The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

• (25) Section 127 shall apply as if in subsection (3) for the words “section 22, 33, 45 or 62” there were substituted “ article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”.

• (26) Section 128 shall apply as if in subsection (1) for the words “this Part” where they appear on both occasions there were substituted “ the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”.

• (27) Section 129 shall apply as if in subsections (1) to (4) for the words “this Part” where they appear on all occasions there were substituted “ the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”.

2

• (1) The following Schedules of the Act shall apply, with the modifications mentioned in sub-paragraphs (2) and (3) below, for the purposes of this Order—

• (a) Schedule 8 (provision that may be contained in certain enforcement orders); and

• (b) Schedule 10 (procedural requirements for certain enforcement undertakings and orders).

• (2) Schedule 8 shall apply as if—

• (a) in paragraph 1 for the words “this Part and Part 4” there were substituted “ the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”;

• (b) in paragraph 14—

• (i) the words “an order under section 75, 83, 84, 160 or 161, or” were omitted; and

• (ii) for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”; ...

• (ba) in paragraph 20A(1)(a) for the words “intervention notice” there were substituted “European intervention notice” and in paragraph 20A(1)(a)(ii) for the words “relevant merger situation” there were substituted “European relevant merger situation”; ...

• (bb) in paragraph 20BA—

• (i) in sub-paragraph (1) for the words “Schedule 7” there were substituted “Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003” and for the words “this Part or Part 4” there were substituted “the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”; and

• (ii) in sub-paragraph (5)(a) for the words “an intervention notice or special intervention notice” there were substituted “a European intervention notice”; and

• (c) in paragraph 24 for paragraphs (a) to (c) there were substituted “ the Secretary of State ”.

• (3) Schedule 10 shall apply as if—

• (a) in paragraphs 1(a) and 6(a)—

• (i) the words “section 73 or 82 or” were omitted; and

• (ii) for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”;

• (b) in paragraphs 1(b) and 6(b)—

• (i) the words “section 75, 83 or 84 or” were omitted; and

• (ii) for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”; and

• (c) in paragraph 2(1) the words “the CMA or (as the case may be)” were omitted.

3

Section 243(1) of the Act (overseas disclosures) shall not apply to information which comes to a public authority in connection with an investigation under this Order.

SCHEDULE 4 — CONSEQUENTIAL AMENDMENTS

Statutory Instruments Act 1946 (c. 36)

1

The Statutory Instruments Act 1946 shall apply in relation to any regulations or orders made by virtue of this Order as if they were made under powers conferred by an Act of Parliament.

Registered Designs Act 1949 (c. 88)

2

In section 11AB of the Registered Designs Act 1949 (powers exercisable following merger and market investigations)—

• (a) the reference in subsection (1)(a) to section 66(6) of the Enterprise Act 2002 shall have effect as if it included a reference to article 12(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (b) the reference in subsection (1)(a) to paragraph 5(2) or 10(2) of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5(2) or 10(2) of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (c) the reference in subsection (7) to section 63 of the Enterprise Act 2002 shall have effect as if it included a reference to article 6 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (d) the reference in subsection (7) to section 66 of the Enterprise Act 2002 shall have effect as if it included a reference to article 12 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (e) the reference in subsection (8) to Part 3 shall have effect as if it included a reference to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Patents Act 1977 (c. 37)

3

• (1) In section 50A of the Patents Act 1977 (powers exercisable following merger and market investigations)—

• (a) the reference in subsection (1)(a) to section 66(6) of the Enterprise Act 2002 shall have effect as if it included a reference to article 12(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (b) the reference in subsection (1)(a) to paragraph 5(2) or 10(2) of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5(2) or 10(2) of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (c) the reference in subsection (6) to section 63 of the Enterprise Act 2002 shall have effect as if it included a reference to article 6 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003;

• (d) the reference in subsection (6) to section 66 of the Enterprise Act 2002 shall have effect as if it included a reference to article 12 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (e) the reference in subsection (7) to Part 3 shall have effect as if it included a reference to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

• (2) In section 53(2) of the Patents Act 1977 (statements in certain reports of the Competition and Markets Authority to be prima facie evidence of the matters stated) the reference to Part 3 shall have effect as if it included a reference to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Telecommunications Act 1984 (c. 12)

4

In section 95 of the Telecommunications Act 1984 (modification of licence conditions by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Airports Act 1986 (c. 31)

5

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

Gas Act 1986 (c. 44)

6

In section 27 of the Gas Act 1986 (modification of licence conditions by order), the reference in subsection (1ZA)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

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

7

• (1) In section 144 of the Copyright, Design and Patents Act 1988 (powers exercisable in consequence of report of Competition and Markets Authority)—

• (a) the reference in subsection (1) to—

• (i) section 66(6) of the Enterprise Act 2002 shall have effect as if it included a reference to article 12(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (ii) paragraph 5(2) or 10(2) of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5(2) or 10(2) of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (b) the reference in subsection (2) to paragraphs 5, 10 and 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraphs 5, 10 and 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

• (2) In section 238 of the Copyright, Designs and Patents Act 1988 (powers exercisable for protection of the public interest)—

