The Section 16 Enterprise Act 2002 Regulations 2015

Made: 3rd September 2015

Laid before Parliament: 7th September 2015

Coming into force: 1st October 2015

The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 16(1)(a) of the Enterprise Act 2002[^f00001]:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Section 16 Enterprise Act 2002 Regulations 2015 and come into force on 1st October 2015.

• (2) In these Regulations “the court” means—

• (a) in relation to England and Wales, the High Court of England and Wales;

• (b) in relation to Scotland, the Court of Session or a sheriff court;

• (c) in relation to Northern Ireland, the High Court or the county court in Northern Ireland;

Transfer of proceedings from the court to Competition Appeal Tribunal

2

Where in any proceedings before the court, there falls for determination an infringement issue[^f00002] the court—

• (a) may by order transfer to the Tribunal[^f00003] for its determination so much of the proceedings as relates to the infringement issue;

• (b) may give such directions or make such order as it thinks fit to give effect to the determination of that issue by the Tribunal.

Signed

Caroline Dinenage — Parliamentary Under Secretary of State — Ministry of Justice — 3rd September 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations enable infringement issues listed in section 16(6) of the Enterprise Act 2002 (c. 40) to be transferred by the court to the Competition Appeal Tribunal for determination.

Where the relevant transfer is made, any question relating to whether or not an infringement of the Chapter 1 or Chapter 2 prohibition specified in the Competition Act 1998 (c. 41) or Article 101 or 102 of the Treaty on the Functioning of the European Union has been or is being committed may be determined by that Tribunal.

Footnotes

[^f00001]: 2002 c. 40. The definition of “the court” in section 16(6) was amended by paragraph 81 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) and by the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012, S.I. 2012/1809.

[^f00002]: “Infringement issue” has the meaning given in section 16(6) of the Enterprise Act 2002.

[^f00003]: For the purposes of Part 2 of the Competition Act 2002 references to “the Tribunal” are to the “Competition Appeal Tribunal” established under that Part of that Act (section 12(1) of the 2002 Act).