-784ab2555107cc80349e9ba768eb11ca]: Sch. 5 para. 153 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-336a42b59fae68aa3a42e93eb753b030]: Sch. 5 para. 154 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7ab20d63d0a5d2d0ad2ee9eb04427897]: Sch. 5 para. 155 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6b359171ac6b9f117dacdae218eb57b6]: Sch. 5 para. 156 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-927f48fac391fe936f6815048934dce8]: Sch. 5 para. 157 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5a2486b93d4f1a9aeb464c0188ec6ba7]: Sch. 5 para. 158 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8b0eaaba5176511df44ef7f4e5965b54]: Sch. 5 para. 159 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fef9ea4a3970099b67d16051b24a5eed]: Sch. 5 para. 160 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-905efaf0131dad33a8010f388be564fe]: Sch. 5 para. 161 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-dd6d46b6b7e72ad8c161c679e3f09832]: Sch. 5 para. 162 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-10c39dc9f21e39495e2d17ced046ff93]: Sch. 5 para. 163 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-027d909240156390123e6bf6ed1d6fad]: Sch. 5 para. 164 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-47bb53ebe095b024e6f06ea9b525ca25]: Sch. 5 para. 165 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cc87399dd5ab8e21dec436b42021ce15]: Sch. 5 para. 166 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b43933f2e750e0bb10117cfc3ec6baa7]: Sch. 5 para. 167 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b795f0933f18f511a0fdebccd45a3e18]: Sch. 5 para. 168 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-029c655ce964543658b6b48d898375ac]: Sch. 5 para. 169 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5c6d03ac1de4b544efd6716f552b7105]: Sch. 5 para. 170 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3da7fc4454dd33f25edde22d31f6ab7e]: Sch. 5 para. 171 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-faa2dccf83d33783b2d6b7a83efe7a30]: Sch. 5 para. 172 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9bd7810095fc764d147f4b2cba5db1ff]: Sch. 5 para. 173 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b019ed5d5a072c5b7274dca22417a6f8]: Sch. 5 para. 174 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f792b499b431f7fb6518241a08012446]: Sch. 5 para. 175 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6a15ee6845c8eb03b07d846166cf5774]: Sch. 5 para. 176 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c269b0f2613a75c800247772f3b9e52a]: Sch. 5 para. 177 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6728ad5d117afb116340003ea0974cc6]: Sch. 5 para. 178 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9f2bd9a4e23f52933ac95e648c44c1e7]: Sch. 5 para. 179 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ca01ba5a8a9a1202aef716c1a3a8f62a]: Sch. 5 para. 180 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d4e69c03d745d8bd1437eaae78066333]: Sch. 5 para. 181 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4b7d481d3a5a421cd5f96dbe1ca9621a]: Sch. 5 para. 182 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5a2e5ea3180cbf2724df9be52dcf027b]: Sch. 5 para. 183 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-294f190317997656ef12c2672665f4b2]: Sch. 5 para. 184 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-19eadca25d018042ad391ac7f0e3334c]: Sch. 5 para. 185 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5ac2711fa3770837bff074e81838acb1]: Sch. 5 para. 186 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-51951cb29659879774bfed17a491d09a]: Sch. 5 para. 187 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3869d0f3fb419d2ee4c00ccbfe780f05]: Sch. 5 para. 188 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-30b09e0fc1965901549bf00602cd004b]: Sch. 5 para. 189 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-89c4d704735f2ba1c9a52811103262c4]: Sch. 5 para. 190 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3cade83f8ea96eabaf60698956217a04]: Sch. 5 para. 191 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-392ba4dbb94d2ceb3b84139f4754f21f]: Sch. 5 para. 192 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-343c89a2c90f4d4d1e75c5e1ba383f10]: Sch. 5 para. 193 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-488ada30d6bbfd6cd350e7149698e907]: Sch. 5 para. 194 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-44324e12b7f893d759f1efc222229fce]: Sch. 5 para. 195 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c5d7624d318b4495696f31c56980762c]: Sch. 5 para. 196 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3c81a5088110fcee81d9f84e7260bdd5]: Sch. 5 para. 197 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e4d770e7e9dd3d984a35e04371250844]: Sch. 5 para. 198 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-78cb56de3984e5f206cd606e0f2999ac]: Sch. 5 para. 199 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-41d2dceefed678edc3e96661e153a3bc]: Sch. 5 para. 200 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-295d4ac938959e6426c1d69f903afde9]: Sch. 5 para. 201 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5d8806c1ae42a3e44d76412a0e19a8dd]: Sch. 5 para. 202 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3adb1e2d91504e5a97ab979a049232af]: Sch. 5 para. 203 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-94a0fada1e6843278795cb156ece99b8]: Sch. 5 para. 204 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e0100662beb8178fe6e5ff4484ed3e49]: Sch. 5 para. 205 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3392ef57d53d110e7d51b78a2f36299c]: Sch. 5 para. 206 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2696b27068a8c93e4fdeef096bc1c8d3]: Sch. 5 para. 207 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5322ff4fe5f992f7c6932cc9b9508303]: Sch. 5 para. 208 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0fc579cb3e92a94c73fad571dcf5adbf]: Sch. 5 para. 209 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c6d90c9b995bc2ee412d1f4b03cd59aa]: Sch. 5 para. 210 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7bcfc81d717e55ba74f5adf036efa0a2]: Sch. 5 para. 211 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-684a62c0e33ab8955c96194689224358]: Sch. 5 para. 212 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-367ffb6f7351b21281879b3d62be3075]: Sch. 5 para. 213 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fe185533ff04b4bf681fb044cf11fafd]: Sch. 5 para. 214 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d0b28332d3da27dd4d60e8ec43535afb]: Sch. 5 para. 215 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1645378fe781d46fe7d05a4497d6cd43]: Sch. 5 para. 216 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fabd7a167385d7dd03d8c698ab4f3328]: Sch. 5 para. 217 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-584fbe7cf429cf922553fc353addb6c9]: Sch. 5 para. 218 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-22d84f85dc27dd297706dd822e8261af]: Sch. 5 para. 219 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c453802e96e336183af50f1617388704]: Sch. 5 para. 220 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-dd0e355c0c691b1bb311c4e57eb94278]: Sch. 5 para. 221 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-28664b591de8b0b06303eb45a11b65dd]: Sch. 5 para. 222 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-206b46510a51a73d9dd5a794346cc5d5]: Sch. 5 para. 223 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-841f5f3299cf22b090d67756159c6003]: Sch. 5 para. 224 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a45df374ee065480d4a1f2aaa6314b6f]: Sch. 5 para. 225 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4e9c90f117e920c8ce8c16b90e4844fb]: Sch. 5 para. 226 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-07e5562adaa107df34200c6d7e7dc28a]: Sch. 5 para. 227 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b89f3a2bf476e6b3a98b63c62fe9023c]: Sch. 5 para. 228 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b237ce1c3bc48e52a3da38e1910127a4]: Sch. 5 para. 229 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8ad2b998e29c599f3494ea28ccda4d91]: Sch. 6 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d459b1a4061e8dba4dc228027b503c09]: Sch. 6 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-270e1ce6530fc3672470e4b6848a5fb5]: Sch. 6 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cc1a47f352c69ea5020cd446904a0a0c]: Sch. 6 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-440f97225906247634c7627debacc51c]: Sch. 6 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fde1729b5b7cc5135f4927c6e1637ea4]: Sch. 6 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d705422b2fcceb44a4ed7949cd54d42a]: Sch. 6 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-32efbbda2acf7a230f915ebffd6e295d]: Sch. 6 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-38281afd7d983d37b94b89b681b8e1ce]: Sch. 6 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ffdd046f3036c1adca35fae58b43b783]: Sch. 6 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d95bddbd8c6000242de0f58027225ad5]: Sch. 6 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-606fe1f6b9cf9170c33a270faa45ff69]: Sch. 6 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3d01781c059f47fce7fd29b89e66103d]: Sch. 6 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f6d16b4eeec97699496e406bd8bc3fe3]: Sch. 6 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-af6fc3f01baf1be8813852329309a07d]: Sch. 6 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2a2e13e3d3f438fb46cc0f3889311cd8]: Sch. 6 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-29bf70b141babd52864d42c94802a75b]: Sch. 6 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2c387afc6b83b73fb0c17eec4ff07888]: Sch. 6 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-73aa64593dc8d02c7be5e37bcce6ed97]: Sch. 6 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3f2fbf297d559f39c3b8868c585bc58d]: Sch. 6 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-78639a99cd9eaaac94894facd5b11c30]: Sch. 6 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9266a4fdd1f7bfab66976d858ae4b693]: Sch. 6 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5d8be3a0561d725162205d10ac2e1860]: Sch. 6 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-172942809b41f945f86b14d865bcd517]: Sch. 6 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0ec7c2fb7b1e959d0d97f8929a359ba8]: Sch. 6 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5926949c79081f57ffa306b6e7ff124a]: Sch. 6 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-72c93b4f6cbf02a9b9d797f2ab631d82]: Sch. 6 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-75a64132438b1cac5c165018b3d88c4a]: Sch. 6 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c1cbd8400eb1b38c713a0ba525cf3b79]: Sch. 6 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7a4dca528b67ef92d388f4d3735b33e8]: Sch. 6 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f4be41d4651308828687a90f6fd8f79d]: Sch. 6 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-81ed008c9aec034953e4dbdffc3db9f1]: Sch. 6 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d08428b1545950a2b75268bf6eae5324]: Sch. 6 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-43ca5065b083ffe3b82efb2b19e8e632]: Sch. 6 para. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1cc26f0f86bfc96f6a40fbe3333fc79f]: Sch. 6 para. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5020474236b68298e454222c44ee452f]: Sch. 6 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-81a005af1d2c778b31c5ce13ab3f62ff]: Sch. 6 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1d99305d1f2a4c3b776eeeacf471710c]: Sch. 6 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0300090d667642a157c3b19671d4cdcd]: Sch. 6 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a1317820b397cfaff83f1c7fda64ad35]: Sch. 6 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-65e32e72a3c1ec8c96855bb374bf14f8]: Sch. 6 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-19fc0d5e8ff97c6b5ffdd3ad7e1a2751]: Sch. 6 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5f9aa086e4c27ff16a28bc7d78a302ff]: Sch. 6 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-66371432301e8f44d1640fee2125f09e]: Sch. 6 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c365792cb59d4c2df420c15d821549d1]: Sch. 6 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c277e578c8741f74bbb5e22ec56913c6]: Sch. 6 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-55450268e48e40fccb6332579b707e91]: Sch. 6 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2dbdb8d8a6ee81c954b6e3a36f9af9f3]: Sch. 6 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-29304d4ef143141dee79b10bf1c807c1]: Sch. 6 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a80ad377f223142e91595cd8482d3dda]: Sch. 6 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4e033b931e46a445e46f6ecf8fd92b40]: Sch. 6 para. 51 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-126ab766d4b0a8762b883b5dae378750]: Sch. 6 para. 52 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-72ff61a0e28b16233f81779bd3f97054]: Sch. 6 para. 53 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-46e87e06314f2e8397e2d022f33465a7]: Sch. 6 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7b5fea23e9222d1be15a75cdbc59183c]: Sch. 6 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-25d7632d713b6863477207ce01ab03d1]: Sch. 6 para. 56 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3e914a58c96659796c3091fe111aa78c]: Sch. 6 para. 57 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a6eafee96daa04bf377af6bde22e6d08]: Sch. 6 para. 58 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-557383a7b24dcc5e7e608a8d111c5169]: Sch. 6 para. 59 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8a3089e93fa39ecc99ecab7b68c8db74]: Sch. 6 para. 60 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-84f8cc0afe160fb7d80ae226d47678f6]: Sch. 6 para. 61 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cc271be54fa29a0c9914f7e41ee50260]: Sch. 6 para. 62 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e3e589c571baacb373f2e7ec10206bbc]: Sch. 6 para. 63 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9508a24d6161da7d8828fead7b45eede]: Sch. 6 para. 64 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f1b3586e47c57f37c98e1013568cb53d]: Sch. 6 para. 65 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ff51ccbf282a87ffd52ce101b4f1e4f0]: Sch. 6 para. 66 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4fb710fa7a5844e5d44b1c6578d7bda9]: Sch. 6 para. 67 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-26881939af1618b09657db177ea9d2f8]: Sch. 6 para. 68 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a765c364187051d4adf0fc5ae09b8a92]: Sch. 6 para. 69 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4c1bb073ba3ed7e12ae6e79ae29489e9]: Sch. 6 para. 70 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7200a95496aa047170ebbe395c86f985]: Sch. 6 para. 71 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c379b09d92f45af4cb3dcffbb3b1553c]: Sch. 6 para. 72 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cd34c891db21bd1d1ac5ac0a3dd0fc6d]: Sch. 6 para. 73 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4de8b1c2091f0f9215942779c12d6e45]: Sch. 6 para. 74 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-85ab61d6f31e1dc4f11807d577379f43]: Sch. 6 para. 75 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2c305ff5a1a9cf724072651b9022606f]: Sch. 6 para. 76 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f2476af6f27fd1bf7502cac12af2dcdf]: Sch. 6 para. 77 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e289020de46f91bc60899a8568f0b296]: Sch. 6 para. 78 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d2010f287527c4b16c0844a3c20e6938]: Sch. 6 para. 79 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c2cc9169b8bdbe57a0189f24a3e36359]: Sch. 6 para. 80 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-406b24a2120b42aaea2c7a632bbbe3fc]: Sch. 6 para. 81 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ed441f5d8fbaaa27397756cb33950c06]: Sch. 6 para. 82 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d2953c6208ba1ca248d1dbe233dc8865]: Sch. 6 para. 83 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2ecaba2e6ccf021ea287d90794961bfe]: Sch. 6 para. 84 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0108985fb6f7192db70bb56fa0761726]: Sch. 6 para. 85 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c4a9cba70be891ea4200f25a069e8ff0]: Sch. 6 para. 86 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0984a7859e43711f4e984d0eeb949d3e]: Sch. 6 para. 87 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-371b5cdfdbb39908a664ec3836322e4b]: Sch. 6 para. 88 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ec3f47f2c9c396e2cfb8473683c40931]: Sch. 6 para. 89 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6412c4dd6d015c79ce681bf8c87d76c6]: Sch. 6 para. 90 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9cd67ab6f8d80838e18e84432d0939b7]: Sch. 6 para. 91 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4d20939eeebc668d6f2ef5ff38382671]: Sch. 6 para. 92 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b04ffa561f20f47aa5c90dbf4d36d8f8]: Sch. 6 para. 93 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-13ff8e103caf84e2805a9e87d720378e]: Sch. 6 para. 94 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1a6304b4722cbca5cb0f7e5ee8094d2e]: Sch. 6 para. 95 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3fbc0481b2cca27c03046b187256ef7f]: Sch. 6 para. 96 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bd0b5773341af4b9c4307a5dea8bc486]: Sch. 6 para. 97 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f76af0e9f85f64621a58eced6e3da8a6]: Sch. 6 para. 98 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6558bd0c931544dcc56299e806705b74]: Sch. 6 para. 99 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9604c5ded58b42425a9e19ab77abc015]: Sch. 6 para. 100 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0a9c8737a70c42524c5f579395f8e38e]: Sch. 6 para. 101 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-57391fcfe29517e44d083396bb0388e3]: Sch. 6 para. 102 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6197934e9add5ded35fe75a3e6c70354]: Sch. 6 para. 103 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bed3fc31f26531ed450525d2a2be72c7]: Sch. 6 para. 104 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cb22b1c39bb13195ecea27faef5b8382]: Sch. 6 para. 105 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-994abb46b4364d22200212242b8a2ce7]: Sch. 6 para. 106 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e801507a2674e327245b78d2b4c39b71]: Sch. 6 para. 107 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c5b2d097d54f0263a8f2a8bb83053b3f]: Sch. 6 para. 108 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e02973045639fc0ba5d666ca2ec70715]: Sch. 6 para. 109 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c72ed42da2fe86a10f7f3ad4cd18142c]: Sch. 6 para. 110 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ef2c3c1579c71206d1ddd72f65393656]: Sch. 6 para. 111 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e30c43054a6f60f2db133b1dfd645ce7]: Sch. 6 para. 112 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e10186a68abccc6a4b82db787e92644a]: Sch. 6 para. 113 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f743dffec56d346148a7b2c17c166850]: Sch. 6 para. 114 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3cca59597fc74877ebffb7023816ac58]: Sch. 6 para. 115 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6279816e320823ca15c6925c43fa0c3b]: Sch. 6 para. 116 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d2d27a8e9e054368badceaa9732860c3]: Sch. 6 para. 117 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a84870db96c3cbddb38833fd34e37e00]: Sch. 6 para. 118 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3f5180ff89ac067ba3d81ed0b13f3dab]: Sch. 6 para. 119 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b7e1f5ecad7f0c0597dd9af1edb12bfd]: Sch. 6 para. 120 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ccb9ded73f9c746d10b7ef624b1e7a92]: Sch. 6 para. 121 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-dacd71537f07b62a0d54122c27cbb04b]: Sch. 6 para. 122 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-bdb6b5e46a872854d548775983e3f1af]: Sch. 6 para. 123 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a4d9973d5b5e461cb9a9e79b13e7bf80]: Sch. 6 para. 124 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0f78a3fe98151751bee623a89d155340]: Sch. 6 para. 125 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c22bdef94558254c0dfc42aed28769c2]: Sch. 6 para. 126 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fb5b40505b886061790be199ee5260db]: Sch. 6 para. 127 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9ddf53667345e781401ea0edc84a10e8]: Sch. 6 para. 128 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b7a406b12524842fbc5f8fff2bfb7dd9]: Sch. 6 para. 129 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-573b7014ae545074b8179e0ec85c5229]: Sch. 6 para. 130 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1333669179d6e6f02e0cf059af7b4ee6]: Sch. 6 para. 131 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1a389bd21aca03083c42acf2f0b342fb]: Sch. 6 para. 132 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-52f9ba0d3babefb302c30778cdd4495f]: Sch. 6 para. 133 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e7cc8d0ccaafb8f5d3e91f80c56ddaa2]: Sch. 6 para. 134 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-eb34038126c48a26174e13310db418f3]: Sch. 6 para. 135 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b0418531f4c14fd1e5b19919f5dd72e8]: Sch. 6 para. 136 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-31a387f6ef4049299b80276eafca545a]: Sch. 6 para. 137 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-796a2614aaa7ac19a483bc61c3473b26]: Sch. 6 para. 138 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6b33f9f372004b741ad958bdf073d8e2]: Sch. 6 para. 139 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2393610958321baef6cb736156e3d80d]: Sch. 6 para. 140 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cc12447c1c183f6abcbfd8f546bb4dfe]: Sch. 6 para. 141 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c3ae6f0fceb6dd8206a72679674b731d]: Sch. 6 para. 142 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-12323e6c9dcd2473e24e6289c4714815]: Sch. 6 para. 143 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-13512a222ab997f6fee2d88f357e1d8b]: Sch. 6 para. 144 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3d7b717a8e0ec785b59be04b27cf0fe7]: Sch. 6 para. 145 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f7675872bd38fdd2962109c0ad14e538]: Sch. 6 para. 146 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d619d7b75476f9a47409a49c7ca5a9ee]: Sch. 6 para. 147 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c32bec186d0a9733828da57020802637]: Sch. 6 para. 148 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cb2b79aab98d59432ef99608872c9483]: Sch. 6 para. 149 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-11f6e382e7a8203dd2346da2611de51f]: Sch. 6 para. 150 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-37df01764611260a133379e2619a96b8]: Sch. 6 para. 151 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1af78c03cb43c963a9f5ac7ceb24d5e8]: Sch. 6 para. 152 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8c7ded1078c439032ba12d0d8a3fd126]: Sch. 6 para. 153 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-39f766dfa84639b6389337fda01d3226]: Sch. 6 para. 154 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7c196bdd347517fabec72523e35bf512]: Sch. 6 para. 155 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ffcb44c616c5725af03114e773281a5b]: Sch. 6 para. 156 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f57b81a48b549b939f3bbbef800d2642]: Sch. 6 para. 157 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d09118d30a6664c787a62ca829a0c7b8]: Sch. 6 para. 158 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-db4de2f297a4ea0ed0e312b61822eb0c]: Sch. 6 para. 159 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e0924cc7337e57eed5236e7373de0f96]: Sch. 6 para. 160 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a334f576ccab76d49bad435fa15f3e74]: Sch. 6 para. 161 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6349c86dd5dbee622702c981b814045e]: Sch. 6 para. 162 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b7507a8a762d7678188ab4fd64ec206f]: Sch. 6 para. 163 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-82ae7091971def48d06e662db6aa1543]: Sch. 6 para. 164 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1a837065ba3f91657c220effa1090450]: Sch. 6 para. 165 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1eeb87ea29c14d8b2744a490a14e991d]: Sch. 6 para. 166 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f823a9510ff59d500468dc972c543966]: Sch. 6 para. 167 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3b75f97de5834dd83746cee8ac5f59d3]: Sch. 6 para. 168 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-351b4b0ee8c3f0e9da4b3872283d26ef]: Sch. 6 para. 169 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-37a7d3e9cfcc8d47af28acf2166c8f37]: Sch. 6 para. 170 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-820871025a7f3673c655faa293e2c22f]: Sch. 6 para. 171 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ffa87b0f5c623e979cbc1333a755ccfe]: Sch. 6 para. 172 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b519d4e48369dc6152d055d94a5176b8]: Sch. 6 para. 173 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-19cd13b60ae1dfae23596f0b8f37cf39]: Sch. 6 para. 174 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9cc73ee9cc0df7eadaccae141aec8bb3]: Sch. 6 para. 175 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4854334433fd661cc960cdd546aee0c4]: Sch. 6 para. 176 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b9095534a220e77ac1e653b127aa35a1]: Sch. 6 para. 177 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-cc3f42930720a1a9b9ab14ce18290465]: Sch. 6 para. 178 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-87aaf5ecd49ddc448d0319fdcf87c999]: Sch. 6 para. 179 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a3b22923ff76d0b26d82d3d62c164b40]: Sch. 6 para. 180 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-72aae91b96bdad59637816181038b060]: Sch. 6 para. 181 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1a1f15b6f8c46725f5c59f9d59df8ef3]: Sch. 6 para. 182 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a6a78d000c24e6dfa4e4faf42ced0d95]: Sch. 6 para. 183 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0699a74076b4df13032786109470bd8d]: Sch. 6 para. 184 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b8a78b1afd8f6d3c9b595263545efd93]: Sch. 6 para. 185 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5ac3a48a67348b2b326f0e2d6d111b4c]: Sch. 6 para. 186 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ce90c6ca7b94d1edad197b3733101a0f]: Sch. 6 para. 187 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0ff45ed5678e3319b6ebb58de0c2d8cf]: Sch. 6 para. 188 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-106dd16f242332aacb5d29e8a899f750]: Sch. 6 para. 189 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-34fdb4b8009d6635613f369eff21b360]: Sch. 6 para. 190 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-56bf90c288700df08705ca5499bcb396]: Sch. 6 para. 191 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-559d374b39632e415996af3a91c54239]: Sch. 6 para. 192 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-26a935537bc2fd52fe07a92b746e04a9]: Sch. 6 para. 193 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-339c7e6cc88be5b41c6d32ae4097963b]: Sch. 6 para. 194 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-150e47c61c1aa175427a8dc6c1eb91f0]: Sch. 6 para. 195 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-eb85902636a2ae958e011e66edade4aa]: Sch. 6 para. 196 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7a28cfd099994bacf65841f106a6a8ba]: Sch. 6 para. 197 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-47044ce2551fa06a03e72e265fa5e63e]: Sch. 6 para. 198 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0e295348bfac63a4bae178f651b7cd41]: Sch. 6 para. 199 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-028a105837788c9d6eebc9a1189f3c5f]: Sch. 6 para. 200 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b0abf1c434a32847ccd21841a8b55e7c]: Sch. 6 para. 201 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-31f4899c5c6553410ee522a28996e796]: Sch. 6 para. 202 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-ee1142ad35007836f5cc8e7cdf9d0401]: Sch. 6 para. 203 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a94df34666da7229926de099040e967a]: Sch. 6 para. 204 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2cb6c4313d200434f60e088c02949f6f]: Sch. 6 para. 205 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-555f4b6781d1461cc936c8e46d4d6b78]: Sch. 6 para. 206 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5953bbb718926d4dc295476a49596610]: Sch. 6 para. 207 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a9d8b48892578b23b0fc3ad4c3106ec7]: Sch. 6 para. 208 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8702bf8957abeff12cc32f4ff4380e79]: Sch. 6 para. 209 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-91f6345e908d51ba308b6a427a0ce83d]: Sch. 7 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-79044fbbf50e9eddd9a8e04a21b0f490]: Sch. 7 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0e42265d3dab212a7aff680848b3aaf0]: Sch. 7 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d2298b105b998ccf3177c40861795889]: Sch. 7 para. 4 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fed3d1dba09a0fcb43b7b863d2f13186]: Sch. 7 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c0109e2d9ba624fa579c3b63c74024af]: Sch. 8 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-764fee818ee02d20a1e8e65b37867368]: Sch. 8 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-53cd649e6f84b54d577fe69995e53154]: Sch. 8 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2f841718b347f2945d4bd97e5465e4d0]: Sch. 8 para. 4 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-490a3c18d811de6e1a3165e57a3d2511]: Sch. 8 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b63bde33bfc424dc5073e9df78bc4fd9]: Sch. 8 para. 6 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a04c3922a6164aa403b21940697520ce]: Sch. 8 para. 7 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d88a268bbbab72f32a1705b2f9327da8]: Sch. 8 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-56ee567c6fcff26a43ce1c1a05854559]: Sch. 8 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6ab7e3e1d7e66ca67943486263049717]: Sch. 8 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8454063fc6fd877ab762c4a250df129b]: Sch. 8 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-67b184f46f3614d9d149f7980d9dea9e]: Sch. 8 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3b9d700793c6dba714e40e03a7534a59]: Sch. 8 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9e087e5f6111f4edb82493286b719de9]: Sch. 9 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-93de503396800b770ce2b6a403ccd3da]: Sch. 9 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9324dc0dd3d022395c7520b81d9ebdcb]: Sch. 9 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3b180d5bdbd43583f57718eae49c2993]: Sch. 9 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8e82fab1f676afe6cda484adfdcde80c]: Sch. 9 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-2ecab0682269c7a1a43829233d9562c2]: Sch. 9 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-42ccfc7e25822a0d03a4c5b606992e87]: Sch. 9 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-12ef6573cbccad9a4ac11305c6057738]: Sch. 9 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fc63ca0258cd694705d7494575f077ed]: Sch. 9 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-1cee0d0413d16ac21cc1b89f0e0ba694]: Sch. 10 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-56d47ef7f16ecfaba9d191e572b59341]: Sch. 10 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0da9c9d902fb647b3df6dbae48b0df30]: Sch. 10 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-80254417e382bcfdaa1b03dd1cb3bbef]: Sch. 10 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-444733f669517fb399748163aa53c86e]: Sch. 10 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-be5713fb3747e602f2838a04350c4268]: Sch. 10 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-affea88a6469d6d94da4cfc5f91ca427]: Sch. 10 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8c87ab828b262ace06a0068cf76147ca]: Sch. 10 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-c48549ad537baa38eba79018955f58f7]: Sch. 10 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b28b9be153348511298a42faa70ede79]: Sch. 10 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d107a3ad87e0e7de2f0662b83f6bbd4c]: Sch. 10 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-f0eeb3378eef008e86c2afa6af933b9b]: Sch. 10 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-496e8b0f917cd2ffda6d4b5eb5963298]: Sch. 10 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7585303892afb904e52e073330ec70a9]: Sch. 10 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-fcc9a19ccdcf2e38868da3954608686c]: Sch. 10 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-32ea51283e0c8a86fa32e5138842708e]: Sch. 10 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-3b2358c216cd6d471c1d426634e4a1dd]: Sch. 10 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-0ba077f9ea1deac70099e7ae8cdf2115]: Sch. 10 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-505a759e604d21b0f6eadcd9e6937155]: Sch. 10 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a92d2acfa8edf6a46ebe3ed61458a536]: Sch. 10 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b68f1ddac2946b7885dc093f5872e161]: Sch. 10 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-40e8d1c355ff2ffc86865a2694420565]: Sch. 10 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5d4c8e9dc81e4c4a855aee5aeba9d552]: Sch. 10 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a833f5a18e175a5e7c17c67158f3d4d7]: Sch. 10 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9822a92b944f9326fd3155b1fad3722c]: Sch. 10 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-290beef00394409fccda480f5ff901ce]: Sch. 10 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4516ae64cb589d82388a368756bad636]: Sch. 10 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7dcc61d2f73e61868ed8c8163d6e51fb]: Sch. 10 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-46737c473e53e198dd5b5106f250d070]: Sch. 10 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6320f160cc7d1cc9adbe68e8c919dec5]: Sch. 10 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-829044ec3fb9b9ae8e32bbfd26ab5937]: Sch. 10 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b748216c9cca8e056dbe246b794024e5]: Sch. 10 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b4a2ef42f888279da0dbbe8523f56cc0]: Sch. 10 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-74fe04903cb90d2ccd906a2f3ef401f7]: Sch. 11 para. 1 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-964e13f8353c98bde5fcc44ad72c8021]: Sch. 11 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d7af761e8a9d04e327232b8066d71dcd]: Sch. 11 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7abbc56491172e1959a1fe62388f13b5]: Sch. 11 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-82ac70976deb035dc6d6a8a372b57431]: Sch. 11 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-6095fc6cee17b34fe1539eb75a0219ab]: Sch. 11 para. 6 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-7f747335a06f537b0c3773f8021c5551]: Sch. 12 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-67b2f4104512f7496493b4a26e96d5f6]: Sch. 12 para. 2 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-00dccfe6bf7a2b87f5472d15f2adc55f]: Sch. 12 para. 3 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-da778dd5dce9fc5fdd7cda27f4f8d340]: Sch. 12 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-48e59ec0d3400307fcab8023f92a0925]: Sch. 12 para. 5 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-64d2e5fa3cff8b2bca91b6768d62334d]: Sch. 12 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-d9627a150ff013294f175a8c2607fa77]: Sch. 12 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-336e140fac0c45c20ed417ed13452436]: Sch. 12 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8417ccbd38f8e103a08f70089729405a]: Sch. 12 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4b885f687879d619d6da174db69f301b]: Sch. 12 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-9e0c0710eccabbde5e0a065ea17cc597]: Sch. 12 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-e1544a8c8ed9adde2208cd7c57447c9c]: Sch. 12 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-66ed3728934312b1802565c01bdca486]: Sch. 12 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a4ccddebfe1b2c86390b58aebb883456]: Sch. 12 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-45bef34731253a2459856bd97e81b684]: Sch. 12 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-acfea98ca4eaae14745f1ba4836456fd]: Sch. 12 para. 16 in force at 1.4.2014 in so far as not already in force by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4ef116c8b4e5566fb9b73665f2485704]: Sch. 13 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-16e93bc48706458981eccb45ba741917]: Sch. 13 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-eeceb7f00a610a2f592de6bf6aa1e252]: Sch. 13 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-b701502ef2863d761e615315552a6394]: Sch. 13 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-801fa8524fcf5bb94dbc2aaa1e591a07]: Sch. 13 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-5b749b033de41988ad5e10b0a7261c9c]: Sch. 13 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-8ad4379b382c3ce19adf3ef97b8f666d]: Sch. 13 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-df55ec3a2c6858a46afd883331cb0cc0]: Sch. 13 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-4a0c2ea7435c8f95270c199a3a0c837c]: Sch. 13 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-30bb7ad940af6b8f54c54e9f6599c3af]: Sch. 13 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(d) (with Sch.)

[^key-a20ec35e2cdb73a235340250811b21d4]: Sch. 14 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-281624be2d6683cf935d0ce5c128eab6]: Sch. 14 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-27bde91117ade0012356bd0741613efc]: Sch. 14 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-b1f1fedb7b89438980d9e3ae3c47ffe1]: Sch. 14 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-68fceaa45813c7f560d23dfa01183fc6]: Sch. 14 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-e596bd4c3307cb8802289ca47e43648d]: Sch. 14 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-eca883f9cd1da0aa5e461b7d4e25f2e9]: Sch. 14 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-ad89530e20851f7795c3af3518c5bf3e]: Sch. 14 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-3f1839ab329600227ef03e8aeb14c31b]: Sch. 14 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-150dcd94678b16f0ed59da072d3e167d]: Sch. 14 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-cfdf21dfcab6a63803168402b44b1b95]: Sch. 14 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-885ad63f389e2102acc1ae757b81d5d6]: Sch. 14 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-c34450ea6319052b87ecfd3e1b3f3629]: Sch. 14 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-919df6f0540bf70ee1dad0847dfac6a5]: Sch. 14 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-5e1e221d51038ac93e70615e47c883e6]: Sch. 14 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-e07935830f6227ea1147b09fdc9a25d6]: Sch. 14 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-85aea0c23dc7b3ac92418a81cdfdb4f7]: Sch. 14 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-ffd270473e98c906930ca5f851503ad6]: Sch. 14 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-21c8599f63dcd02e3d880e84e1861b51]: Sch. 14 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-a1e655e4f6d16f7f4adc636a57678eef]: Sch. 14 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-f220e4af387d27c7a33180a3206dcfad]: Sch. 14 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-488a39cf0c12967af617292018b55c06]: Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-312447e33e3218cd655b82a3034d12df]: Sch. 14 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-f837cb6b8c18435665c9493ac311332c]: Sch. 14 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-eaf885324e30bdf3a12a7411e027f3f3]: Sch. 14 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-87120217bee543e083ea3fac2c4f491d]: Sch. 14 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)

[^key-0afb20f5d5bc0f78582e1bbaee323466]: Sch. 15 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-72918e6c939f2a94fc33ceb0329bc501]: Sch. 15 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-c3052b62e9844fa319e15351aca506de]: Sch. 15 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b3c4a54985010f18a02b41bc6982b5c5]: Sch. 15 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-1c043c09faf77e79f68161bdd04cb827]: Sch. 15 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-053fb216a0e262369ee04f5ddd76a2cc]: Sch. 15 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b92aa61f9a7e9fbc1ba8abf7fa510eb3]: Sch. 15 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-da0d9a1db2210049948bd835756295fb]: Sch. 15 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-ea2678075ac493557fdb71e24ddddebf]: Sch. 15 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b980d74a916c4377640d02563a31f099]: Sch. 15 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-5646ec15e79e61c1600cb6e1f3fed8eb]: Sch. 15 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-67d786774a927f1e326801b520a77dd2]: Sch. 15 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-734bf6f1e9911609a4e9cddade1abc3f]: Sch. 15 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-3953df1361d2f3dd0a92b1fc3e3fabd9]: Sch. 15 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-f7bf0eb461f63b90208add20471ec5a3]: Sch. 15 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-0002c77ebd645f89db22029e167c3348]: Sch. 15 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-a430460c93d8e5636e80ab55fdfc66f0]: Sch. 15 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b3df349490123f764fac2eb73cc8ac57]: Sch. 15 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-ea7d3ce37519613a0f14b33b5417ee9b]: Sch. 15 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-4926e4a45c71b730b4189a9354ae04a1]: Sch. 15 para. 20 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-02a03bfd067b8087105d7eb9404d519f]: Sch. 15 para. 21 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-82c9963f9f983f24b0a5d5f5e637ade9]: Sch. 15 para. 22 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-282d4e737e1a5cee56ba04498aab1899]: Sch. 15 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b443630037fc08b8597ceddd880cdf68]: Sch. 15 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-5ceb56eeca97fd6dd438e8affed047e7]: Sch. 15 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-221ede27a7cad2624239c44667374e4e]: Sch. 15 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-9810a2d1df5ccbbece04008debe676b3]: Sch. 15 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-e9613ceb5c6183a9e1a90da4dcb5c8cf]: Sch. 15 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-ad9cf1c86b1012ff0d1a27dba6a4e7f0]: Sch. 15 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b447f96efb0e193c3c504401240287e3]: Sch. 15 para. 30 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-d3ab6380c33f6c754e1eec77800d8446]: Sch. 15 para. 31 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-5179feb6cfadf23d91d7632eb562d337]: Sch. 15 para. 32 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-ecfca935810941c15785fca5b4d7f588]: Sch. 15 para. 33 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-5c1fa21e95655d2900709de9ef81ff4c]: Sch. 15 para. 34 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-f352c7587bb186e51ebc18140eddb0a8]: Sch. 15 para. 35 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-20493d5d95db1089343db17b9f25b0b9]: Sch. 15 para. 36 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-e4f4e80a0df7cc27f54b3b90c405bc14]: Sch. 15 para. 37 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-2a41191549e4882a55923b581609c277]: Sch. 15 para. 38 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-267008c78b50103d23308c1b2af18de5]: Sch. 15 para. 39 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-81dc3830f0a10f427e71f0a7fa77dc53]: Sch. 15 para. 40 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-b34de793da9bb114d019945666f7ee69]: Sch. 15 para. 41 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-2c40a0b510129ba6955adade0c9074be]: Sch. 15 para. 42 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-eded1e8e54b4f111dc867676e2ae81d0]: Sch. 15 para. 43 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-a9f8ad4a0eef75e619173631c44e30e9]: Sch. 15 para. 44 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-be858c1c44a13a7873162a626694e818]: Sch. 15 para. 45 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-68ecfd2af135b1726271bca1874f8758]: Sch. 15 para. 46 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-e5a5d5a5ad102fd31a93c04946643ce3]: Sch. 15 para. 47 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-a2d60667af5aa9c5de61f0a5b4881c7d]: Sch. 15 para. 48 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-5514f9b5b1a6bbd802c2fb78015831d1]: Sch. 15 para. 49 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-c013cf63222139eeedfd3e654eb09e48]: Sch. 15 para. 50 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-a6bee452afa0cef1d2263b5c3eedd9d0]: Sch. 15 para. 51 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-7d1f0c5c7d49cc0637e498a564a14bb6]: Sch. 15 para. 52 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-e6b3a3816c07b270dd056b79a679f9b4]: Sch. 15 para. 53 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-e6cfa9256bc4bb1270882aa6b47e6148]: Sch. 15 para. 54 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-1c281003a152c8f54eb6f0aa49b3b33e]: Sch. 15 para. 55 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(f) (with Sch.)

[^key-3dd424676b3b352af2aba2b6168e736a]: S. 52(4)(g) inserted (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(4), 148(5); S.I. 2014/823, art. 2(g)

[^key-31659d6b4044036aa49ff58b98ba5345]: Sch. 4 para. 16(7)(h) inserted (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(5), 148(5); S.I. 2014/823, art. 2(g)

[^key-c4e5e83ef40910243f2dfdf440f4a984]: S. 7(1)(2) in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(a)(b) (with art. 4)

[^key-0e2883145e23b5bda68dda6733324aad]: S. 8 in force at 6.4.2014 by S.I. 2014/253, art. 3(c)

[^key-de29f769c8449a12fcbd714690a95003]: S. 9 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(d)

[^key-70e04634d854492d0f5e78c3ed8481e4]: S. 16 in force at 6.4.2014 by S.I. 2014/253, art. 3(e)

[^key-b5953e5be7a72da09062ded507c90871]: Sch. 1 para. 1 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

[^key-497c4e2cd0595352979034d7e277871d]: Sch. 1 para. 4 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

[^key-fcb0a4b22d7fe93efdf92a41683f70f7]: Sch. 1 para. 5 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1)(2))

[^key-3abf2fc038150c52e6dffdb759a6e0b1]: Sch. 1 para. 6 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

[^key-0802aea114f071d9a77ea08b66eb08dd]: Sch. 1 para. 7 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

[^key-6f014ba85ff82190665ac48c6b0edab7]: Sch. 1 para. 8 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

[^key-2841d338208c15b722faddc29daa07cd]: Sch. 1 para. 9 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

[^key-bce3c4e5d74cdfec2cfac9571e13c241]: Sch. 1 para. 10 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

[^key-61f4c24df40f22e3d759cdd3eb33f4b7]: Sch. 1 para. 11 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

[^key-a53bbc836ec9c91a9caa5a5f343b6d79]: Sch. 1 para. 12 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f)

[^key-567b41d65b13f2cd7a83702e8155d9d6]: Sch. 1 para. 13 in force at 6.4.2014 in so far as not already in force by S.I. 2014/253, art. 3(f) (with art. 5(1))

[^key-11da665b00cfed615ef5151ae12b31fb]: Sch. 2 para. 1 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-5a6a5afd244093a1d0c6aabd35fb35aa]: Sch. 2 para. 2 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-48e93eef616eda3de9d80f569095c58a]: Sch. 2 para. 3 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-303e978fc937b2799bba131b335453a8]: Sch. 2 para. 4 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-810e085af0536059d8dff5f756f5d55e]: Sch. 2 para. 5 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-06587ce1e48ea091912c655ee535b79d]: Sch. 2 para. 6 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-74e5c5e8a122867e6a0f4ad7f0428096]: Sch. 2 para. 7 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-3fb1ad4e11a3b025072353ef3d480de8]: Sch. 2 para. 8 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-34d60fa6719a20dd6af5a45bc894eccb]: Sch. 2 para. 9 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-148b88ef139631a7ccc43fccae55982c]: Sch. 2 para. 10 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-07a9990dc032f4fc20c4de620f6baa38]: Sch. 2 para. 11 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-cdbaa36f30fa61765fab342b15e90474]: Sch. 2 para. 12 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-c9a3cdb42d69b9846230caa81d1a609c]: Sch. 2 para. 13 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-f0b0e8fe9e5708ce0811a0b2f6beacc0]: Sch. 2 para. 14 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-7961907047a611d4e7eca51c598b75ca]: Sch. 2 para. 15 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-156936a0a93af49edc2194682592b878]: Sch. 2 para. 16 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-0a61bfd3c4391a3ceb0ef40723f1ff2e]: Sch. 2 para. 17 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-24bca1b664c9e10af8b9c032210c43d7]: Sch. 2 para. 18 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-dea063281bcc9390f5e3409ee8ab2725]: Sch. 2 para. 19 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-68e8a15842a35ece608e4b27218aae2c]: Sch. 2 para. 20 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-17a078c91dc125f94779cf20395f9816]: Sch. 2 para. 21 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-f4036575c1f21ade592efae983a5809d]: Sch. 2 para. 22 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-aa57fff321f1e7264d76f202f3f1fb0c]: Sch. 2 para. 23 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-e2b153ae482216e6fff747d49c0212a7]: Sch. 2 para. 24 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-2ba6dee9daa3407b178517eaaafe619b]: Sch. 2 para. 25 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-f0fb1b3410630935f26531313f0fc800]: Sch. 2 para. 26 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-2062e26c9e1468eba25bf17e9db02842]: Sch. 2 para. 27 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-031ffd0ad45062c965ba7be754a04a34]: Sch. 2 para. 28 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-73976b794630cb1dbf47b1965e179d99]: Sch. 2 para. 29 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-b86ce2144c35d1ddd49e3b1b830ce99e]: Sch. 2 para. 30 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-0935677bdc8813e2459a2c8f4e997473]: Sch. 2 para. 31 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-6a9d2a1464784bc51200695d46629e9c]: Sch. 2 para. 32 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-264fe8fbbbccc57098a3d9b2b1a18018]: Sch. 2 para. 33 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-e0862d705c43f9c97652446f3f2e37e7]: Sch. 2 para. 34 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-2fa8ea4972b48e1c6eb1e028746622c0]: Sch. 2 para. 35 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-e22c34c7ceaf65748d4f7674c5692a36]: Sch. 2 para. 36 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-a95c0e853e88f465aec35d688d708591]: Sch. 2 para. 37 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-21f6e636b5ba1921dc516099d9f52cde]: Sch. 2 para. 38 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-8e3861eb8b0c74cefb1bfb4b4632636a]: Sch. 2 para. 39 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-e3286061fce0b76e404e780a4d712eeb]: Sch. 2 para. 40 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-1c7d414e0df82b192ac596f595ab4693]: Sch. 2 para. 41 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-14148de860c320edb7aa7efe632b2bfc]: Sch. 2 para. 42 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-b89b811942613dbf697278c13a50509f]: Sch. 2 para. 43 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-5d4836c643e39c978f193f4a7558fef3]: Sch. 2 para. 44 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-f0d33c533ff7db22dec4576de93d09e5]: Sch. 2 para. 45 in force at 6.4.2014 by S.I. 2014/253, art. 3(g)

[^key-898ce52ae4b71c52595157b343ba4531]: Sch. 3 para. 1 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-bd7c877f2f20449bfea66c58846f1adb]: Sch. 3 para. 2 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-2b37ddb39e664bcf24c0e4c4abaa6c84]: Sch. 3 para. 3 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-f112176b6f358036344d545a6557cd77]: Sch. 3 para. 4 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-9540a90f412679f6c1aecae613cf4bd8]: Sch. 3 para. 5 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-6e4f0d04cee09edae923b7d2510dbf2c]: Sch. 3 para. 6 in force at 6.4.2014 by S.I. 2014/253, art. 3(h)

[^key-4947411b517bdeda95853eb03bcbff15]: S. 60 in force at 6.4.2014 in so far as not already in force by S.I. 2014/416, art. 3(a)

[^key-1128398f0332c40ce8a0571e09d8276d]: S. 61 in force at 6.4.2014 in so far as not already in force by S.I. 2014/416, art. 3(b)

[^key-2fda30544f4bd4096000c30ab1dc2b09]: S. 66 in force at 6.4.2014 by S.I. 2014/416, art. 3(c)

[^key-39942da383107ebed33551b0298dbf19]: Sch. 16 in force at 6.4.2014 in so far as not already in force by S.I. 2014/416, art. 3(d)

[^key-afe71a3b3dd039780b8f1197b108253c]: Sch. 17 para. 11 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-21d979fb97ead5a8552dd0081072912a]: Sch. 17 para. 14 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-93a1851f9b692bc4c02a6891a3e97699]: Sch. 17 para. 15 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-817bbfb989bd4d7f70174f5d5c5ab2d3]: Sch. 17 para. 16 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-396152a131906ba2c529364b66ef8691]: Sch. 17 para. 17 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-e8fdb7dac910c10b75e62f15075bff9f]: Sch. 17 para. 18 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-849f3887e3bca53a793ccfd548cb1306]: Sch. 17 para. 19 in force at 6.4.2014 by S.I. 2014/416, art. 3(e)

[^key-e748def1475a61855797dc0f934f264e]: S. 63 in force at 6.4.2014 for specified purposes by S.I. 2014/416, art. 3(e)

[^key-032ad976a38e8a6536212f22233814d9]: S. 72(4) excluded (W.) (30.7.2014) by Agricultural Sector (Wales) Act 2014 (anaw 6), ss. 12(2)(a), 19 (with s. 14(1))

[^key-71f6f24bab7bf44badbe1079879ca9a2]: Sch. 20 para. 2 excluded (E.W.) (30.7.2014) by Agricultural Sector (Wales) Act 2014 (anaw 6), ss. 12(2)(a), 19 (with s. 14(1))

[^key-1a76076e6a7d57e65bdc812d5e12a084]: S. 72(4) in force at 15.9.2014 for specified purposes by S.I. 2014/2481, art. 2

[^key-3d668d6a9810c582d900367bc24b790b]: Sch. 20 para. 2 in force at 15.9.2014 for specified purposes by S.I. 2014/2481, art. 2

[^key-65988ebf502d4e6b8aca90dada8c2197]: S. 72(4) in force at 31.12.2014 for specified purposes for E. by S.I. 2013/2979, art. 3A (as inserted (26.3.2014) by S.I. 2014/824, art. 2(b) and substituted (14.9.2014) by S.I. 2014/2481, art. 4)

[^key-3f25b68bdf212c7451042fa9ec57eba8]: Sch. 20 para. 2 in force at 31.12.2014 for specified purposes for E. by S.I. 2013/2979, art. 3A (as inserted (26.3.2014) by S.I. 2014/824, art. 2(b) and substituted (14.9.2014) by S.I. 2014/2481, art. 4)

[^key-65e067342d30163865c51ad3ac89e2a8]: Sch. 4 para. 35(1)(e) omitted (6.2.2015) by virtue of The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(2)(a) (with regs. 3, 4)

[^key-3dff1613fbdd29cd122608412d7cdbf5]: Word in Sch. 4 para. 35(2) substituted (6.2.2015) by The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(2)(b) (with regs. 3, 4)

[^key-2e7a78afc832770e57fcd60ad19d0038]: Words in Sch. 4 para. 35(3) inserted (6.2.2015) by The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(2)(c) (with regs. 3, 4)

[^key-33598e444b271c3f6f1a4cbc5dca031f]: Sch. 4 para. 48(4)(c)(iia)(iib) inserted (6.2.2015) by The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(3) (with regs. 3, 4)

[^key-9d88b0f010607474de66f66f63a6eaeb]: Sch. 4 para. 51(6)(c)(v) omitted (6.2.2015) by virtue of The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(4) (with regs. 3, 4)

[^key-f57ca74a71b39f32e02133bb1dca0fcd]: Sch. 4 para. 51(6)(c)(vii) omitted (6.2.2015) by virtue of The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015 (S.I. 2015/16), regs. 1(1), 2(4) (with regs. 3, 4)

[^key-33775391cbbe46a7ad4641951cc59331]: S. 52(4)(h) inserted (1.4.2015) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 8 para. 11; S.I. 2014/2458, art. 3(b)(v)

[^key-c7050d8b14472d41b6768d2397642744]: Sch. 4 para. 16(7)(i) inserted (1.4.2015) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 8 para. 12; S.I. 2014/2458, art. 3(b)(v)

[^key-e94a32cc78bb69d2b9b47a8e00212742]: Words in s. 52(4)(d) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(v)(i)

[^key-875cb77f65b432e1d3af267585c475bc]: Words in s. 53(2)(c) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(v)(ii)

[^key-bf8f0d19c2d97945111964371a93a226]: Words in Sch. 4 para. 16(7)(d) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(v)(iii)

[^key-4643fa660bfc6926168c7a5d66cd140a]: Sch. 19 para. 40(3) modified (18.11.2015) by Finance (No. 2) Act 2015 (c. 33), Sch. 8 para. 33(2)

[^key-8e9e405d8da719abf978fd7d25aa9730]: S. 71(1)(2) in force at 6.4.2016 in so far as not already in force by S.I. 2016/191, art. 2

[^key-f1e10d00833422201c0e375265904924]: S. 71(3) in force at 6.4.2016 by S.I. 2016/191, art. 2

[^key-92fd94dd682ee9452264a47f66bc8b69]: Sch. 19 para. 1 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-02bfefb152b65921bdf3191abd202f07]: Sch. 19 para. 2 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-25e0516a3a250a44f38a0219a20a97ec]: Sch. 19 para. 3 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-50a984601cb72f29e1dd0e06343808b1]: Sch. 19 para. 4 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-352976fe4f56645c8d738c9db7168c3d]: Sch. 19 para. 5 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-a1587b7e0f765e256bf985c6b4bc5741]: Sch. 19 para. 6 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-6083ec5994f8ccf6cfd9c6f6a0b3e7e1]: Sch. 19 para. 7 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c9916d6a89500600ebf947c1f9af5499]: Sch. 19 para. 8 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-d0fdf49a54756d423a7344923860874a]: Sch. 19 para. 9 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with arts. 3, 4)

[^key-a9034840c84eaf30d0de9828f3d71205]: Sch. 19 para. 10 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-b3e2d913fba3286d5d00c416a0f22f7a]: Sch. 19 para. 11 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-90ff99141a70f986e5c9c78f07848f91]: Sch. 19 para. 12 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-2041ab96a9950c9f15aff7dddbaa077f]: Sch. 19 para. 13 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-58811aafa8f6112265d92d50a8e0378c]: Sch. 19 para. 14 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-8fe259fbebff07633986c661a53002f1]: Sch. 19 para. 15 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-347cb799aeb87f4cae29fdd9a818f905]: Sch. 19 para. 16 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-503f3ec7b8cab5186a303d933f48227d]: Sch. 19 para. 17 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c04dd631a6768247f509d61d633b2731]: Sch. 19 para. 18 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-f130eaf454eab788f90e5a6289366247]: Sch. 19 para. 19 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-1e54658dac08f48311839d24c46c0806]: Sch. 19 para. 23 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-f1c42e5056b1a8debb5d334522999180]: Sch. 19 para. 24 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-325c5c318aea9a4429f27461bcc64984]: Sch. 19 para. 25 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-0f9fa3aaa4ea2edd86540142840c235b]: Sch. 19 para. 26 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-acef853b6f872b2255544b77478a794e]: Sch. 19 para. 27 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-eeb65209b6d653b99fb73b561d20b54c]: Sch. 19 para. 28 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-8ada1a4444eac813008a5b2bfa561a5b]: Sch. 19 para. 29 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-8df404762552bbaf5787b1bafb384d70]: Sch. 19 para. 30 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-fe4e9ad7456dc7a0c78fb8962cecb2bf]: Sch. 19 para. 31 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-45289357dfa8e45b8e554a29623bf84e]: Sch. 19 para. 32 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c0ac44b4a7ac20ef6b8dc4d41f72f9f5]: Sch. 19 para. 33 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-578d72b31556e547b3c89d70cdac74e1]: Sch. 19 para. 34 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-6b672cd86f07bd51097aacfff43c10e3]: Sch. 19 para. 35 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-17da893ec4cca3fe5f367795586e5792]: Sch. 19 para. 36 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-82abcc07ec6e7d9e1bf83653403432d0]: Sch. 19 para. 37 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-cdb20cb059ac85b0f6be852cb7d3e311]: Sch. 19 para. 38 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-14b8140cedb8a1147641d9bc9c9f943d]: Sch. 19 para. 39 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-0472936f9999e9e87c95becf3605a1f5]: Sch. 19 para. 40 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-a66c217d8f8c39555f6fbb122118433f]: Sch. 19 para. 41 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-35dc8380c07eba66c60d950a9c79faec]: Sch. 19 para. 42 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-8d4d04e7087c9d15101bb675adf4c1ee]: Sch. 19 para. 43 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c82f6c3dc075647427e82af06d93e46d]: Sch. 19 para. 44 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-4aa1cb74ae3c370d2c789ea726f9db01]: Sch. 19 para. 45 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-69537da4341fa2e3facefacce0f437a5]: Sch. 19 para. 46 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-2a098bb2f254a2862cdbb008ed04c070]: Sch. 19 para. 47 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-489d6889de2dbcc077e21e4413c71dbe]: Sch. 19 para. 48 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-8bbc9ee8241ce51352eb426757d76662]: Sch. 19 para. 49 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-feb1bd59f6c60c2e1b1d763b24722b9f]: Sch. 19 para. 50 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-833701ee3d32335b32ba01515df8554f]: Sch. 19 para. 51 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-71373c77aef3c62798524c0f02e4dce1]: Sch. 19 para. 52 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-aec69bab46d465e5a84f860e6e9e8023]: Sch. 19 para. 53 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c8ddeaa353ba43233164e2bceaea4d48]: Sch. 19 para. 54 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-b950e2bdcd9fca6e6d0e3603b569712f]: Sch. 19 para. 55 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-a5b6b7113d4ecd5dfaa30d80394d2a7c]: Sch. 19 para. 56 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-b0d3cd8953ad747a7dce47f0685daa76]: Sch. 19 para. 57 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-952552ac1d34f00a039cae527f1a6964]: Sch. 19 para. 58 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-00a444cdcddb952524e351865e06cdc7]: Sch. 19 para. 59 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-9afaf94ef2260f164b4c0afaa519a59c]: Sch. 19 para. 60 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-23c10ce962fa0c26cc7506b28a9a92d4]: Sch. 19 para. 61 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-b495634ec38b0415f53301e995ce5d5a]: Sch. 19 para. 62 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-ca1625942a6f79b698ca629eddf5e696]: Sch. 19 para. 63 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-c2bcd35a4794dd08f50dacea9ff901be]: Sch. 19 para. 64 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-996528eb3b7eb89c12de5273f726cb24]: Sch. 19 para. 65 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-3a812d1abeb2331408b451f0e6f0df46]: Sch. 19 para. 66 in force at 6.4.2016 by S.I. 2016/191, art. 2 (with art. 3)

[^key-75f08a1e423aac465f30a0f227c8eb8c]: Sch. 17 para. 9(3) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(4), 41(2)

[^key-c1e9092fff85e1e6bdc9b3f8384fb248]: S. 74 in force at 28.7.2016 by S.I. 2016/593, arts. 2(1), 3 (with arts. 4, 5)

[^key-9a4290b51ad4ca964049c3dec57f9579]: Sch. 19 paras. 20-22 omitted (6.4.2017) by virtue of Small Business, Enterprise and Employment Act 2015 (c. 26), s. 164(1), Sch. 10 para. 12; S.I. 2016/1020, reg. 4(f)

[^key-67d1365211b734d02776ab5bd5ca14a4]: Words in Sch. 4 para. 35(3) inserted (7.4.2017) by The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (S.I. 2017/447), regs. 1(2), 20(a)

[^key-c4a6982f5816534b27933558d97520b7]: Sch. 4 para. 48(4)(c)(vi) inserted (7.4.2017) by The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017 (S.I. 2017/447), regs. 1(2), 20(b)