• (a) the reference in subsection (1) to—

• (i) section 66(6) of the Enterprise Act 2002 shall have effect as if it included a reference to article 12(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (ii) paragraph 5(2) or 10(2) of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5(2) or 10(2) of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (b) the reference in subsection (2) to paragraphs 5, 10 and 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraphs 5, 10 and 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

• (3) In Schedule 2A to the Copyright, Designs and Patents Act 1988, in paragraph 17 (powers exercisable in consequence of competition report)—

• (a) the reference in sub-paragraph (1) to—

• (i) section 66(6) of the Enterprise Act 2002 shall have effect as if it included a reference to article 12(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (ii) paragraph 5(2) or 10(2) of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5(2) or 10(2) of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (b) the reference in sub-paragraph (2) to paragraphs 5, 10 and 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraphs 5, 10 and 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Electricity Act 1989 (c. 44)

8

In section 15 of the Electricity Act 1989 (modification of licence conditions by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Broadcasting Act 1990 (c. 42)

9

In section 193 of the Broadcasting Act 1990 (modification of networking arrangements in consequence of competition legislation), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Water Industry Act 1991 (c. 56)

10

In section 17 of the Water Industry Act 1991 (modification of conditions of appointment by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

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

11

In article 18 of the Electricity (Northern Ireland) Order 1992 (modification by order under other statutory provisions), the reference in paragraph (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Railways Act 1993 (c. 43)

12

• (1) In section 16 of the Railways Act 1993 (modification of licence conditions by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

• (2) In section 66 of the Railways Act 1993 (amendments to the Fair Trading Act 1973), the reference in subsection (3) to Part 3 of the Enterprise Act 2002 shall have effect as if it included a reference to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

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

13

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

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

14

In article 18 of the Gas (Northern Ireland) Order 1996 (modification of licence conditions by order), the reference in paragraph (1A)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Competition Act 1998 (c. 41)

15

• (1) In Schedule 1 to the Competition Act 1988 (exclusions: mergers and concentrations)—

• (a) the reference in paragraph 5(a) and (b) to section 62 of the Enterprise Act 2002 shall have effect as if it included a reference to article 5 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003; and

• (b) the reference in paragraph 5(b) to a special merger situation shall have effect as if it included a reference to a European relevant merger situation.

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

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

Postal Services Act 2000 (c. 26)

16

In section 21 of the Postal Services Act 2000 (modification of licence conditions by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Transport Act 2000 (c. 38)

17

In section 19 of the Transport Act 2000 (modification of licence conditions by order), the reference in subsection (2)(a) to paragraph 5, 10 or 11 of Schedule 7 to the Enterprise Act 2002 shall have effect as if it included a reference to paragraph 5, 10 or 11 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003.

Signed

Gerry Sutcliffe, — Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers, — Department of Trade and Industry — 2003-06-17

Explanatory note

(This note is not part of the Order)

Footnotes

Sections 23 to 32 of the Act shall apply as if—

• (a) references in those sections to “the decision-making authority” were references to the CMA or (as the case may be) the Secretary of State;

• (b) in section 23(1) and (2) the words “For the purposes of this Part,” were omitted;

• (c) in section 23(9) the words “For the purposes of this Chapter,” were omitted;

• (d) for section 23(9)(a) there were substituted—

(a) in relation to the giving of a European intervention notice, the time when the notice is given; (aa) in relation to the making of a report by the CMA under article 4 of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003, the time of the making of the report; (ab) in the case of a reference which is treated as having been made under article 5(2) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 by virtue of article 7(4) of that Order, such time as the CMA may determine; and

• (e) the references to the CMA in section 24(2)(a) and (b) included references to the Secretary of State;

• (f) the references to the CMA in section 25(1) to (3), (6) and (8) included references to the Secretary of State;

• (g) the references to the CMA in section 25(4) and (5) were references to the Secretary of State;

• (h) the reference in section 25(4) to section 73 were a reference to paragraph 3 of Schedule 2 to this Order;

• (i) after section 25(5) of the Act there were inserted—

(5A) The Secretary of State may by notice to the persons carrying on the enterprises which have or may have ceased to be distinct enterprises extend the four month period mentioned in section 24(1)(a) or (2)(b) if, by virtue of article 5(7) of the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 or paragraph 3(5) of Schedule 2 to that Order, he decides to delay a decision as to whether to make a reference under article 5 of that Order. (5B) An extension under subsection (5A) shall be for the period of the delay.

• (j) in section 25(10)(b) after word “(4)” there were inserted “ , (5A) ”;

• (k) the reference in section 25(12) to one extension were a reference to one extension by the CMA and one extension by the Secretary of State;

• (l) the powers to extend time-limits under section 25 ... were not exercisable by the CMA or the Secretary of State before the giving of a European intervention notice;

• (m) in section 26(1) the words “For the purposes of this Part” were omitted;

• (n) in section 28(2) the words from “For the purposes” to “121(4)(c)(ii))” were omitted;

• (o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (p) in the case of the giving of European intervention notices, the references in sections 23 to 29 to the making of a reference or a reference were, so far as necessary, references to the giving of a European intervention notice or a European intervention notice; and

• (q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes