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Competition Act 1998

Sections488

Competition Act 1998

1998 c. 41

An Act to make provision about competition and the abuse of a dominant position in the market; to confer powers in relation to investigations conducted in connection with Article 81 or 82 of the treaty establishing the European Community; to amend the Fair Trading Act 1973 in relation to information which may be required in connection with investigations under that Act; to make provision with respect to the meaning of “supply of services” in the Fair Trading Act 1973; and for connected purposes.

Enacted[9th November 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C24

C13C14C15C28C39C37C38C35C34C36C40C45C46C48C49C50C53C52C97C102C103 Part I  Competition

C85Chapter I  Agreements

Introduction

I11  Enactments replaced.

The following shall cease to have effect—
I38a the Restrictive Practices Court Act 1976 (c. 33),
b the Restrictive Trade Practices Act 1976 (c. 34),
c the Resale Prices Act 1976 (c. 53), and
d the Restrictive Trade Practices Act 1977 (c. 19).

The prohibition

C802  Agreements etc. preventing, restricting or distorting competition.

C1C47C74C77C76C75C78C79C86C87C881 Subject to section 3, agreements between undertakings, decisions by associations of undertakings or concerted practices which have as their object or effect the prevention, restriction or distortion of competition within the United Kingdom and which—
a in the case of agreements, decisions or practices implemented, or intended to be implemented in the United Kingdom, may affect trade in the United Kingdom, or
b in any other case, are likely to have an immediate, substantial and foreseeable effect on trade within the United Kingdom,
are prohibited unless they are exempt in accordance with the provisions of this Part.
2 Subsection (1) applies, in particular, to agreements, decisions or practices which—
a directly or indirectly fix purchase or selling prices or any other trading conditions;
b limit or control production, markets, technical development or investment;
c share markets or sources of supply;
d apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
e make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
F6263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Any agreement or decision which is prohibited by subsection (1) is void.
C33C995 A provision of this Part which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).
6 Subsection (5) does not apply where the context otherwise requires.
7 In this section “the United Kingdom” means, in relation to an agreement which operates or is intended to operate only in a part of the United Kingdom, that part.
8 The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter I prohibition”.

Excluded agreements

I2C923  Excluded agreements.

1 The Chapter I prohibition does not apply in any of the cases in which it is excluded by or as a result of—
a Schedule 1 (mergers and concentrations);
b Schedule 2 (competition scrutiny under other enactments);
c Schedule 3 (planning obligations and other general exclusions). F149...
F13d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter I prohibition, by—
a providing for one or more additional exclusions; or
b amending or removing any provision (whether or not it has been added by an order under this subsection).
3 The Secretary of State may at any time by order amend Schedule 3, with respect to the Chapter I prohibition, by—
a providing for one or more additional exclusions; or
b amending or removing any provision—
i added by an order under this subsection; or
ii included in paragraph 1 F627... or 9 of Schedule 3.
4 The power under subsection (3) to provide for an additional exclusion may be exercised only if it appears to the Secretary of State that agreements which fall within the additional exclusion—
a do not in general have an adverse effect on competition, or
b are, in general, best considered under Chapter II or the M1Fair Trading Act 1973the Enterprise Act 2002.
5 An order under subsection (2)(a) or (3)(a) may include provision (similar to that made with respect to any other exclusion provided by the relevant Schedule) for the exclusion concerned to cease to apply to a particular agreement.
6 Schedule 3 also gives the Secretary of State power to exclude agreements from the Chapter I prohibition in certain circumstances.

Exemptions

4  Individual exemptions.

1 The OFT may grant an exemption from the Chapter I prohibition with respect to a particular agreement if—
a a request for an exemption has been made to it under section 14 by a party to the agreement; and
b the agreement is one to which section 9 applies.
2 An exemption granted under this section is referred to in this Part as an individual exemption.
3 The exemption—
a may be granted subject to such conditions or obligations as the OFT considers it appropriate to impose; and
b has effect for such period as the OFT considers appropriate.
4 That period must be specified in the grant of the exemption.
5 An individual exemption may be granted so as to have effect from a date earlier than that on which it is granted.
6 On an application made in such way as may be specified by rules under section 51, the OFT may extend the period for which an exemption has effect; but, if the rules so provide, it may do so only in specified circumstances.

5  Cancellation etc. of individual exemptions.

1 If the OFT has reasonable grounds for believing that there has been a material change of circumstance since it granted an individual exemption, it may by notice in writing—
a cancel the exemption;
b vary or remove any condition or obligation; or
c impose one or more additional conditions or obligations.
2 If the OFT has a reasonable suspicion that the information on which it based its decision to grant an individual exemption was incomplete, false or misleading in a material particular, it may by notice in writing take any of the steps mentioned in subsection (1).
3 Breach of a condition has the effect of cancelling the exemption.
4 Failure to comply with an obligation allows the OFT, by notice in writing, to take any of the steps mentioned in subsection (1).
5 Any step taken by the OFT under subsection (1), (2) or (4) has effect from such time as may be specified in the notice.
6 If an exemption is cancelled under subsection (2) or (4), the date specified in the notice cancelling it may be earlier than the date on which the notice is given.
7 The OFT may act under subsection (1), (2) or (4) on its own initiative or on a complaint made by any person.

C906  Block exemptions.

1 If agreements which fall within a particular category of agreement are, in the opinion of the CMA, likely to be exempt agreements, the CMA may recommend that the Secretary of State make an order specifying that category for the purposes of this section.
2 The Secretary of State may make an order (“a block exemption order”) giving effect to such a recommendation—
a in the form in which the recommendation is made; or
b subject to such modifications as he considers appropriate.
3 An agreement which falls within a category specified in a block exemption order is exempt from the Chapter I prohibition.
4 An exemption under this section is referred to in this Part as a block exemption.
5 A block exemption order may impose conditions or obligations subject to which a block exemption is to have effect.
6 A block exemption order may provide—
a that breach of a condition imposed by the order has the effect of cancelling the block exemption in respect of an agreement;
b that if there is a failure to comply with an obligation imposed by the order, the CMA may, by notice in writing, cancel the block exemption in respect of the agreement;
c that if the CMA considers that a particular agreement is not an exempt agreement, it may cancel the block exemption in respect of that agreement.
7 A block exemption order may provide that the order is to cease to have effect at the end of a specified period.
8 In this section—
  • “exempt agreement” means an agreement which is exempt from the Chapter I prohibition as a result of section 9; and
  • “specified” means specified in a block exemption order.

7  Block exemptions: opposition.

1 A block exemption order may provide that a party to an agreement which—
a does not qualify for the block exemption created by the order, but
b satisfies specified criteria,
may notify the OFT of the agreement for the purposes of subsection (2).
2 An agreement which is notified under any provision included in a block exemption order by virtue of subsection (1) is to be treated, as from the end of the notice period, as falling within a category specified in a block exemption order unless the OFT—
a is opposed to its being so treated; and
b gives notice in writing to the party concerned of its opposition before the end of that period.
3 If the OFT gives notice of its opposition under subsection (2), the notification under subsection (1) is to be treated as both notification under section 14 and as a request for an individual exemption made under subsection (3) of that section.
4 In this section “notice period” means such period as may be specified with a view to giving the OFT sufficient time to consider whether to oppose under subsection (2).

C918  Block exemptions: procedure.

1 Before making a recommendation under section 6(1), the CMA must—
a publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and
b consider any representations about it which are made to it.
2 If the Secretary of State proposes to give effect to such a recommendation subject to modifications, he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .
3 If, in the opinion of the CMA , it is appropriate to vary or revoke a block exemption order it may make a recommendation to that effect to the Secretary of State.
4 Subsection (1) also applies to any proposed recommendation under subsection (3).
5 Before exercising its power to vary or revoke a block exemption order (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—
a inform the CMA of the proposed variation or revocation; and
b take into account any comments made by the CMA .
6 A block exemption order may provide for a block exemption to have effect from a date earlier than that on which the order is made.

9  Exempt agreements.

1 An agreement is exempt from the Chapter I prohibition if it—
a contributes to—
i improving production or distribution, or
ii promoting technical or economic progress,
while allowing consumers a fair share of the resulting benefit; and
b does not—
i impose on the undertakings concerned restrictions which are not indispensable to the attainment of those objectives; or
ii afford the undertakings concerned the possibility of eliminating competition in respect of a substantial part of the products in question.
2 In any proceedings in which it is alleged that the Chapter I prohibition is being or has been infringed by an agreement, any undertaking or association of undertakings claiming the benefit of subsection (1) shall bear the burden of proving that the conditions of that subsection are satisfied.

C9310  Assimilated exemptions.

A1 An agreement is exempt from the Chapter I prohibition if it falls within a category of agreements specified as exempt in an assimilated block exemption regulation.
F4661 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4672 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 An exemption from the Chapter I prohibition under this section is referred to in this Part as an assimilated exemption.
4 An assimilated exemption—
F470a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b ceases to have effect—
i if the relevant assimilated block exemption regulation ceases to have effect; or
ii on being cancelled by virtue of subsection (5) or (7).
5 In such circumstances and manner as may be specified in rules made under section 51, the CMA may—
a impose conditions or obligations subject to which an assimilated exemption is to have effect in respect of an agreement;
b vary or remove any such condition or obligation;
c impose one or more additional conditions or obligations;
d cancel the exemption in respect of an agreement.
6 In such circumstances as may be specified in rules made under section 51, the date from which cancellation of an exemption is to take effect may be earlier than the date on which notice of cancellation is given.
7 Breach of a condition imposed by the CMA has the effect of cancelling the exemption.
8 In exercising its powers under this section, the CMA may require any person who is a party to the agreement in question to give it such information as it may require.
F4759 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12  In this Part, “ assimilated block exemption regulation” means the following regulations as amended from time to time—
a Council Regulation (EC) 169/2009 applying rules of competition to transport by rail, road and inland waterway;
b Commission Regulation (EC) 906/2009 on the application of Article 81(3) of the Treaty to certain categories of agreements, decisions and concerted practices between liner shipping companies (consortia);
c Commission Regulation (EU) 330/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices;
d Commission Regulation (EU) 461/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices in the motor vehicle sector;
e Commission Regulation (EU) 1217/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements;
f Commission Regulation (EU) 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements;
g Commission Regulation (EU) 316/2014 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements.

C9410A Power to vary etc assimilated block exemption regulations

1 The Secretary of State may by regulations vary or revoke an assimilated block exemption regulation.
2 In exercising the power under subsection (1), the Secretary of State must have regard to the conditions specified in section 9(1) for exemption from the Chapter 1 prohibition.
3 If, in the opinion of the CMA, it is appropriate to vary or revoke an assimilated block exemption regulation, the CMA may make a recommendation to that effect to the Secretary of State.
4 Before making a recommendation under subsection (3), the CMA must—
a publish details of its proposed recommendation in such a way as it thinks most suitable for bringing it to the attention of those likely to be affected; and
b consider any representations about it which are made to it.
5 Before exercising the power to vary or revoke an assimilated block exemption regulation (in a case where there has been no recommendation under subsection (3)), the Secretary of State must—
a inform the CMA of the proposed variation or revocation; and
b take into account any comments made by the CMA.

F47811  Exemption for certain other agreements.

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

Notification

I312  Requests for OFT to examine agreements.

1 Sections 13 and 14 provide for an agreement to be examined by the OFT on the application of a party to the agreement who thinks that it may infringe the Chapter I prohibition.
2 Schedule 5 provides for the procedure to be followed—
a by any person making such an application; and
b by the OFT, in considering such an application.
3 The Secretary of State may by regulations make provision as to the application of sections 13 to 16 and Schedule 5, with such modifications (if any) as may be prescribed, in cases where the OFT—
a has given a direction withdrawing an exclusion; or
b is considering whether to give such a direction.

C213  Notification for guidance.

1 A party to an agreement who applies for the agreement to be examined under this section must—
a notify the OFT of the agreement; and
b apply to the OFT for guidance.
2 On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the agreement is likely to infringe the Chapter I prohibition.
3 If the OFT considers that the agreement is likely to infringe the prohibition if it is not exempt, its guidance may indicate—
a whether the agreement is likely to be exempt from the prohibition under—
i a block exemption;
ii a parallel exemption; or
iii a section 11 exemption; or
b whether it would be likely to grant the agreement an individual exemption if asked to do so.
4 If an agreement to which the prohibition applies has been notified to the OFT under this section, no penalty is to be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period—
a beginning with the date on which notification was given; and
b ending with such date as may be specified in a notice in writing given to the applicant by the OFT when the application has been determined.
5 The date specified in a notice under subsection (4)(b) may not be earlier than the date on which the notice is given.

C314 Notification for a decision.

1 A party to an agreement who applies for the agreement to be examined under this section must—
a notify the OFT of the agreement; and
b apply to the OFT for a decision.
2 On an application under this section, the OFT may make a decision as to—
a whether the Chapter I prohibition has been infringed; and
b if it has not been infringed, whether that is because of the effect of an exclusion or because the agreement is exempt from the prohibition.
3 If an agreement is notified to the OFT under this section, the application may include a request for the agreement to which it relates to be granted an individual exemption.
4 If an agreement to which the prohibition applies has been notified to the OFT under this section, no penalty is to be imposed under this Part in respect of any infringement of the prohibition by the agreement which occurs during the period—
a beginning with the date on which notification was given; and
b ending with such date as may be specified in a notice in writing given to the applicant by the OFT when the application has been determined.
5 The date specified in a notice under subsection (4)(b) may not be earlier than the date on which the notice is given.

C415  Effect of guidance.