[^key-7729f6ffbd605b02d3a6e9bc2397966a]: S. 6A inserted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(6), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-001c9072e010b6eaf0dd6dd8ada12861]: S. 1 omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(2)(a), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-69e8e55099d36dcce53438fe40f1d8e6]: S. 3 omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(2)(b), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-81deb6786a6d0fa0a6f1576e0542d182]: S. 5 omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(2)(c), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-016bbddcae8dad839f4eaaa1a112f908]: S. 2 heading substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(3)(a), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-416e3434331bb27d98ad15d7c46b1121]: S. 2(10)(11) inserted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(3)(c), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-cd6c775c0c0be525e869accf5ef2bd36]: S. 2(1)-(8) omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(3)(b), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-fe2d3f07f438362b214dfe01052302a6]: Words in s. 4(1) omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(4)(a)(i), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-c228cb52798c5bafc739178a53df29a0]: Words in s. 4(1) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(a)(ii), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-08f8c63abb4c9e93b0356c0c8780df96]: Words in s. 4(1) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(a)(iii), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-c6c9ca57421656f1789e75ba551d5aa5]: Words in s. 4(3)(d) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(b), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-cc5d15f09f70a8d8cbde466256e5d721]: Words in s. 4(3)(e) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(b), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-c108d2d9ba82d129d9d751b7a7289b17]: S. 4(5) omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(4)(c), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-d1bbe68e2796d3139ae9874108a9e842]: Words in s. 4(6) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(d)(i), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-0744e053c8100fe4aa0e3b8ea395fda4]: Words in s. 4(6) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(4)(d)(ii), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-3361eb252cef811a8f531d437402144f]: Words in s. 6(1)(a) omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(5)(a), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-36d087a3741fe274ba1dda1e68778343]: Words in s. 6(1)(b) substituted (18.8.2017) by Enterprise Act 2016 (c. 12), ss. 37(5)(b), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-abd1043353149d715b23e641463d8b59]: S. 6(3)(4) omitted (18.8.2017) by virtue of Enterprise Act 2016 (c. 12), ss. 37(5)(c), 44(5) (with s. 38); S.I. 2017/842, reg. 2

[^key-3612cea6fe8080b78af0c1285944246c]: S. 85(4A) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(2)(a), 34(1); S.I. 2019/857, reg. 2(d)

[^key-7550f7837e83ae8fc8743cbfef23a285]: S. 85(6)(7) inserted (15.4.2019) by Tenant Fees Act 2019 (c. 4), ss. 29(2)(b), 34(1); S.I. 2019/857, reg. 2(d)

[^key-d4f718bdd96671acadceab4677f094ee]: Words in Sch. 19 para. 66(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 443(1) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-fc07f94b2e14e303c99915d35e8af6aa]: Sch. 4 Pt. 3A inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 8 (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-edaf619ffb5d12791728082db76919c6]: Words in Sch. 4 para. 1(1)(b) substituted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(2)(a) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-7151d459ac165814406a7466d307de22]: Words in Sch. 4 para. 1(1)(b)(i) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(2)(b) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-b946e31e9c6b350b34850601eba5b76d]: Words in Sch. 4 para. 1(1)(b)(ii) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(2)(c) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-9bc1a150b779786261f8a9b7db69965a]: Words in Sch. 4 para. 1(1)(b)(iii) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(2)(d) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-7512f0cffdd915f7df3b906ff9e7fd09]: Sch. 4 para. 1(1)(b)(iv)(v) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(2)(e) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-ad1c2d106516dd33e6bbf75a17150810]: Sch. 4 para. 1(2A)-(2D) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 2(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-b7d3487b2842fc6d62f9de32867c4fd3]: Sch. 4 para. 3(2A) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 3(2) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-1ab647277f04af72b279346f0e6afab5]: Sch. 4 para. 3(4)(5) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 3(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-77ad648c67bbe661c85d3833a29d9c6f]: Sch. 4 para. 4(1A) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 4(2) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-2a95cf2539071738336cd34d14737803]: Words in Sch. 4 para. 4(2) substituted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 4(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-df35c47874b3e76dcc4e347468390c84]: Words in Sch. 4 para. 6(2) substituted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 5(2) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-839fde40691bf4f9d53f1bb6713ce869]: Words in Sch. 4 para. 6(3) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 5(3)(a) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-973d09ea8aaba1e2dbea6aa59802e7a3]: Sch. 4 para. 6(3)(a) substituted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 5(3)(b) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-5df3f93b7db3e34a90fd8167d13754e4]: Sch. 4 para. 6(4) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 5(4) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-65f31852735d3b4a6583ffa3e2048779]: Word in Sch. 4 para. 9(2)(a) omitted (31.12.2020) by virtue of United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 6(a) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-f5c1b0a391f010eb4a711dcf7de4e853]: Sch. 4 para. 9(2)(c) and word inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 6(b) (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-e18591c0a128c30ed850c20f7bcdbbb0]: Words in Sch. 4 para. 10(2)(b) inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), s. 59(3), Sch. 3 para. 7 (with s. 55(2)); S.I. 2020/1621, reg. 2(r)

[^key-ee447081951aa7b07f22cc5d04c5dc87]: Sch. 4 para. 48(4)(c)(iic) inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), Sch. 7 para. 11; S.I. 2021/748, reg. 2(j)

[^key-d838e7d3988363eba0a1542d099e61cd]: S. 25(3) excluded (20.9.2021) by United Kingdom Internal Market Act 2020 (c. 27), ss. 31(5)(a), 59(3) (with s. 55(2)); S.I. 2021/1062, reg. 2(b)

[^key-6218a940c18eb4e1e4dc950572c8ad28]: Sch. 4 para. 12(3)(a)-(d) substituted for word in Sch. 4 para. 12(3) (20.9.2021) by United Kingdom Internal Market Act 2020 (c. 27), ss. 40(2), 59(3) (with s. 55(2)); S.I. 2021/1062, reg. 2(i)

[^key-0984c0ecbc48d32866597f703d7af460]: Sch. 4 para. 13(2)(a)-(d) substituted for word in Sch. 4 para. 13(2) (20.9.2021) by United Kingdom Internal Market Act 2020 (c. 27), ss. 40(3), 59(3) (with s. 55(2)); S.I. 2021/1062, reg. 2(i)

[^key-21a7c5eed7de8910c6a5beb7a788a106]: Sch. 4 para. 14(3)(a)(i)-(iv) substituted for word in Sch. 4 para. 14(3) (20.9.2021) by United Kingdom Internal Market Act 2020 (c. 27), ss. 40(4), 59(3) (with s. 55(2)); S.I. 2021/1062, reg. 2(i)

[^key-28efd66a94d3d2c65bb8c32a994bd308]: Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-28efd66a94d3d2c65bb8c32a994bd308]: Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-28efd66a94d3d2c65bb8c32a994bd308]: Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Interpretation

6A

Extended power to define “relevant proceedings” for conciliation purposes

Decisions by legal officers

Confidentiality of negotiations before termination of employment

Disclosures not protected unless believed to be made in the public interest

Worker subjected to detriment by co-worker or agent of employer

Tribunal procedure: miscellaneous

Indexation of amounts: timing and rounding

Renaming of “compromise agreements”, “compromise contracts” and “compromises”

Transitional provision

Interim measures: pre-emptive action: mergers

Interim measures: financial penalties: mergers

Time-limits etc: mergers

Investigation powers: markets

Market studies and market investigations: consultation and time-limits

Civil enforcement of investigation powers

Part 1 of the 1998 Act: procedural matters

Enforcement orders: provision of information

Orders under section 52: procedural requirements

Inspection plans

Civil liability for breach of health and safety duties

Bankruptcy applications: determination by adjudicators

Redress schemes: lettings agency work

Power to add to supplies protected under Insolvency Act 1986

Power to provide for equal pay audits

PART 3A — The OIM panel

The OIM panel

58A

Constitution of OIM task groups

58B

Membership of OIM task groups

58C
58D

The validity of anything done by an OIM task group is not affected by—

Termination of person's membership of an OIM task group

58E

A member of the OIM panel may at any time resign from an OIM task group by giving written notice to this effect to the OIM panel chair.

58F
58G

A person ceases to be a member of an OIM task group on ceasing to be a member of the OIM panel.

Replacement of a member of an OIM task group

58H

Continuity on removal or replacement

58I

Powers of chair pending group's constitution and first meeting

58J

Independence of OIM task groups

58K

Casting votes

58L

If an OIM task group's vote on any decision is tied, the task group chair is to have a casting vote.

Procedure of OIM task groups

58M