1 This section applies to an agreement if the OFT has determined an application under section 13 by giving guidance that—
a the agreement is unlikely to infringe the Chapter I prohibition, regardless of whether or not it is exempt;
b the agreement is likely to be exempt under—
i a block exemption;
ii a parallel exemption; or
iii a section 11 exemption; or
c it would be likely to grant the agreement an individual exemption if asked to do so.
2 The OFT is to take no further action under this Part with respect to an agreement to which this section applies, unless—
a it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
b it has a reasonable suspicion that the information on which it based its guidance was incomplete, false or misleading in a material particular;
c one of the parties to the agreement applies to it for a decision under section 14 with respect to the agreement; or
d a complaint about the agreement has been made to it by a person who is not a party to the agreement.
3 No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.
4 But the OFT may remove the immunity given by subsection (3) if—
a it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);
b it considers it likely that the agreement will infringe the prohibition; and
c it gives notice in writing to the party on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
5 If the OFT has a reasonable suspicion that information—
a on which it based its guidance, and
b which was provided to it by a party to the agreement,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

C516  Effect of a decision that the Chapter I prohibition has not been infringed.

1 This section applies to an agreement if the OFT has determined an application under section 14 by making a decision that the agreement has not infringed the Chapter I prohibition.
2 The OFT is to take no further action under this Part with respect to the agreement unless—
a it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or
b it has a reasonable suspicion that the information on which it based its decision was incomplete, false or misleading in a material particular.
3 No penalty may be imposed under this Part in respect of any infringement of the Chapter I prohibition by an agreement to which this section applies.
4 But the OFT may remove the immunity given by subsection (3) if—
a it takes action under this Part with respect to the agreement in one of the circumstances mentioned in subsection (2);
b it considers that it is likely that the agreement will infringe the prohibition; and
c it gives notice in writing to the party on whose application the decision was made that it is removing the immunity as from the date specified in its notice.
5 If the OFT has a reasonable suspicion that information—
a on which it based its decision, and
b which was provided to it by a party to the agreement,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

Chapter II  Abuse of Dominant Position

Introduction

17  Enactments replaced.

Sections 2 to 10 of the M2Competition Act 1980 (control of anti-competitive practices) shall cease to have effect.

The prohibition

C8118  Abuse of dominant position.

C61 Subject to section 19, any conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom.
2 Conduct may, in particular, constitute such an abuse if it consists in—
a directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;
b limiting production, markets or technical development to the prejudice of consumers;
c applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
d making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of the contracts.
3 In this section—
  • “dominant position” means a dominant position within the United Kingdom; and
  • “the United Kingdom” means the United Kingdom or any part of it.
4 The prohibition imposed by subsection (1) is referred to in this Act as “the Chapter II prohibition”.

Excluded cases

19  Excluded cases.

1 The Chapter II prohibition does not apply in any of the cases in which it is excluded by or as a result of—
a Schedule 1 (mergers and concentrations); or
b Schedule 3 (general exclusions).
2 The Secretary of State may at any time by order amend Schedule 1, with respect to the Chapter II prohibition, by—
a providing for one or more additional exclusions; or
b amending or removing any provision (whether or not it has been added by an order under this subsection).
F6283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Schedule 3 also gives the Secretary of State power to provide that the Chapter II prohibition is not to apply in certain circumstances.

Notification

20  Requests for OFT to consider conduct.

1 Sections 21 and 22 provide for conduct of a person which that person thinks may infringe the Chapter II prohibition to be considered by the OFT on the application of that person.
2 Schedule 6 provides for the procedure to be followed—
a by any person making an application, and
b by the OFT, in considering an application.

21  Notification for guidance.

1 A person who applies for conduct to be considered under this section must—
a notify the OFT of it; and
b apply to the OFT for guidance.
2 On an application under this section, the OFT may give the applicant guidance as to whether or not, in its view, the conduct is likely to infringe the Chapter II prohibition.

22  Notification for a decision.

1 A person who applies for conduct to be considered under this section must—
a notify the OFT of it; and
b apply to the OFT for a decision.
2 On an application under this section, the OFT may make a decision as to—
a whether the Chapter II prohibition has been infringed; and
b if it has not been infringed, whether that is because of the effect of an exclusion.

23  Effect of guidance.

1 This section applies to conduct if the OFT has determined an application under section 21 by giving guidance that the conduct is unlikely to infringe the Chapter II prohibition.
2 The OFT is to take no further action under this Part with respect to the conduct to which this section applies, unless—
a it has reasonable grounds for believing that there has been a material change of circumstance since it gave its guidance;
b it has a reasonable suspicion that the information on which it based its guidance was incomplete, false or misleading in a material particular; or
c a complaint about the conduct has been made to it.
3 No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.
4 But the OFT may remove the immunity given by subsection (3) if—
a it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
b it considers that it is likely that the conduct will infringe the prohibition; and
c it gives notice in writing to the undertaking on whose application the guidance was given that it is removing the immunity as from the date specified in its notice.
5 If the OFT has a reasonable suspicion that information—
a on which it based its guidance, and
b which was provided to it by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

24  Effect of a decision that the Chapter II prohibition has not been infringed.

1 This section applies to conduct if the OFT has determined an application under section 22 by making a decision that the conduct has not infringed the Chapter II prohibition.
2 The OFT is to take no further action under this Part with respect to the conduct unless—
a it has reasonable grounds for believing that there has been a material change of circumstance since it gave its decision; or
b it has a reasonable suspicion that the information on which it based its decision was incomplete, false or misleading in a material particular.
3 No penalty may be imposed under this Part in respect of any infringement of the Chapter II prohibition by conduct to which this section applies.
4 But the OFT may remove the immunity given by subsection (3) if—
a it takes action under this Part with respect to the conduct in one of the circumstances mentioned in subsection (2);
b it considers that it is likely that the conduct will infringe the prohibition; and
c it gives notice in writing to the undertaking on whose application the decision was made that it is removing the immunity as from the date specified in its notice.
5 If the OFT has a reasonable suspicion that information—
a on which it based its decision, and
b which was provided to it by an undertaking engaging in the conduct,
was incomplete, false or misleading in a material particular, the date specified in a notice under subsection (4)(c) may be earlier than the date on which the notice is given.

C95Chapter III  Investigation and Enforcement

Investigations

25 Power of CMA to investigate

1 In any of the following cases, the CMA may conduct an investigation.
2 The first case is where there are reasonable grounds for suspecting that there is an agreement which—
a may affect trade within the United Kingdom; and
b has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
F4823 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The third case is where there are reasonable grounds for suspecting that the Chapter II prohibition has been infringed.
F4795 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 The fifth case is where there are reasonable grounds for suspecting that, at some time in the past, there was an agreement which at that time—
a may have affected trade within the United Kingdom; and
b had as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
F4837 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Subsection (2) does not permit an investigation to be conducted in relation to an agreement if the CMA —
a considers that the agreement is exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption; and
b does not have reasonable grounds for suspecting that the circumstances may be such that it could exercise its power to cancel the exemption.
F4809 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Subsection (6) does not permit an investigation to be conducted in relation to any agreement if the CMA considers that, at the time in question, the agreement was exempt from the Chapter I prohibition as a result of a block exemption or an assimilated exemption.
F48111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 It is immaterial for the purposes of subsection (6) F486... whether the agreement in question remains in existence.

25A Power of CMA to publish notice of investigation etc

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), (4) and (6) 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.
1A Where the CMA assists an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the CMA may publish a notice which may, in particular—
a state its decision to do so;
b identify the overseas regulator concerned;
c summarise the matter in respect of which the assistance is to be provided;
d identify any undertaking in respect of which the assistance is to be provided;
e identify the market which is or was affected by the matter in respect of which the assistance is to be provided.
2 Section 57 does not apply to a notice under subsection (1) or (1A) to the extent that it includes information other than information mentioned in the subsection concerned.
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.

25B Duty to preserve documents relevant to investigations

1 Subsection (2) applies where a person knows or suspects that—
a an investigation by the CMA under section 25 is being or is likely to be carried out , or
b the CMA is assisting, or is likely to assist, an overseas regulator in carrying out any of its functions which correspond or are similar to the functions of the CMA under this Part (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024).
2 The person must not—
a falsify, conceal, destroy or otherwise dispose of, or
b cause or permit the falsification, concealment, destruction or disposal of,
a document which the person knows or suspects is or would be relevant to the investigation or to the provision of such assistance.
3 In this section, the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

C22C43C9826 Investigations: powers to require documents and information

1 For the purposes of an investigation under section 25, the CMA may require any person to produce to it a specified document, or to provide it with specified information, which it considers relates to any matter relevant to the investigation.
2 The power conferred by subsection (1) is to be exercised by a notice in writing.
3 A notice under subsection (2) must F636...—
a indicate the subject matter and purpose of the investigation; and
b include information about the possible consequences of failing to comply with the notice.
4 In subsection (1) “specified” means—
a specified, or described, in the notice; or
b falling within a category which is specified, or described, in the notice.
5 The CMA may also specify in the notice—
a the time and place at which any document is to be produced or any information is to be provided;
b the manner and form in which it is to be produced or provided.
6 The power under this section to require a person to produce a document includes power—
a if the document is produced—
i to take copies of it or extracts from it;
ii to require him, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;
b if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.

C9826A Investigations: power to ask questions

1 For the purposes of an investigation, the CMA may give notice to an individual F638... requiring the individual to answer questions with respect to any matter relevant to the investigation—
a at a place or in a manner (which may be remote) 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 any 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 F642...—
a indicate the subject matter and purpose of the investigation, and
b include information about the possible consequences of failing to comply with the notice.
6 For the purposes of this section, an individual has a current connection with an undertaking if, at the time in question, the individual is—
a concerned in the management or control of the undertaking, or
b employed by, or otherwise working for, the undertaking.
7 In this section, a “relevant undertaking” means an undertaking whose activities are being investigated as part of the investigation in question.

C22C43C9827  Power to enter business premises without a warrant

1 Any officer of the CMA who is authorised in writing by the CMA to do so (“an investigating officer”) may enter any business premises in connection with an investigation under section 25.
2 No investigating officer is to enter any premises in the exercise of his powers under this section unless he has given to the occupier of the premises a written notice which—
a gives at least two working days’ notice of the intended entry;
b indicates the subject matter and purpose of the investigation; and
c includes information about the possible consequences of failing to comply with the notice.
3 Subsection (2) does not apply—
a if the CMA has a reasonable suspicion that the premises are, or have been, occupied by—
i a party to an agreement which it is investigating section 25; or
ii an undertaking the conduct of which it is investigating under section 25; or
b if the investigating officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
4 In a case falling within subsection (3), the power of entry conferred by subsection (1) is to be exercised by the investigating officer on production of—
a evidence of his authorisation; and
b a document containing the information referred to in subsection (2)(b) and (c).
5 An investigating officer entering any premises under this section may—
a take with him such equipment as appears to him to be necessary;
b require any person on the premises—
i to produce any document which he considers relates to any matter relevant to the investigation; and
ii if the document is produced, to provide an explanation of it;
c require any person to state, to the best of his knowledge and belief, where any such document is to be found;
d take copies of, or extracts from, any document which is produced;
e require any information which is stored in any electronic form and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form—
i in which it can be taken away, and
ii in which it is visible and legible or from which it can readily be produced in a visible and legible form.
f take any steps which appear to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.
6 In this section “business premises” means premises (or any part of premises) not used as a dwelling.

C22C43C9828 Power to enter business premises under a warrant.

1 On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—
a there are reasonable grounds for suspecting that there are on or accessible from any business premises documents—
i the production of which has been required under section 26 or 27; and
ii which have not been produced as required;
b there are reasonable grounds for suspecting that—
i there are on or accessible from any business premises documents which the CMA has power under section 26 to require to be produced; and
ii if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or
c an investigating officer has attempted to enter premises in the exercise of his powers under section 27 but has been unable to do so and that there are reasonable grounds for suspecting that there are on or accessible from the premises documents the production of which could have been required under that section.
C7C412 A warrant under this section shall authorise a named officer of the CMA , and any other of the “CMA's officers whom the CMA has authorised in writing to accompany the named officer—
a to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
b to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (“the relevant kind”);
c to take possession of any documents appearing to be of the relevant kind if—
i such action appears to be necessary for preserving the documents or preventing interference with them; or
ii it is not reasonably practicable to take copies of the documents on the premises;
d to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
e to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;
C8C21f to require any information which is stored in any electronic form and is accessible from the premises F648... to be produced in a form—
i in which it can be taken away, and
ii in which it is visible and legible or from which it can readily be produced in a visible and legible form;
g to operate any equipment found on the premises for the purposes of producing such information in such a form;
h to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
i to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
3 If, in the case of a warrant under subsection (1)(b), the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.
3A A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.
4 Any person entering premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.
5 On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
6 A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.
C9C207 Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.
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.
8 In this section “business premises” has the same meaning as in section 27.

C43C9828A Power to enter domestic premises under a warrant

1 On an application made to it by the CMA, the court or the Tribunal may issue a warrant if it is satisfied that—
a there are reasonable grounds for suspecting that there are on or accessible from any domestic premises documents—
i the production of which has been required under section 26; and
ii which have not been produced as required; or
b there are reasonable grounds for suspecting that—
i there are on or accessible from any domestic premises documents which the CMA has power under section 26 to require to be produced; and
ii if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed.
2 A warrant under this section shall authorise a named officer of the CMA, and any other of its officers whom the CMA has authorised in writing to accompany the named officer—
a to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
b to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (“the relevant kind”);
c to take possession of any documents appearing to be of the relevant kind if—
i such action appears to be necessary for preserving the documents or preventing interference with them; or
ii it is not reasonably practicable to take copies of the documents on the premises;
d to take any other steps which appear to be necessary for the purpose mentioned in paragraph (c)(i);
e to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;
f to require any information which is stored in any electronic form and is accessible from the premises F653... to be produced in a form—
i in which it can be taken away, and
ii in which it is visible and legible or from which it can readily be produced in a visible and legible form;
g to operate any equipment found on the premises for the purposes of producing such information in such a form;
h to require any person on the premises to give the named officer any assistance the named officer may reasonably require (including for the purposes of paragraphs (f) and (g));
i to take copies of, or take possession of, anything produced in accordance with paragraph (f) or (g) which the named officer considers relates to any matter relevant to the investigation.
3 If, in the case of a warrant under subsection (1)(b), the court or (as the case may be) the Tribunal is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in subsection (2) to be taken in relation to any such document.
4 A warrant under this section may authorise persons specified in the warrant to accompany the named officer who is executing it.
5 Any person entering premises by virtue of a warrant under this section may take with him such equipment as appears to him to be necessary.
6 On leaving any premises which he has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
7 A warrant under this section continues in force until the end of the period of one month beginning with the day on which it is issued.
8 Any document of which possession is taken under subsection (2)(c) may be retained for a period of three months.
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.
9 In this section, “domestic premises” means premises (or any part of premises) that are used as a dwelling and are—
a premises also used in connection with the affairs of an undertaking or association of undertakings; or
b premises where documents relating to the affairs of an undertaking or association of undertakings are kept.

C22C43C9829  Entry of premises under warrant: supplementary.

1 A warrant issued under section 28 or 28A must F655...—
a indicate the subject matter and purpose of the investigation;
b include information about the possible consequences of failing to comply with the notice.
2 The powers conferred by section 28 or 28A are to be exercised on production of a warrant issued under that section.
3 If there is no one at the premises when the named officer proposes to execute such a warrant he must, before executing it—
a take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and
b if the occupier is informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.
4 If the named officer is unable to inform the occupier of the intended entry he must, when executing the warrant, leave a copy of it in a prominent place on the premises.
5 In this section—
  • “named officer” means the officer named in the warrant; and
  • “occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.

C22C4330  Privileged communications.

1 A person shall not be required, under any provision of this Part, to produce or disclose a privileged communication.
1A Nothing in section 28 or 28A authorises an officer to produce or take possession of, or make copies of or take extracts from, anything which, by virtue of subsection (1), a person could not be required to produce or disclose under this Part.
2 “Privileged communication” means a communication—
a between a professional legal adviser and his client, or
b made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
3 In the application of this section to Scotland—
a references to the High Court are to be read as references to the Court of Session; and
b the reference to legal professional privilege is to be read as a reference to confidentiality of communications.

30A  Use of statements in prosecution

1 A statement made by a person in response to a requirement imposed by virtue of any of sections 26, 27 to 28A and 40ZD may not be used in evidence against him on a prosecution for an offence under section 188 of the Enterprise Act 2002 unless, in the proceedings—
a in giving evidence, he makes a statement inconsistent with it, and
b evidence relating to it is adduced, or a question relating to it is asked, by him or on his behalf.
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.

31  Decisions following an investigation.

1 If as a result of an investigation the CMA proposes to make a decision, the CMA must—
a give written notice to the person (or persons) likely to be affected by the proposed decision; and
b give that person (or those persons) an opportunity to make representations.
2 For the purposes of this section and sections 31A and 31B “decision” means a decision of the CMA —
a that the Chapter I prohibition has been infringed; or
b that the Chapter II prohibition has been infringed;
F490c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F491d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31A Commitments

1 Subsection (2) applies in a case where the CMA has begun an investigation under section 25 but has not made a decision (within the meaning given by section 31(2)).
2 For the purposes of addressing the competition concerns it has identified, the CMA may accept from such person (or persons) concerned as it considers appropriate commitments to take such action (or refrain from taking such action) as it considers appropriate.
2A But the CMA may not accept commitments from a person unless it has provided the person with information about the possible consequences of failing to adhere to the commitments.
3 At any time when commitments are in force the CMA may accept from the person (or persons) who gave the commitments—
a a variation of them if it is satisfied that the commitments as varied will address its current competition concerns;
b commitments in substitution for them if it is satisfied that the new commitments will address its current competition concerns.
4 Commitments under this section—
a shall come into force when accepted; and
b may be released by the CMA where—
i it is requested to do so by the person (or persons) who gave the commitments; or
ii it has reasonable grounds for believing that the competition concerns referred to in subsection (2) or (3) no longer arise.
5 The provisions of Schedule 6A to this Act shall have effect with respect to procedural requirements for the acceptance, variation and release of commitments under this section.

31B Effect of commitments under section 31A

1 Subsection (2) applies if the CMA has accepted commitments under section 31A (and has not released them).
2 In such a case, the CMA shall not—
a continue the investigation,
b make a decision (within the meaning of section 31(2)), or
c give a direction under section 35,
in relation to the agreement or conduct which was the subject of the investigation (but this subsection is subject to subsections (3) and (4)).
3 Nothing in subsection (2) prevents the CMA from taking any action in relation to competition concerns which are not addressed by commitments accepted by it.
4 Subsection (2) also does not prevent the CMA from continuing the investigation, making a decision, or giving a direction where—
a it has reasonable grounds for believing that there has been a material change of circumstances since the commitments were accepted;
b it has reasonable grounds for suspecting that a person has failed to adhere to one or more of the terms of the commitments; or
c it has reasonable grounds for suspecting that information which led it to accept the commitments was incomplete, false or misleading in a material particular.
5 If, pursuant to subsection (4), the CMA makes a decision or gives a direction the commitments are to be treated as released from the date of that decision or direction.

31C Review of commitments

1 Where the CMA is reviewing or has reviewed the effectiveness of commitments accepted under section 31A it must, if requested to do so by the Secretary of State, prepare a report of its findings.
2 The CMA must—
a give any report prepared by it under subsection (1) to the Secretary of State; and
b publish the report.

31D Guidance

1 The CMA must prepare and publish guidance as to the circumstances in which it may be appropriate to accept commitments under section 31A.
2 The CMA may at any time alter the guidance.
3 If the guidance is altered, the CMA must publish it as altered.
4 No guidance is to be published under this section without the approval of the Secretary of State.
5 The CMA may, after consulting the Secretary of State, choose how it publishes its guidance.
6 If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate.
7 If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
8 When exercising its discretion to accept commitments under section 31A, the CMA must have regard to the guidance for the time being in force under this section.

31E Enforcement of commitments

1 If a person from whom the CMA has accepted commitments fails without reasonable excuse to adhere to the commitments (and has not been released from them), the CMA may apply to the court for an order—
a requiring the defaulter to make good his default within a time specified in the order; or
b if the commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
2 An order of the court under subsection (1) may provide for all the costs of, or incidental to, the application for the order to be borne by—
a the person in default; or
b any officer of an undertaking who is responsible for the default.
3 In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
4 In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to adhere to the commitments.

31F Power for Secretary of State to impose time-limits on investigations etc.

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.

Enforcement : directions and interim measures

C59C58C56C54C70C66C67C71C62C63C5832  Directions in relation to agreements.

1 If the CMA has made a decision that an agreement infringes the Chapter I prohibition F492... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end.
2 Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part.
3 A direction under this section may, in particular, include provision—
a requiring the parties to the agreement to modify the agreement; or
b requiring them to terminate the agreement.
4 A direction under this section must be given in writing.

33  Directions in relation to conduct.

1 If the CMA has made a decision that conduct infringes the Chapter II prohibition F493... , it may give to such person or persons as it considers appropriate such directions as it considers appropriate to bring the infringement to an end.
2 Subsection (1) applies whether the OFT’s decision is made on its own initiative or on an application made to it under this Part.
3 A direction under this section may, in particular, include provision—
a requiring the person concerned to modify the conduct in question; or
b requiring him to cease that conduct.
4 A direction under this section must be given in writing.

34  Enforcement of directions.

1 If a person fails, without reasonable excuse, to comply with a direction under section 32 or 33, the CMA may apply to the court for an order—
a requiring the defaulter to make good his default within a time specified in the order; or
b if the direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
2 An order of the court under subsection (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by—
a the person in default; or
b any officer of an undertaking who is responsible for the default.
3 In the application of subsection (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
4 In deciding whether and, if so, how to proceed under this section, the CMA must have regard to the statement of policy which was most recently published by it under section 35C at the time of the failure to comply with the direction.

35  Interim measures.

1 Subject to subsection (8), this section applies if the CMA has begun an investigation under section 25 and not completed it (but only applies so long as the CMA has power under section 25 to conduct that investigation).
C60C61C57C55C72C73C68C69C64C652 If the CMA considers that it is necessary for it to act under this section as a matter of urgency for the purpose—
a of preventing significant damage to a particular person or category of person, or
b of protecting the public interest,
it may give such directions as it considers appropriate for that purpose.
3 Before giving a direction under this section, the CMA must—
a give written notice to the person (or persons) to whom it proposes to give the direction; and
b give that person (or each of them) an opportunity to make representations.
4 A notice under subsection (3) must indicate the nature of the direction which the CMA is proposing to give and its reasons for wishing to give it.
5 A direction given under this section may if the circumstances permit be replaced by—
a a direction under section 32 or (as appropriate) section 33, or
b commitments accepted under section 31A,
but, subject to that, has effect while this section applies.
6 In the cases mentioned in section 25(2) and (6), sections 32(3) and 34 also apply to directions given under this section.
7 In the cases mentioned in section 25(4), sections 33(3) and 34 also apply to directions given under this section.
8 In the case of an investigation conducted by virtue of section 25(2) or (6), this section does not apply if a person has produced evidence to the CMA in connection with the investigation that satisfies it on the balance of probabilities that, in the event of it reaching the basic infringement conclusion, it would also reach the conclusion that the suspected agreement is exempt from the Chapter I prohibition as a result of section 9(1); and in this subsection “the basic infringement conclusion” is the conclusion that there is an agreement which—
a may affect trade within the United Kingdom, and
b has as its object or effect the prevention, restriction or distortion of competition within the United Kingdom.
F4979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil sanctions: breaches of commitments, directions and interim measures

35A Enforcement of powers under sections 31A, 32, 33 and 35: imposition of penalties

1 The CMA may, in accordance with section 35B, impose a penalty on a person—
a from whom the CMA has accepted commitments under section 31A (and who has not been released from those commitments), or
b to whom the CMA has given a direction under section 32, 33 or 35,
where the CMA considers that the person has, without reasonable excuse, failed to adhere to the commitments or comply with the direction.
2 In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 35C at the time of the failure to adhere or comply.

35B Penalties under section 35A: amount

1 A penalty under section 35A(1) is to be such amount as the CMA considers appropriate.
2 The amount must 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 section 35A(1) on a person who is not an undertaking must not—
a in the case of a fixed amount, exceed £30,000;
b in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day;
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.
4 A penalty imposed under section 35A(1) on a person who is an undertaking must not—
a in the case of a fixed amount, exceed 5% of the total value of the turnover of the undertaking;
b in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover of the undertaking;
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.
5 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 the provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by subsection (6)), 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 day on which the person adheres to the commitments or complies with the direction (as the case may be) referred to in section 35A(1).
6 Sections 112 to 115 of the Enterprise Act 2002 apply in relation to a penalty imposed under section 35A(1) as they apply in relation to a penalty imposed under section 110(1) or (1A) of that Act, with the following modifications—
a any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only;
b section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted;
c section 114(12) is to be read as if, for paragraph (b), there were substituted—
7 The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.
8 Before making regulations under subsection (7) the Secretary of State must consult—
a the CMA, and
b such other persons as the Secretary of State considers appropriate.
9 The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of subsection (4).
10 Regulations under subsection (9) may, in particular, make provision as to—
a the amounts which are, or which are not, to be treated as comprising an undertaking’s turnover or daily turnover;
b the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined.
11 Regulations under subsection (9) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (10)).

Statement of policy in relation to functions under sections 31E, 34 and 35A

35C Statement of policy in relation to functions under sections 31E, 34 and 35A

1 The CMA must prepare and publish a statement of policy in relation to the exercise of functions under sections 31E, 34 and 35A.
2 The statement must, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 35A(1).
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 the Secretary of State and such other 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 A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.

Civil sanctions: infringements of the Chapter I or II prohibitions

36  Penalties.

1 On making a decision that an agreement has infringed the Chapter I prohibition F498..., the CMA may require an undertaking which is a party to the agreement to pay the CMA a penalty in respect of the infringement.
2 On making a decision that conduct has infringed the Chapter II prohibition F499..., the CMA may require the undertaking concerned to pay the CMA a penalty in respect of the infringement.
3 The CMA may impose a penalty on an undertaking under subsection (1) or (2) only if the CMA is satisfied that the infringement has been committed intentionally or negligently by the undertaking.
4 Subsection (1) is subject to section 39 and does not apply in relation to a decision that an agreement has infringed the Chapter I prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the agreement.
5 Subsection (2) is subject to section 40 and does not apply in relation to a decision that conduct has infringed the Chapter II prohibition if the CMA is satisfied that the undertaking acted on the reasonable assumption that that section gave it immunity in respect of the conduct.
6 Notice of a penalty under this section must—
a be in writing; and
b specify the date before which the penalty is required to be paid.
7 The date specified must not be earlier than the end of the period within which an appeal against the notice may be brought under section 46.
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 F500..., or
ii engaging in conduct which infringes the Chapter 2 prohibition F501....
8 No penalty fixed by the CMA under this section may exceed 10% of the turnover of the undertaking (determined in accordance with such provisions as may be specified in an order made by the Secretary of State).
9 Any sums received by the CMA under this section are to be paid into the Consolidated Fund.

37  Recovery of penalties.

1 If the specified date in a penalty notice has passed and—
a the period during which an appeal against the imposition, or amount, of the penalty may be made has expired without an appeal having been made, or
b such an appeal has been made and determined,
the CMA may recover from the undertaking, as a civil debt due to the CMA , any amount payable under the penalty notice which remains outstanding.
2 In this section—
  • “penalty notice” means a notice given under section 36; and
  • “specified date” means the date specified in the penalty notice.

I438  The appropriate level of a penalty.

1 The CMA must prepare and publish guidance as to the appropriate amount of any penalty under this Part in respect of an infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.
F5031A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The CMA may at any time alter the guidance.
3 If the guidance is altered, the CMA must publish it as altered.
4 No guidance is to be published under this section without the approval of the Secretary of State.
5 The CMA may, after consulting the Secretary of State, choose how it publishes its guidance.
6 If the CMA is preparing or altering guidance under this section it must consult such persons as it considers appropriate.
7 If the proposed guidance or alteration relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
8 When setting the amount of a penalty under this Part in respect of an infringement of a kind mentioned in subsection (1) , the CMA and the Tribunal must have regard to the guidance for the time being in force under this section.
F5049 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39  Limited immunity in relation to the Chapter I prohibition.

1 In this section “small agreement” means an agreement—
a which falls within a category prescribed for the purposes of this section; but
b is not a price fixing agreement.
2 The criteria by reference to which a category of agreement is prescribed may, in particular, include—
a the combined turnover of the parties to the agreement (determined in accordance with prescribed provisions);
b the share of the market affected by the agreement (determined in that way).
3 A party to a small agreement is immune from the effect of section 36(1) so far as that provision relates to decisions about infringement of the Chapter I prohibition; but the CMA may withdraw that immunity under subsection (4).
4 If the CMA has investigated a small agreement, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the agreement is likely to infringe the Chapter I prohibition.
5 The CMA must give each of the parties in respect of which immunity is withdrawn written notice of its decision to withdraw the immunity.
6 A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
7 The withdrawal date must be a date after the date on which the decision is made.
8 In determining the withdrawal date, the CMA must have regard to the amount of time which the parties are likely to require in order to secure that there is no further infringement of the Chapter I prohibition with respect to the agreement.
9 In subsection (1) “price fixing agreement” means an agreement which has as its object or effect, or one of its objects or effects, restricting the freedom of a party to the agreement to determine the price to be charged (otherwise than as between that party and another party to the agreement) for the product, service or other matter to which the agreement relates.

40  Limited immunity in relation to the Chapter II prohibition.

1 In this section “conduct of minor significance” means conduct which falls within a category prescribed for the purposes of this section.
2 The criteria by reference to which a category is prescribed may, in particular, include—
a the turnover of the person whose conduct it is (determined in accordance with prescribed provisions);
b the share of the market affected by the conduct (determined in that way).
3 A person is immune from the effect of section 36(2), so far as that provision relates to decisions about infringement of the Chapter II prohibition, if its conduct is conduct of minor significance; but the CMA may withdraw that immunity under subsection (4).
4 If the CMA has investigated conduct of minor significance, it may make a decision withdrawing the immunity given by subsection (3) if, as a result of its investigation, it considers that the conduct is likely to infringe the Chapter II prohibition.
5 The CMA must give the person, or persons, whose immunity has been withdrawn written notice of its decision to withdraw the immunity.
6 A decision under subsection (4) takes effect on such date (“the withdrawal date”) as may be specified in the decision.
7 The withdrawal date must be a date after the date on which the decision is made.
8 In determining the withdrawal date, the CMA must have regard to the amount of time which the person or persons affected are likely to require in order to secure that there is no further infringement of the Chapter II prohibition.

Transferred EU anti-trust commitments and transferred EU anti-trust directions

40ZA Interpretation

1 In this section and in sections 40ZB and 40ZD “transferred EU anti-trust commitments” means EU anti-trust commitments—
a which are the subject of an Article 95(2) commitments transfer decision (and, where those commitments are modified by, or as contemplated by, that decision, or by a later Article 95(2) commitments transfer decision, means those commitments as so modified), and
b which have not been wholly waived or substituted by the European Commission.
2 In this section—
  • “Article 95(2) commitments transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU anti-trust commitments to the CMA;
  • “EU anti-trust commitments” means commitments contained, pursuant to Article 9(1) of Regulation 1/2003, in a decision adopted by the European Commission under that Regulation.
3 In this section and in sections 40ZC and 40ZD a “transferred EU anti-trust direction” means an EU anti-trust direction—
a which is the subject of an Article 95(2) direction transfer decision (and, where that direction is modified by, or as contemplated by, that decision, or by a later Article 95(2) direction transfer decision, means that direction as so modified), and
b which has not been wholly revoked by the European Commission.
4 In this section—
  • “Article 95(2) direction transfer decision” means an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of an EU anti-trust direction to the CMA;
  • “EU anti-trust direction” means a direction given pursuant to Article 7(1) of Regulation 1/2003 in a decision adopted by the European Commission under that Regulation;
  • “Regulation 1/2003” means Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty.
5 So far as the context permits or requires, transferred EU anti-trust commitments and transferred EU anti-trust directions are to be treated for the purposes of this section and sections 40ZB to 40ZD as if—
a any reference to the area of the European Union or of the European Economic Area included the United Kingdom;
b any reference to the internal market included the United Kingdom;
c any reference to a member State included the United Kingdom;
d any reference to a party to the EEA agreement included the United Kingdom.
6 Subsection (5) is subject to any different provision made by the Article 95(2) commitments transfer decision or Article 95(2) direction transfer decision in question.

40ZB Transferred EU anti-trust commitments

1 The CMA has the function of monitoring compliance with transferred EU anti-trust commitments.
2 If a person who is bound by transferred EU anti-trust commitments fails, without reasonable excuse, to adhere to those commitments, the CMA may apply to the court for an order—
a requiring the defaulter to make good the default within a time specified in the order; or
b if any of the transferred EU anti-trust commitments relate to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
3 An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by—
a the person in default; or
b any officer of an undertaking who is responsible for the default.
4 In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
5 In this section, “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1).

40ZC Transferred EU anti-trust directions

1 The CMA has the function of monitoring compliance with transferred EU anti-trust directions.
2 If a person fails, without reasonable excuse, to comply with a transferred EU anti-trust direction, the CMA may apply to the court for an order—
a requiring the defaulter to make good the default within a time specified in the order; or
b if the transferred EU anti-trust direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
3 An order of the court under subsection (2) may provide for all of the costs of, or incidental to, the application for the order to be borne by—
a the person in default; or
b any officer of an undertaking who is responsible for the default.
4 In the application of subsection (3) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
5 In this section, “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).

40ZD Information relating to transferred EU anti-trust commitments and transferred EU anti-trust directions

1 The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—
a to monitor compliance with transferred EU anti-trust commitments, or
b to decide whether to make an application under section 40ZB(2) in respect of those transferred EU anti-trust commitments.
2 The CMA may require any person to produce to the CMA a specified document, or to provide the CMA with specified information, for the purposes of assisting the CMA—
a to monitor compliance with a transferred EU anti-trust direction, or
b to decide whether to make an application under section 40ZC(2) in respect of a transferred EU anti-trust direction.
3 The powers conferred by subsections (1) and (2) are to be exercised by a notice in writing which
a indicates the subject matter and purpose of the demand (including identifying the transferred EU anti-trust commitments or transferred EU anti-trust direction in question) , and
b includes information about the possible consequences of failing to comply with the notice.
4 The CMA may also specify in the notice—
a the time and place at which any document is to be produced or any information is to be provided;
b the manner and form in which it is to be produced or provided.
5 The power under this section to require a person to produce a document includes power—
a if the document is produced—
i to take copies of it or extracts from it;
ii to require that person, or any person who is a present or past officer of, or is or was at any time employed by, that person, to provide an explanation of the document;
b if the document is not produced, to require that person to state, to the best of their knowledge and belief, where it is.
6 In this section—
  • “specified” means—
    1. specified, or described, in the notice under subsection (3), or
    2. falling within a category which is specified, or described, in that notice;
  • “transferred EU anti-trust commitments” has the meaning given by section 40ZA(1);
  • “transferred EU anti-trust direction” has the meaning given by section 40ZA(3).

Civil sanctions: failure to comply with investigative requirements

40ZE Enforcement of requirements: imposition of penalties

1 The CMA may impose a penalty on a person in accordance with section 40A where the CMA considers that—
a the person has, without reasonable excuse, failed to comply with a requirement imposed on the person by section 25B or under section 26, 26A, 27, 28, 28A or 40ZD;
b the person has, without reasonable excuse, obstructed an officer acting in the exercise of the officer’s powers under section 27 or under a warrant issued under section 28 or 28A;
c the person, having been required to produce a document under section 26, 27, 28 or 28A, has, without reasonable excuse—
i destroyed or otherwise disposed of, falsified or concealed the document, or
ii caused or permitted the document’s destruction, disposal, falsification or concealment;
d the person has, without reasonable excuse, provided information that was false or misleading in a material particular to the CMA in connection with any function of the CMA under this Part;
e the person has, without reasonable excuse, provided information that was false or misleading in a material particular to another person knowing that the information was to be used for the purpose of providing information to the CMA in connection with any function of the CMA under this Part.
2 But the CMA may not proceed against a person under this section in relation to an act or omission which constitutes an offence under any of sections 42 to 44 if the person has, by reason of that act or omission, been found guilty of that offence.
3 In deciding whether and, if so, how to proceed under subsection (1) the CMA must have regard to the statement of policy which was most recently published under section 40B at the time when the act or omission concerned occurred.
4 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;
b the reference to concealing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
5 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) or (1A) of that Act, with the following modifications—
a any reference in those provisions to the appropriate authority is to be read as a reference to the CMA only;
b section 114(5A) is to be read as if the words “In the case of a penalty imposed on a person by the CMA or OFCOM,” were omitted;
c section 114(12) is to be read as if, for paragraph (b), there were substituted—

40A Penalties: amount

1A A penalty imposed under section 40ZE(1) is to be of such amount as the CMA considers appropriate.
2 A penalty imposed under section 40ZE(1)(a) 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.
2A A penalty imposed under any of section 40ZE(1)(b) to (e) must be a fixed amount.
3 A penalty imposed under section 40ZE(1) on a person who is not an undertaking must not—
a in the case of a fixed amount, exceed £30,000;
b in the case of an amount calculated by reference to a daily rate, exceed £15,000 per day;
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 F605....
3A A penalty imposed under section 40ZE(1) on a person who is an undertaking must not—
a in the case of a fixed amount, exceed 1% of the turnover of the undertaking;
b in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the daily turnover of the undertaking;
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.
F6064 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6065 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 provisional penalty notice under section 112(A1) of the Enterprise Act 2002 (as applied by section 40ZE(5)) 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;
d in a case where the requirement was imposed in connection with the provision by the CMA of assistance to an overseas regulator (see Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.
7A The Secretary of State may by regulations amend subsection (3)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.
8 Before making regulations under subsection (7A), the Secretary of State must consult the CMA and such other persons as the Secretary of State considers appropriate.
F6109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 The Secretary of State may by regulations make provision for determining the turnover and daily turnover of an undertaking for the purposes of this section.
11 Regulations under subsection (10) may, in particular, make provision as to—
a the amounts which are, or which are not, to be treated as an undertaking’s turnover or daily turnover;
b the date, or dates, by reference to which an undertaking’s turnover, or daily turnover, is to be determined.
12 Regulations under subsection (10) may, in particular, make provision enabling the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (11)).

40B Statement of policy on penalties

1 The CMA must prepare and publish a statement of policy in relation to the exercise of functions under section 40ZE.
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 40ZE.
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 the Secretary of State and such other 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.
5A A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.
F6686 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41  Agreements notified to the Commission.

1 This section applies if a party to an agreement which may infringe the Chapter I prohibition has notified the agreement to the Commission for a decision as to whether an exemption will be granted under Article 85 with respect to the agreement.
2 A penalty may not be required to be paid under this Part in respect of any infringement of the Chapter I prohibition after notification but before the Commission determines the matter.
3 If the Commission withdraws the benefit of provisional immunity from penalties with respect to the agreement, subsection (2) ceases to apply as from the date on which that benefit is withdrawn.
4 The fact that an agreement has been notified to the Commission does not prevent the OFT from investigating it under this Part.
5 In this section “provisional immunity from penalties” has such meaning as may be prescribed.

Offences

42  Obstruction.

F3491 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3493 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3494 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under section 27.
6 A person guilty of an offence under subsection F350... (5) is liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to a fine.
7 A person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under section 28 or 28A is guilty of an offence and liable—
a on summary conviction, to a fine not exceeding the statutory maximum;
b on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
8 A person is not guilty of an offence under subsection (5) or (7) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).

43  Destroying or falsifying documents.

1 A person is guilty of an offence if, having been required to produce a document under section 26, 27, 28 or 28A—
a he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or
b he causes or permits its destruction, disposal, falsification or concealment.
1A A person is not guilty of an offence under subsection (1) by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
2 A person guilty of an offence under subsection (1) 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 two years or to a fine or to both.

C1044  False or misleading information.

1 If information is provided by a person to the CMA in connection with any function of the CMA under this Part, that person is guilty of an offence if—
a the information is false or misleading in a material particular, and
b he knows that it is or is reckless as to whether it is.
2 A person who—
a provides any information to another person, knowing the information to be false or misleading in a material particular, or
b recklessly provides any information to another person which is false or misleading in a material particular,
knowing that the information is to be used for the purpose of providing information to the CMA in connection with any of its functions under this Part, is guilty of an offence.
2A A person is not guilty of an offence under this section by reason of any act or omission in relation to which the CMA has proceeded against the person under section 40ZE(1).
3 A person guilty of an offence under this section 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 two years or to a fine or to both.

Supplementary

44A Giving of notices under Chapter 3

Section 126 of the Enterprise Act 2002 (service of documents) applies to the giving of notices under this Chapter as it applies to the service of documents under Part 3 of that Act.

44B Extra-territorial application of notices under sections 26 and 40ZD

1 This section applies to the exercise of the CMA’s power to give a person a notice under section 26 or 40ZD.
2 The power is exercisable so as to—
a give the notice to a person who is outside the United Kingdom (subject to subsections (3) and (4));
b require the production of a specified document, or the provision of specified information, held outside the United Kingdom.
3 The CMA’s power to give a notice under section 26 to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
a the person’s activities are being investigated as part of an investigation under section 25, or
b the person has a UK connection.
4 The CMA’s power to give a notice under section 40ZD to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if—
a the person is bound by transferred EU anti-trust commitments (within the meaning of section 40ZA), or
b the person is subject to a transferred EU anti-trust direction (within the meaning of that section).
5 For the purposes of subsection (3)(b), a person has a UK connection if the person—
a is a United Kingdom national;
b is an individual who is habitually resident in the United Kingdom;
c is a body incorporated under the law of any part of the United Kingdom;
d carries on business in the United Kingdom.
6 In subsection (5)(a) “United Kingdom national” means—
a a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
b a person who is a British subject under the British Nationality Act 1981;
c a British protected person within the meaning of that Act.
7 Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 26 or 40ZD to a person outside the United Kingdom.

C39C37C38C35C34C36C40Chapter IV Appeals before the Tribunal and proceedings and settlements relating to infringements of competition law

F288...

F35245 C51 The Competition Commission.

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Appeals before the Tribunal

C11C8946 C39C37C38C35C34C36C40 Appealable decisions.

1 Any party to an agreement in respect of which the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision.
2 Any person in respect of whose conduct the CMA has made a decision may appeal to the Tribunal against, or with respect to, the decision.
3 In this section “decision” means a decision of the CMA —
a as to whether the Chapter I prohibition has been infringed,
F506b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c as to whether the Chapter II prohibition has been infringed,
F507d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e cancelling a block or assimilated exemption,
F509f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g not releasing commitments pursuant to a request made under section 31A(4)(b)(i),
h releasing commitments under section 31A(4)(b)(ii),
ha to make directions under section 35,
hb not to make directions under section 35,
i as to the imposition of any penalty under section 36 or as to the amount of any such penalty,
and includes a direction under section 32 or 33 and such other decisions under this Part as may be prescribed.
4 Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.
5 Part I of Schedule 8 makes further provision about appeals.

C12C8947  Third party appeals

1 A person who does not fall within section 46(1) or (2) may appeal to the Tribunal with respect to—
a a decision falling within paragraph (a), (c) or (e) of section 46(3);
b a decision falling within paragraph (g) of section 46(3);
c a decision of the CMA to accept or release commitments under section 31A, or to accept a variation of such commitments other than a variation which is not material in any respect;
d a decision of the CMA to make directions under section 35;
e a decision of the CMA not to make directions under section 35; or
f such other decision of the CMA under this Part as may be prescribed.
2 A person may make an appeal under subsection (1) only if the Tribunal considers that he has a sufficient interest in the decision with respect to which the appeal is made, or that he represents persons who have such an interest.
3 The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

Claims for loss or damage , or for declaratory relief: proceedings before the Tribunal

C8947A C39C37C38C35C34C36C40 Proceedings before the Tribunal: claims for damages etc.

1 A person may make a claim to which this section applies in proceedings before the Tribunal, subject to the provisions of this Act and Tribunal rules.
2 This section applies to a claim of a kind specified in subsection (3) which a person who has suffered loss or damage may make in civil proceedings brought in any part of the United Kingdom in respect of an infringement decision or an alleged infringement of—
a the Chapter I prohibition, or
b the Chapter II prohibition,
F512c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F513d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 The claims are—
a a claim for damages;
b any other claim for a sum of money;
c in proceedings in England and Wales or Northern Ireland, a claim for an injunction.
3A This section also applies to a claim for a declaration or, in relation to Scotland, for a declarator which a person may make in respect of an infringement decision or an alleged infringement of the Chapter 1 prohibition or the Chapter 2 prohibition.
4 For the purpose of identifying claims which may be made in civil proceedings, any limitation rules or rules relating to prescription that would apply in such proceedings are to be disregarded.
5 The right to make a claim in proceedings under this section does not affect the right to bring any other proceedings in respect of the claim.
6 In this Part (except in section 49C) “infringement decision” means—
a a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, or
b a decision of the Tribunal on an appeal from the decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed.

C8947B C39C37C38C35C34C36C40Collective proceedings before the Tribunal

1 Subject to the provisions of this Act and Tribunal rules, proceedings may be brought before the Tribunal combining two or more claims to which section 47A applies (“collective proceedings”).
2 Collective proceedings must be commenced by a person who proposes to be the representative in those proceedings.
3 The following points apply in relation to claims in collective proceedings—
a it is not a requirement that all of the claims should be against all of the defendants to the proceedings,
b the proceedings may combine claims which have been made in proceedings under section 47A and claims which have not, and
c a claim which has been made in proceedings under section 47A may be continued in collective proceedings only with the consent of the person who made that claim.
4 Collective proceedings may be continued only if the Tribunal makes a collective proceedings order.
5 The Tribunal may make a collective proceedings order only—
a if it considers that the person who brought the proceedings is a person who, if the order were made, the Tribunal could authorise to act as the representative in those proceedings in accordance with subsection (8), and
b in respect of claims which are eligible for inclusion in collective proceedings.
6 Claims are eligible for inclusion in collective proceedings only if the Tribunal considers that they raise the same, similar or related issues of fact or law and are suitable to be brought in collective proceedings.
7 A collective proceedings order must include the following matters—
a authorisation of the person who brought the proceedings to act as the representative in those proceedings,
b description of a class of persons whose claims are eligible for inclusion in the proceedings, and
c specification of the proceedings as opt-in collective proceedings or opt-out collective proceedings (see subsections (10) and (11)).
8 The Tribunal may authorise a person to act as the representative in collective proceedings—
a whether or not that person is a person falling within the class of persons described in the collective proceedings order for those proceedings (a “class member”), but
b only if the Tribunal considers that it is just and reasonable for that person to act as a representative in those proceedings.
9 The Tribunal may vary or revoke a collective proceedings order at any time.
10 “Opt-in collective proceedings” are collective proceedings which are brought on behalf of each class member who opts in by notifying the representative, in a manner and by a time specified, that the claim should be included in the collective proceedings.
11 “Opt-out collective proceedings” are collective proceedings which are brought on behalf of each class member except—
a any class member who opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective proceedings, and
b any class member who—
i is not domiciled in the United Kingdom at a time specified, and
ii does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective proceedings.
12 Where the Tribunal gives a judgment or makes an order in collective proceedings, the judgment or order is binding on all represented persons, except as otherwise specified.
13 The right to make a claim in collective proceedings does not affect the right to bring any other proceedings in respect of the claim.
14 In this section and in section 47C, “specified” means specified in a direction made by the Tribunal.

C8947C Collective proceedings: damages and costs

1 The Tribunal may not award exemplary damages in collective proceedings.
2 The Tribunal may make an award of damages in collective proceedings without undertaking an assessment of the amount of damages recoverable in respect of the claim of each represented person.
3 Where the Tribunal makes an award of damages in opt-out collective proceedings, the Tribunal must make an order providing for the damages to be paid on behalf of the represented persons to—
a the representative, or
b such person other than a represented person as the Tribunal thinks fit.
4 Where the Tribunal makes an award of damages in opt-in collective proceedings, the Tribunal may make an order as described in subsection (3).
5 Subject to subsection (6), where the Tribunal makes an award of damages in opt-out collective proceedings, any damages not claimed by the represented persons within a specified period must be paid to the charity for the time being prescribed by order made by the Lord Chancellor under section 194(8) of the Legal Services Act 2007.
6 In a case within subsection (5) the Tribunal may order that all or part of any damages not claimed by the represented persons within a specified period is instead to be paid to the representative in respect of all or part of the costs or expenses incurred by the representative in connection with the proceedings.
7 The Secretary of State may by order amend subsection (5) so as to substitute a different charity for the one for the time being specified in that subsection.
8 A damages-based agreement is unenforceable if it relates to opt-out collective proceedings.
9 In this section—
a “charity” means a body, or the trustees of a trust, established for charitable purposes only;
b “damages” (except in the term “exemplary damages”) includes any sum of money which may be awarded by the Tribunal in collective proceedings (other than costs or expenses);
c “damages-based agreement” has the meaning given in section 58AA(3) of the Courts and Legal Services Act 1990.

C8947D Proceedings under section 47A or collective proceedings: injunctions etc.

1 An injunction granted by the Tribunal in proceedings under section 47A or in collective proceedings—
a has the same effect as an injunction granted by the High Court, and
b is enforceable as if it were an injunction granted by the High Court.
2 In deciding whether to grant an injunction in proceedings under section 47A or in collective proceedings, the Tribunal must—
a in proceedings in England and Wales, apply the principles which the High Court would apply in deciding whether to grant an injunction under section 37(1) of the Senior Courts Act 1981, and
b in proceedings in Northern Ireland, apply the principles that the High Court would apply in deciding whether to grant an injunction.
3 Subsection (2) is subject to Tribunal rules which make provision of the kind mentioned in paragraph 15A(3) of Schedule 4 to the Enterprise Act 2002 (undertakings as to damages in relation to claims subject to the fast-track procedure).

47DA Proceedings under section 47A or collective proceedings: declaratory relief

1 A declaration granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declaration granted by the High Court.
2 A declarator granted by the Tribunal in proceedings under section 47A or collective proceedings has the same effect as a declarator granted by the Court of Session.
3 In deciding whether to grant a declaration in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the High Court would apply in deciding whether to grant a declaration.
4 In deciding whether to grant a declarator in proceedings under section 47A or collective proceedings, the Tribunal must apply the principles that the Court of Session would apply in deciding whether to grant a declarator.
5 The Tribunal may grant a declaration or declarator in proceedings under section 47A or collective proceedings whether or not any other remedy is claimed.

F44747E Limitation or prescriptive periods for proceedings under section 47A and collective proceedings

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Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal

47F Further provision about claims in respect of loss or damage , or for declaratory relief, before a court or the Tribunal

Schedule 8A makes further provision about claims in respect of loss or damage , or for declarations or declarators, before a court or the Tribunal.

Further appeals from the Tribunal

F5148 C39C37C38C35C34C36C40 Appeal tribunals.

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I5C8949 C39C37C38C35C34C36C40Further appeals from the Tribunal

1 An appeal lies to the appropriate court—
a from a decision of the Tribunal as to the amount of a penalty under section 36; and
F425b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.
1A An appeal lies to the appropriate court on a point of law arising from a decision of the Tribunal in proceedings under section 47A or in collective proceedings—
a as to the award of damages or other sum (other than a decision on costs or expenses), F681...
b as to the grant of an injunction , or
c as to the grant of a declaration or a declarator.
1B An appeal lies to the appropriate court from a decision of the Tribunal in proceedings under section 47A or in collective proceedings as to the amount of an award of damages or other sum (other than the amount of costs or expenses).
1C An appeal under subsection (1A) arising from a decision in respect of a stand-alone claim may include consideration of a point of law arising from a finding of the Tribunal as to an infringement of a prohibition listed in section 47A(2).
1D In subsection (1C) “a stand-alone claim” is a claim—
a in respect of an alleged infringement of a prohibition listed in section 47A(2), and
b made in proceedings under section 47A or included in collective proceedings.
2 An appeal under this section—
a except as provided by subsection (2A), may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and
b requires the permission of the Tribunal or the appropriate court.
2A An appeal from a decision of the Tribunal in respect of a claim included in collective proceedings may be brought only by the representative in those proceedings or by a defendant to that claim.
3 In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.

Settlements relating to infringements of competition law

49A Collective settlements: where a collective proceedings order has been made

1 The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims in collective proceedings (a “collective settlement”) where—
a a collective proceedings order has been made in respect of the claims, and
b the Tribunal has specified that the proceedings are opt-out collective proceedings.
2 An application for approval of a proposed collective settlement must be made to the Tribunal by the representative and the defendant in the collective proceedings.
3 The representative and the defendant must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.
4 Where there is more than one defendant in the collective proceedings, “defendant” in subsections (2) and (3) means such of the defendants as wish to be bound by the proposed collective settlement.
5 The Tribunal may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.
6 On the date on which the Tribunal approves a collective settlement—
a if the period within which persons may opt out of or (in the case of persons not domiciled in the United Kingdom) opt in to the collective proceedings has expired, subsections (8) and (10) apply so as to determine the persons bound by the settlement;
b if that period has not yet expired, subsections (9) and (10) apply so as to determine the persons bound by the settlement.
7 If the period within which persons may opt out of the collective proceedings expires on a different date from the period within which persons not domiciled in the United Kingdom may opt in to the collective proceedings, the references in subsection (6) to the expiry of a period are to the expiry of whichever of those periods expires later.
8 Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order who—
a were domiciled in the United Kingdom at the time specified for the purposes of determining domicile in relation to the collective proceedings (see section 47B(11)(b)(i)) and did not opt out of those proceedings, or
b opted in to the collective proceedings.
9 Where this subsection applies, a collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective proceedings order.
10 But a collective settlement is not binding on a person who—
a opts out by notifying the representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or
b is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the representative that the claim should be included in the collective settlement.
11 This section does not affect a person's right to offer to settle opt-in collective proceedings.
12 In this section and in section 49B, “specified” means specified in a direction made by the Tribunal.

49B Collective settlements: where a collective proceedings order has not been made

1 The Tribunal may, in accordance with this section and Tribunal rules, make an order approving the settlement of claims (a “collective settlement”) where—
a a collective proceedings order has not been made in respect of the claims, but
b if collective proceedings were brought, the claims could be made at the commencement of the proceedings (disregarding any limitation or prescriptive period applicable to a claim in collective proceedings).
2 An application for approval of a proposed collective settlement must be made to the Tribunal by—
a a person who proposes to be the settlement representative in relation to the collective settlement, and
b the person who, if collective proceedings were brought in respect of the claims, would be a defendant in those proceedings (or, where more than one person would be a defendant in those proceedings, such of those persons as wish to be bound by the proposed collective settlement).
3 The persons applying to the Tribunal under subsection (2) must provide agreed details of the claims to be settled by the proposed collective settlement and the proposed terms of that settlement.
4 The Tribunal may make an order approving a proposed collective settlement (see subsection (8)) only if it first makes a collective settlement order.
5 The Tribunal may make a collective settlement order only—
a if it considers that the person described in subsection (2)(a) is a person who, if the order were made, the Tribunal could authorise to act as the settlement representative in relation to the collective settlement in accordance with subsection (7), and
b in respect of claims which, if collective proceedings were brought, would be eligible for inclusion in the proceedings (see section 47B(6)).
6 A collective settlement order must include the following matters—
a authorisation of the person described in subsection (2)(a) to act as the settlement representative in relation to the collective settlement, and
b description of a class of persons whose claims fall within subsection (5)(b).
7 The Tribunal may authorise a person to act as the settlement representative in relation to a collective settlement—
a whether or not that person is a person falling within the class of persons described in the collective settlement order for that settlement, but
b only if the Tribunal considers that it is just and reasonable for that person to act as the settlement representative in relation to that settlement.
8 Where the Tribunal has made a collective settlement order, it may make an order approving a proposed collective settlement only if satisfied that its terms are just and reasonable.
9 A collective settlement approved by the Tribunal is binding on all persons falling within the class of persons described in the collective settlement order.
10 But a collective settlement is not binding on a person who—
a opts out by notifying the settlement representative, in a manner and by a time specified, that the claim should not be included in the collective settlement, or
b is not domiciled in the United Kingdom at a time specified, and does not, in a manner and by a time specified, opt in by notifying the settlement representative that the claim should be included in the collective settlement.
11 In this section, “settlement representative” means a person who is authorised by a collective settlement order to act in relation to a collective settlement.

49C  Approval of redress schemes by the CMA

1 A person may apply to the CMA for approval of a redress scheme.
2 The CMA may consider an application before the infringement decision to which the redress scheme relates has been made, but may approve the scheme only—
a after that decision has been made, or
b in the case of a decision of the CMA, at the same time as that decision is made.
3 In deciding whether to approve a redress scheme, the CMA may take into account the amount or value of compensation offered under the scheme.
4 The CMA may approve a redress scheme under subsection (2)(b) subject to a condition or conditions requiring the provision of further information about the operation of the scheme (including about the amount or value of compensation to be offered under the scheme or how this will be determined).
5 If the CMA approves a redress scheme subject to such a condition, it may—
a approve the scheme subject to other conditions;
b withdraw approval from the scheme if any conditions imposed under subsection (4) or paragraph (a) are not met;
c approve a redress scheme as a replacement for the original scheme (but may not approve that scheme subject to conditions).
6 An approved scheme may not be varied by the CMA or the compensating party.
7 But, where the CMA approves a redress scheme subject to a condition of the kind mentioned in subsection (4), subsection (6) does not prevent further information provided in accordance with the condition from forming part of the terms of the scheme.
8 The Secretary of State may make regulations relating to the approval of redress schemes, and the regulations may in particular—
a make provision as to the procedure governing an application for approval of a redress scheme, including the information to be provided with the application;
b provide that the CMA may approve a redress scheme only if it has been devised according to a process specified in the regulations;
c provide that the CMA may approve a redress scheme only if it is in a form, or contains terms, specified in the regulations (which may include terms requiring a settlement agreement under the scheme to be in a form, or contain terms, specified in the regulations);
d provide that the CMA may approve a redress scheme only if (so far as the CMA can judge from facts known to it) the scheme is intended to be administered in a manner specified in the regulations;
e describe factors which the CMA may or must take into account, or may not take into account, in deciding whether to approve a redress scheme.
9 The CMA must publish guidance with regard to—
a applications for approval of redress schemes,
b the approval of redress schemes, and
c the enforcement of approved schemes, and in particular as to the criteria which the CMA intends to adopt in deciding whether to bring proceedings under section 49E(4).
10 Guidance under subsection (9) must be approved by the Secretary of State before it is published.
11 In this section and sections 49D and 49E—
  • “approved scheme” means a redress scheme approved by the CMA,
  • “compensating party” means a person offering compensation under an approved scheme,
  • “infringement decision” means a decision of the CMA that the Chapter I prohibition or the Chapter II prohibition has been infringed, and
  • “redress scheme” means a scheme under which a person offers compensation in consequence of an infringement decision made in respect of that person.
12 For the purposes of this section and section 49E, “compensation”—
a may be monetary or non-monetary, and
b may be offered to persons who have not suffered a loss as a result of the infringement decision to which the redress scheme relates.

49D Redress schemes: recovery of costs

1 The CMA may require a person making an application for approval of a redress scheme to pay some or all of the CMA's reasonable costs relating to the application.
2 A requirement to pay costs is imposed by giving that person written notice specifying—
a the amount to be paid,
b how that amount has been calculated, and
c by when that amount must be paid.
3 A person required to pay costs under this section may appeal to the Tribunal against the amount.
4 Where costs required to be paid under this section relate to an approved scheme, the CMA may withdraw approval from that scheme if the costs have not been paid by the date specified in accordance with subsection (2)(c).
5 Costs required to be paid under this section are recoverable by the CMA as a debt.

49E Enforcement of approved schemes

1 A compensating party is under a duty to comply with the terms of an approved scheme (“the duty”).
2 The duty is owed to any person entitled to compensation under the terms of the approved scheme.
3 Where such a person suffers loss or damage as a result of a breach of the duty, the person may bring civil proceedings before the court for damages, an injunction or interdict or any other appropriate relief or remedy.
4 Where the CMA considers that the compensating party is in breach of the duty, the CMA may bring civil proceedings before the court for an injunction or interdict or any other appropriate relief or remedy.
5 Subsection (4) is without prejudice to any right that a person has to bring proceedings under subsection (3).
6 In any proceedings brought under subsection (3) or (4), it is a defence for the compensating party to show that it took all reasonable steps to comply with the duty.
7 Where the CMA considers that it is no longer appropriate for the compensating party to be subject to the duty, the CMA may give notice in writing to that party stating that it is released from the duty.
8 Where a person has entered into a settlement agreement with the compensating party, that agreement remains enforceable notwithstanding the release of the compensating party under subsection (7) from the duty.
9 In this section “the court” means—
a in England and Wales, the High Court or the county court,
b in Northern Ireland, the High Court or a county court,
c in Scotland, the Court of Session or the sheriff.

C28C96Chapter V  Miscellaneous

Vertical agreements and land agreements

50  Vertical agreements and land agreements.

1 The Secretary of State may by order provide for any provision of this Part to apply in relation to—
a vertical agreements, or
b land agreements,
with such modifications as may be prescribed.
2 An order may, in particular, provide for exclusions or exemptions, or otherwise provide for prescribed provisions not to apply, in relation to—
a vertical agreements, or land agreements, in general; or
b vertical agreements, or land agreements, of any prescribed description.
3 An order may empower the CMA to give directions to the effect that in prescribed circumstances an exclusion, exemption or modification is not to apply (or is to apply in a particular way) in relation to an individual agreement.
4 Subsections (2) and (3) are not to be read as limiting the powers conferred by section 71.
5 In this section—
  • “land agreement” and “vertical agreement” have such meaning as may be prescribed; and
  • “prescribed” means prescribed by an order.

CMA's rules, guidance and fees

51  Rules.

1 The CMA may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as it considers appropriate.
2 Schedule 9 makes further provision about rules made under this section but is not to be taken as restricting the CMA powers under this section.
3 If the CMA is preparing rules under this section it must consult such persons as he considers appropriate.
4 If the proposed rules relate to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
5 No rule made by the CMA is to come into operation until it has been approved by an order made by the Secretary of State.
6 The Secretary of State may approve any rule made by the CMA —
a in the form in which it is submitted; or
b subject to such modifications as he considers appropriate.
7 If the Secretary of State proposes to approve a rule subject to modifications he must inform the CMA of the proposed modifications and take into account any comments made by the CMA .
8 Subsections (5) to (7) apply also to any alteration of the rules made by the CMA .
9 The Secretary of State may, after consulting the CMA , by order vary or revoke any rules made under this section.
10 If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the CMA to exercise its powers under this section and make rules about that matter.

52  Advice and information.

1 The CMA must prepare and publish general advice and information about—
a the application of the Chapter I prohibition and the Chapter II prohibition, and
b the enforcement of those prohibitions.
F5161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The CMA may at any time publish revised, or new, advice or information.
3 Advice and information published under this section must be prepared with a view to—
a explaining provisions of this Part to persons who are likely to be affected by them; and
b indicating how the CMA expects such provisions to operate.
4 Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the CMA may take into account in considering whether, and if so how, to exercise a power conferred on it by Chapter I, II or III.
5 Any advice or information published by the CMA under this section is to be published in such form and in such manner as it considers appropriate.
6 If the CMA is preparing any advice or information under this section it must consult such persons as he considers appropriate.
7 If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
8 In preparing any advice or information under this section about a matter in respect of which he may exercise functions under this Part, a regulator must consult—
a the CMA ;
b the other regulators; and
c such other persons as he considers appropriate.

53  Fees.

1 The OFT may charge fees, of specified amounts, in connection with the exercise by it of specified functions under this Part.
2 Rules may, in particular, provide—
a for the amount of any fee to be calculated by reference to matters which may include—
i the turnover of any party to an agreement (determined in such manner as may be specified);
ii the turnover of a person whose conduct the OFT is to consider (determined in that way);
b for different amounts to be specified in connection with different functions;
c for the repayment by the OFT of the whole or part of a fee in specified circumstances;
d that an application or notice is not to be regarded as duly made or given unless the appropriate fee is paid.
3 In this section—
a “rules” means rules made by the OFT under section 51; and
b “specified” means specified in rules.

Regulators

I654 C28 Regulators.

1 In this Part “regulator” means —
a the Office of Communications;
b the Gas and Electricity Markets Authority;
F363c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d the Water Services Regulation Authority;
e the Office of Rail and Road;
f the Northern Ireland Authority for Utility Regulation;
g the Civil Aviation Authority ; and
F570h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i the Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.
j the Financial Conduct Authority.
2 Parts II and III of Schedule 10 provide for functions of the CMA under this Part to be exercisable concurrently by regulators.
3 Parts IV and V of Schedule 10 make minor and consequential amendments in connection with the regulators’ competition functions.
4 The Secretary of State may make regulations for the purpose of co-ordinating the performance of functions under this Part (“Part I functions”) which are exercisable concurrently by two or more competent persons as a result of any enactment (including any subordinate legislation) whenever passed or made.
C23C445 The regulations may, in particular, make provision—
a as to the procedure to be followed by competent persons when determining who is to exercise Part I functions in a particular case;
b as to the steps which must be taken before a competent person exercises, in a particular case, such Part I functions as may be prescribed;
c as to the procedure for determining, in a particular case, questions arising as to which competent person is to exercise Part I functions in respect of the case;
d for Part I functions in a particular case to be exercised jointly—
i by the CMA and one or more regulators, or
ii by two or more regulators,
and as to the procedure to be followed in such cases;
e as to the circumstances in which the exercise by a competent person of such Part I functions as may be prescribed is to preclude the exercise of such functions by another such person;
f for cases in respect of which Part I functions are being, or have been, exercised by a competent person to be transferred to another such person;
g for the person (“A”) exercising Part I functions in a particular case—
i to appoint another competent person (“B”) to exercise Part I functions on A’s behalf in relation to the case; or
ii to appoint officers of B (with B’s consent) to act as officers of A in relation to the case;
h for notification as to who is exercising Part I functions in respect of a particular case.
C23C44F2856 Provision made by virtue of subsection (5)(c) may provide for questions to be referred to and determined by the Secretary of State , the CMA or by such other person as may —
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 be prescribed.
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.
C23C447 “Competent person” means the CMA or any of the regulators.
8 In this section, “subordinate legislation” has the same meaning as in section 21(1) of the Interpretation Act 1978 (c 30) and includes an instrument made under—
a an Act of the Scottish Parliament;
b Northern Ireland legislation.

Confidentiality and immunity from defamation

F105C2755  General restrictions on disclosure of information.

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F10556  Director and Secretary of State to have regard to certain matters in relation to the disclosure of information.

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57  Defamation.

For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision made, by the CMA in the exercise of any of its functions under this Part.

Findings of fact by CMA

58  Findings of fact by CMA.

1 Unless the court or the Tribunal directs otherwise or the OFT has decided to take further action in accordance with section 16(2) or 24(2), CMA's finding which is relevant to an issue arising in Part I proceedings is binding on the parties if—
a the time for bringing an appeal under section 46 or 47 in respect of the finding has expired and the relevant party has not brought such an appeal; or
b the decision of the Tribunal on such an appeal has confirmed the finding.
2 In this section—
  • “a CMA's finding” means a finding of fact made by the CMA in the course of conducting an investigation;
  • “Part 1 proceedings” means proceedings brought otherwise than by the CMA—
    1. in respect of an infringement decision; or
    2. in respect of an alleged infringement of the Chapter I prohibition or of the Chapter II prohibition; F518...
    3. F518...
  • “relevant party” means—
    1. in relation to the Chapter I prohibition F519..., a party to the agreement which has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be); and
    2. in relation to the Chapter II prohibition F520..., the undertaking whose conduct has been found to have infringed the prohibition or is alleged to have infringed the prohibition (as the case may be).
3 Rules of court or Tribunal rules may make provision in respect of assistance to be given by the CMA to the court or the Tribunal in Part I proceedings.
4 In this section “the court” means—
a in England and Wales or Northern Ireland, the High Court,
b in Scotland, the Court of Session or the sheriff.

Findings of infringements

58A  Infringement decisions

1 This section applies to a claim in respect of an infringement decision which is brought in proceedings—
a before the court, or
b before the Tribunal under section 47A or 47B.
2 The court or the Tribunal is bound by the infringement decision once it has become final.
3 An infringement decision specified in section 47A(6)(a) or (b) becomes final—
a when the time for appealing against that decision expires without an appeal having been brought; or
b where an appeal has been brought against the decision, when—
i the appeal and any further appeal in relation to the decision has been decided or has otherwise ended, and
ii the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.
F5214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 This section applies to the extent that the court or the Tribunal would not otherwise be bound by the infringement decision in question.
6 In this section “the court” means—
a in England and Wales or Northern Ireland, the High Court,
b in Scotland, the Court of Session or the sheriff.

Interpretation and governing principles

I759 C28 Interpretation of Part 1.

1 In this Part—
  • "agreement" is to be read with section 2(5) and (6);
  • F64...
  • F522...
  • F523...
  • F524...
  • “block exemption” has the meaning given in section 6(4);
  • “block exemption order” has the meaning given in section 6(2);
  • “the Chapter I prohibition” has the meaning given in section 2(8);
  • “the Chapter II prohibition” has the meaning given in section 18(4);
  • “class member” has the meaning given in section 47B(8)(a);
  • “the CMA” means the Competition and Markets Authority;
  • “collective proceedings” has the meaning given in section 47B(1);
  • “collective proceedings order” means an order made by the Tribunal authorising the continuance of collective proceedings;
  • F525...
  • F526...
  • “the court”, except in sections 49E, 58, 58A and 60A and Schedule 8A and the expression “European Court”, means—
    1. in England and Wales, the High Court;
    2. in Scotland, the Court of Session; and
    3. in Northern Ireland, the High Court;
  • F66...
  • “document” includes information recorded in any form;
  • F527...
  • F528...
  • F529...
  • “individual exemption” has the meaning given in section 4(2);
  • “information” includes estimates and forecasts;
  • “infringement decision”, except in section 49C, has the meaning given in section 47A(6);
  • “injunction” includes an interim injunction;
  • “investigating officer” has the meaning given in section 27(1);
  • “investigation” means an investigation under section 25;
  • “Minister of the Crown” has the same meaning as in the Ministers of the M3Crown Act 1975;
  • “OFCOM” means the Office of Communications;
  • “officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;
  • “opt-in collective proceedings” has the meaning given in section 47B(10);
  • “opt-out collective proceedings” has the meaning given in section 47B(11);
  • F374...
  • F530...
  • “person”, in addition to the meaning given by the M4Interpretation Act 1978, includes any undertaking;
  • “premises” includes any land or means of transport;
  • “prescribed” means prescribed by regulations made by the Secretary of State;
  • “regulator” has the meaning given by section 54;
  • “representative” means a person who is authorised by a collective proceedings order to bring collective proceedings;
  • “represented person” means a class member who—
    1. has opted in to opt-in collective proceedings,
    2. was domiciled in the United Kingdom at the time specified for the purposes of determining domicile (see section 47B(11)(b)(i)) and has not opted out of opt-out collective proceedings, or
    3. has opted in to opt-out collective proceedings;
  • “ assimilated block exemption regulation” has the meaning given in section 10(12);
  • “ assimilated exemption” has the meaning given in section 10(3);
  • F531...
  • F532...
  • “ the Tribunal” means the Competition Appeal Tribunal;
  • “Tribunal rules” means rules under section 15 of the Enterprise Act 2002.
  • “working day” means a day which is not—
    1. Saturday,
    2. Sunday,
    3. Christmas Day,
    4. Good Friday, or
    5. a day which is a bank holiday under the Banking and Financial Dealings Act 1971 (c. 80) in any part of the United Kingdom.
1A In this Part, in respect of proceedings in Scotland, “claimant” is to be read as “pursuer” and “defendant” is to be read as “defender”.
1B Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a person is regarded as “domiciled in the United Kingdom” for the purposes of this Part.
2 The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because of an exclusion provided by or under this Part or any other enactment, does not require those provisions of the agreement to which the exclusion relates to be disregarded when considering whether the agreement infringes the prohibition for other reasons.
3 For the purposes of this Part, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.
4 Any power conferred on the CMA by this Part to require information includes power to require any document which it believes may contain that information.

F53560  Principles to be applied in determining questions.

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

60A Certain principles etc to be considered or applied from IP completion day

1 This section applies when one of the following persons determines a question arising under this Part in relation to competition within the United Kingdom—
a a court or tribunal;
b the CMA;
c a person acting on behalf of the CMA in connection with a matter arising under this Part.
2 The person must act (so far as is compatible with the provisions of this Part) with a view to securing that there is no inconsistency between—
a the principles that it applies, and the decision that it reaches, in determining the question, and
b the principles laid down by the Treaty on the Functioning of the European Union and the European Court before IP completion day, and any relevant decision made by that Court before IP completion day, so far as applicable immediately before IP completion day in determining any corresponding question arising in EU law,
subject to subsections (4) to (7).
3 The person must, in addition, have regard to any relevant decision or statement of the European Commission made before IP completion day and not withdrawn.
4 Subsection (2) does not require the person to secure that there is no inconsistency with a principle or decision referred to in subsection (2)(b) so far as the principle or decision is excluded from the law of England and Wales, Scotland and Northern Ireland on or after IP completion day.
5 For the purposes of subsection (4), a principle or decision is to be treated as not excluded from the law of England and Wales, Scotland and Northern Ireland if it is excluded only by virtue of an exclusion or revocation in the Competition (Amendment etc.) (EU Exit) Regulations 2019.
6 Subsection (2) does not apply so far as the person is bound by a principle laid down by, or a decision of, a court or tribunal in England and Wales, Scotland or Northern Ireland that requires the person to act otherwise.
7 Subsection (2) does not apply if the person thinks that it is appropriate to act otherwise in the light of one or more of the following—
a differences between the provisions of this Part under consideration and the corresponding provisions of EU law as those provisions of EU law had effect immediately before IP completion day;
b differences between markets in the United Kingdom and markets in the European Union;
c developments in forms of economic activity since the time when the principle or decision referred to in subsection (2)(b) was laid down or made;
d generally accepted principles of competition analysis or the generally accepted application of such principles;
e a principle laid down, or decision made, by the European Court on or after IP completion day;
f the particular circumstances under consideration.
8 In subsection (2)(b), the reference to principles laid down before IP completion day is a reference to such principles as they have effect in EU law immediately before IP completion day, disregarding the effect of principles laid down, and decisions made, by the European Court on or after IP completion day.
9 In this section, references to a decision of the European Court or the European Commission include a decision as to—
a the interpretation of a provision of EU law;
b the civil liability of an undertaking for harm caused by its infringement of EU law.

F456Part II Inspections under Articles 20, 21 and 22(2)

F45661 Interpretation of Part 2

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

F45662 Power to enter business premises under a warrant: Article 20 inspections

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

F45662A Power to enter non-business premises under a warrant: Article 21 inspections

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

F45662B Powers when conducting an Article 22(2) inspection

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

F45663 Power to enter business premises under a warrant: Article 22(2) inspections

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

F45664 Entry of premises under sections 62, 60, 62A and 63: supplementary.

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

F45665 Offences.

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

F45665A Privileged communications: Article 22(2) inspections

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

F45665B Use of statements in prosecution: Article 22(2) inspections

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

F457PART 2A Article 22(1) investigations

F45765C Interpretation of Part 2A

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

F45765D Power to conduct an Article 22(1) investigation

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

F45765E Powers when conducting Article 22(1) investigations

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

F45765F Power to enter business premises without a warrant

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

F45765G Power to enter business premises under a warrant

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F45765H Power to enter domestic premises under a warrant

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

F45765I Entry of premises under a warrant: supplementary

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F45765J Privileged communications

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F45765K Use of statements in prosecution

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

F45765L Offences

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F45765M Destroying or falsifying documents

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F45765N False or misleading information

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Part III  Monopolies

F10766  Monopoly investigations: general.

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

F10767  Offences.

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

68  Services relating to use of land.

In section 137 of the Fair Trading Act 1973, after subsection (3) insert—

69  Reports: monopoly references.

In section 83 of the M5Fair Trading Act 1973—
a in subsection (1), omit “Subject to subsection (1A) below”; and
b omit subsection (1A) (reports on monopoly references to be transmitted to certain persons at least twenty-four hours before laying before Parliament).

C84Part IV  Supplemental and Transitional

70  Contracts as to patented products etc.

Sections 44 and 45 of the M6Patents Act 1977 shall cease to have effect.

71  Regulations, orders and rules.

1 Any power to make regulations or orders which is conferred by this Act is exercisable by statutory instrument.
2 The power to make rules which is conferred by section 48 is exercisable by statutory instrument.
3 Any statutory instrument made under this Act may—
a contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and
b make different provision for different cases.
4 An order made under—
a section 3,
b section 19,
c section 36(8),
ca section 45(8),
cb section 47C(7),
d section 50, or
e paragraph 6(3) of Schedule 4,
is subject to the affirmative procedure.
4A Regulations made under section 35B(7) or 40A(7A) are subject to the affirmative procedure.
5 Any statutory instrument made under this Act, apart from one made—
a under any of the provisions mentioned in subsection (4) or (4A), or
b under section 76(3),
is subject to the negative procedure.
6 Any provision that may be made by order or regulations under this Act subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.
7 Where orders or regulations under this Act are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
8 Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

72  Offences by bodies corporate etc.

1 This section applies to an offence under any of sections 42 to 44 F536....
2 If an offence committed by a body corporate is proved—
a to have been committed with the consent or connivance of an officer, or
b to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
3 In subsection (2) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
4 If the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5 If an offence committed by a partnership in Scotland is proved—
a to have been committed with the consent or connivance of a partner, or
b to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
6 In subsection (5) “partner” includes a person purporting to act as a partner.

73  Crown application.

1 Any provision made by or under this Act binds the Crown except that—
a the Crown is not criminally liable as a result of any such provision;
b the Crown is not liable for any penalty under any such provision; and
c nothing in this Act affects Her Majesty in her private capacity.
2 Subsection (1)(a) does not affect the application of any provision of this Act in relation to persons in the public service of the Crown.
3 Subsection (1)(c) is to be interpreted as if section 38(3) of the M7Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
4 If an investigation is conducted under section 25 F537... in respect of an agreement where none of the parties is the Crown or a person in the public service of the Crown, or in respect of conduct otherwise than by the Crown or such a person—
a the power conferred by section 27 F539... may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and
b sections 28 and 28A do not apply in relation to land so occupied.
5 In any case in which consent is required under subsection (4), the person who is the appropriate person in relation to that case is to be determined in accordance with regulations made by the Secretary of State.
F5386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6A In subsection (4) “agreement” includes a suspected agreement and is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice; and “conduct” includes suspected conduct.
7 In subsection (6) “infringement” means an infringement of EU law relating to Article 85 or 86 of the Treaty establishing the European Community.
8 If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry—
a conferred by section 27 F542..., or
b that may be conferred by a warrant under section 28 or 28A,
should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.
9 Any amendment, repeal or revocation made by this Act binds the Crown to the extent that the enactment amended, repealed or revoked binds the Crown.

I874  Amendments, transitional provisions, savings and repeals.

1 The minor and consequential amendments set out in Schedule 12 are to have effect.
2 The transitional provisions and savings set out in Schedule 13 are to have effect.
I393 The enactments set out in Schedule 14 are repealed.

75  Consequential and supplementary provision.

1 The Secretary of State may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any of its provisions or for giving full effect to it.
2 An order under subsection (1) may, in particular, make provision—
a for enabling any person by whom any powers will become exercisable, on a date specified by or under this Act, by virtue of any provision made by or under this Act to take before that date any steps which are necessary as a preliminary to the exercise of those powers;
b for making savings, or additional savings, from the effect of any repeal made by or under this Act.
3 Amendments made under this section shall be in addition, and without prejudice, to those made by or under any other provision of this Act.
4 No other provision of this Act restricts the powers conferred by this section.

F54475A Rules in relation to Part 2 and Part 2A

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P1P2P3P476  Short title, commencement and extent.

1 This Act may be cited as the Competition Act 1998.
2 Sections 71 and 75 and this section and paragraphs 1 to 7 and 35 of Schedule 13 come into force on the passing of this Act.
3 The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
4 This Act extends to Northern Ireland.

SCHEDULES

SCHEDULE 1 

Exclusions: Mergers and Concentrations

Sections 3(1)(a) and 19(1)(a).

Part I  Mergers

Enterprises ceasing to be distinct: the Chapter I prohibition

1
1 To the extent to which an agreement (either on its own or when taken together with another agreement) results, or if carried out would result, in any two enterprises ceasing to be distinct enterprises for the purposes of Part V of the M8Fair Trading Act 1973 (“the 1973 Act”) Part 3 of the Enterprise Act 2002 (“the 2002 Act”), the Chapter I prohibition does not apply to the agreement.
2 The exclusion provided by sub-paragraph (1) extends to any provision directly related and necessary to the implementation of the merger provisions.
3 In sub-paragraph (2) “merger provisions” means the provisions of the agreement which cause, or if carried out would cause, the agreement to have the result mentioned in sub-paragraph (1).
4 Section 65 of the 1973 Act Section 26 of the 2002 Act applies for the purposes of this paragraph as if—
a in subsection (3) (circumstances in which a person or group of persons may be treated as having control of an enterprise), and
b in subsection (4) (circumstances in which a person or group of persons may be treated as bringing an enterprise under their control),
for “may” there were substituted “ must ”.

Enterprises ceasing to be distinct: the Chapter II prohibition

2
1 To the extent to which conduct (either on its own or when taken together with other conduct)—
a results in any two enterprises ceasing to be distinct enterprises for the purposes of Part V of the 1973 Act Part 3 of the 2002 Act), or
b is directly related and necessary to the attainment of the result mentioned in paragraph (a),
the Chapter II prohibition does not apply to that conduct.
2 Section 65 of the 1973 Act Section 26 of the 2002 Act applies for the purposes of this paragraph as it applies for the purposes of paragraph 1.

Transfer of a newspaper or of newspaper assets

F1603. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal of the paragraph 1 exclusion

C164
1 The exclusion provided by paragraph 1 does not apply to a particular agreement if the CMA gives a direction under this paragraph to that effect.
2 If the CMA is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the CMA such information in connection with the agreement as it may require.
3 The CMA may give a direction under this paragraph only as provided in sub-paragraph (4) or (5).
4 If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (2), the CMA may give a direction under this paragraph.
5 The CMA may also give a direction under this paragraph if—
a it considers that the agreement will, if not excluded, infringe the Chapter I prohibition; and
b the agreement is not a protected agreement.
6 For the purposes of sub-paragraph (5), an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).
7 A direction under this paragraph—
a must be in writing;
b may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).

Protected agreements

C26C25C425An agreement is a protected agreement for the purposes of paragraph 4 if—
a the CMA or (as the case may be) the Secretary of State has published its or his decision not to make a reference F378... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement;
b the CMA or (as the case may be) the Secretary of State has made a reference F378... under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and the CMA has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation;
c the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or
d the CMA has made a reference F378... under section 32 of the Water Industry Act 1991 in connection with the agreement and the CMA has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.

F462Part II  Concentrations subject to EC controls

F4626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 

Exclusions: Other Competition Scrutiny

Section 3(1)(b).

Part I  Financial Services

F268...

1
1 The Financial Services Act 1986 is amended as follows.
2 For section 125 (effect of the M9Restrictive Trade Practices Act 1976), substitute—
3 Omit section 126 (certain practices not to constitute anti-competitive practices for the purposes of the M10Competition Act 1980).
4 For section 127 (modification of statutory provisions in relation to recognised professional bodies), substitute—

Part II  Companies

The Companies Act 1989 (c.40)

2
1 The Companies Act 1989 is amended as follows.
2 In Schedule 14, for paragraph 9 (exclusion of certain agreements from the M11Restrictive Trade Practices Act 1976), substitute—

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

F2583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III  Broadcasting

The Broadcasting Act 1990 (c.42)

4
1 The Broadcasting Act 1990 is amended as follows.
2 In section 194A (which modifies the M12Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), for subsections (2) to (6), substitute—

Networking arrangements under the Broadcasting Act 1990 (c.42)

5
1 The Chapter I prohibition does not apply in respect of any networking arrangements to the extent that they—
a have been approved for the purposes of licence conditions imposed under section 291 of the Communications Act 2003; or
b are arrangements that have been considered under Schedule 4 to the Broadcasting Act 1990 and fall to be treated as so approved;
nor does that prohibition apply in respect of things done with a view to arrangements being entered into or approved to the extent that those things have effect for purposes that are directly related to, and necessary for compliance with, conditions so imposed.
2 OFCOM must publish a list of the networking arrangements which in their opinion are excluded from the Chapter I prohibition by virtue of sub-paragraph (1).
3 OFCOM must—
a consult the CMA before publishing the list, and
b publish the list in such a way as they think most suitable for bringing it to the attention of persons who, in their opinion, would be affected by, or likely to have an interest in, it.
4 In this paragraph “networking arrangements” has the same meaning as in Part 3 of the Communications Act 2003.

Part IV  Environmental Protection

Producer responsibility obligations

6
1 The M13Environment Act 1995 is amended as follows.
2 In section 94(1) (supplementary provisions about regulations imposing producer responsibility obligations on prescribed persons), after paragraph (o), insert—
.
3 After section 94(6), insert—
4 After section 94, insert—

SCHEDULE 3 

General Exclusions

Sections 3(1)(c) and 19(1)(b).

Planning obligations

1
1 The Chapter I prohibition does not apply to an agreement—
a to the extent to which it is a planning obligation;
b which is made under section 75 (agreements regulating development or use of land) or 246 (agreements relating to Crown land) of the M16Town and Country Planning (Scotland) Act 1997; or
c which is made under Article 40 of the M17Planning (Northern Ireland) Order 1991 section 76 of the Planning Act (Northern Ireland) 2011 .
2 In sub-paragraph (1)(a), “planning obligation” means—
a a planning obligation for the purposes of section 106 of the M18Town and Country Planning Act 1990; or
b a planning obligation for the purposes of section 299A of that Act.

Section 21(2) agreements

2
1 The Chapter I prohibition does not apply to an agreement in respect of which a direction under section 21(2) of the M19Restrictive Trade Practices Act 1976 is in force immediately before the coming into force of section 2 (“a section 21(2) agreement”).
2 If a material variation is made to a section 21(2) agreement, sub-paragraph (1) ceases to apply to the agreement on the coming into force of the variation.
3 Sub-paragraph (1) does not apply to a particular section 21(2) agreement if the OFT gives a direction under this paragraph to that effect.
4 If the OFT is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the OFT such information in connection with the agreement as it may require.
5 The OFT may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).
6 If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the OFT may give a direction under this paragraph.
7 The OFT may also give a direction under this paragraph if it considers—
a that the agreement will, if not excluded, infringe the Chapter I prohibition; and
b that the OFT isnot likely to grant it an unconditional individual exemption.
8 For the purposes of sub-paragraph (7) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).
9 A direction under this paragraph—
a must be in writing;
b may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).

F463...

F4633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Services of general economic interest etc.

4Neither the Chapter I prohibition nor the Chapter II prohibition applies to an undertaking entrusted with the operation of services of general economic interest or having the character of a revenue-producing monopoly in so far as the prohibition would obstruct the performance, in law or in fact, of the particular tasks assigned to that undertaking.

Avoidance of conflict with international obligations

6
1 If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter I prohibition not to apply to—
a a particular agreement, or
b any agreement of a particular description,
he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.
2 An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.
3 An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.
4 If the Secretary of State is satisfied that, in order to avoid a conflict between provisions of this Part and an international obligation of the United Kingdom, it would be appropriate for the Chapter II prohibition not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.
5 An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.
6 An international arrangement relating to civil aviation and designated by an order made by the Secretary of State is to be treated as an international obligation for the purposes of this paragraph.
7 In this paragraph and paragraph 7 “specified” means specified in the order.

Public policy

7
1 If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter I prohibition ought not to apply to—
a a particular agreement, or
b any agreement of a particular description,
he may by order exclude the agreement, or agreements of that description, from the Chapter I prohibition.
2 An order under sub-paragraph (1) may make provision for the exclusion of the agreement or agreements to which the order applies, or of such of them as may be specified, only in specified circumstances.
3 An order under sub-paragraph (1) may also provide that the Chapter I prohibition is to be deemed never to have applied in relation to the agreement or agreements, or in relation to such of them as may be specified.
4 If the Secretary of State is satisfied that there are exceptional and compelling reasons of public policy why the Chapter II prohibition ought not to apply in particular circumstances, he may by order provide for it not to apply in such circumstances as may be specified.
5 An order under sub-paragraph (4) may provide that the Chapter II prohibition is to be deemed never to have applied in relation to specified conduct.

Coal and steel

F6828. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agricultural products

C829
1 The Chapter I prohibition does not apply to an agreement to the extent to which it relates to production of or trade in an agricultural product and—
a forms an integral part of a national market organisation;
b is necessary for the attainment of the objectives set out in Article 39 of the Treaty on the Functioning of the European Union of the Treaty; or
c is an agreement of farmers or farmers’ associations (or associations of such associations) belonging to a single member State which concerns—
i the production or sale of agricultural products, or
ii the use of joint facilities for the storage, treatment or processing of agricultural products,
and under which there is no obligation to charge identical prices.
The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of—
a a recognised producer organisation (“PO”), or
b a recognised association of producer organisations (“APO”),
for the PO or APO (as the case may be) to carry out one or more of the activities mentioned in sub-paragraph (1A) on behalf of its members (for all or part of their total production), provided that Conditions A and B are also met.
1A The activities are—
a planning production;
b optimising production costs;
c concentrating supply;
d placing products on the market;
e negotiating supply contracts.
1B Condition A is that—
a in the case of a PO, the PO concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the PO, or
b in the case of an APO, the APO concentrates supply and places the products of the members of the POs it represents on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the APO or to any of the POs the APO represents.
1C Condition B is that—
a in the case of a PO, none of the producers concerned are members of any other PO as regards the products covered by the activities mentioned in sub-paragraph (1A) to which the agreement relates, or
b in the case of an APO, none of the producers concerned are members of a PO that is a member of any other APO as regards the products covered by the activities mentioned in sub-paragraph (1A) to which the agreement relates.
1D But the Secretary of State may decide that the RPO exclusion applies if Condition B is not met, if—
a every producer which is a member of more than one PO holds distinct production units located in different geographical areas, and
b the Secretary of State considers that it is appropriate in all the circumstances for the RPO exclusion to apply.
1E If the Secretary of State is considering whether to make a decision under sub-paragraph (1D), the Secretary of State may by notice in writing require any party to the agreement in question to give the Secretary of State such information in connection with the agreement as the Secretary of State may require.
2 If the Commission determines that an agreement does not fulfil the conditions specified by the provision for agricultural products for exclusion from Article 101(1), the exclusion provided by this paragraph (“the agriculture exclusion”) is to be treated as ceasing to apply to the agreement on the date of the decision.
3 The agriculture exclusion RPO exclusion does not apply to a particular agreement if the CMA gives a direction under this paragraph to that effect.
4 If the CMA is considering whether to give a direction under this paragraph, it may by notice in writing require any party to the agreement in question to give the CMA such information in connection with the agreement as it may require.
5 The CMA may give a direction under this paragraph only as provided in sub-paragraph (6) or (7).
6 If at the end of such period as may be specified in rules under section 51 a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (4), the CMA may give a direction under this paragraph.
7 The CMA may also give a direction under this paragraph if it considers that an agreement (whether or not it considers that it infringes the Chapter I prohibition) is likely, or is intended, substantially and unjustifiably to prevent, restrict or distort competition in relation to an agricultural product.
8 A direction under this paragraph—
a must be in writing;
b may be made so as to have effect from a date specified in the direction (which may not be earlier than the date on which it is given).
9 In this paragraph—
  • “agricultural product” means any product of a kind listed in Annex I to the Treaty; and
  • “provision for agricultural products” means Council Regulation (EEC) No. 26/62 of 4th April 1962 applying certain rules of competition to production of and trade in agricultural products.
In this paragraph—
  • “agricultural product” means a product that falls within a sector mentioned in Schedule 1 to the Agriculture Act 2020;
  • “recognised association of producer organisations” means an association recognised under section 30 of that Act;
  • “recognised producer organisation” means a producer organisation recognised under section 30 of that Act.
10
1 The Chapter 1 prohibition does not apply to an agreement to the extent that it is an agreement between the members of a recognised interbranch organisation that has the object of carrying out one or more specified activities, provided that the condition in sub-paragraph (2) is also met.This exclusion is referred to in this paragraph as the “RIBO exclusion”.
2 The condition in this sub-paragraph is that the organisation has notified the agreement to the CMA and provided all further details required by the CMA, and—
a the CMA has decided that it is appropriate for the RIBO exclusion to apply, or
b within two months of the CMA receiving all the details it requires, the CMA has not decided that it is inappropriate for the RIBO exclusion to apply.
3 In deciding whether it is appropriate for the RIBO exclusion to apply, the CMA must consider whether the benefit of the agreement to the specified activities of the recognised interbranch organisation outweighs any prevention, restriction or distortion of competition within the United Kingdom as a result of the agreement.
4 The CMA may at any time give a direction to the effect that the RIBO exclusion no longer applies to a particular agreement.
5 Sub-paragraphs (4) to (8) of paragraph 9 apply to a direction under this paragraph as they apply to a direction under paragraph 9.
6 In this paragraph—
  • “recognised interbranch organisation” means an organisation of agricultural businesses recognised under section 30 of the Agriculture Act 2020;
  • “specified activities” means the activities specified in regulations under section 30(6)(e) of that Act.

F8SCHEDULE 4 

Professional Rules

Section 3(1)(d).

F8Part I  Exclusion

F8 General

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Designated rules

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Application for designation

F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Alterations

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Reviewing the list

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Removal from the list

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Inspection

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8Part II  Professional Services

F8 Medical

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Dental

F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Ophthalmic

F811. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Veterinary

F812. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Nursing

F813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Midwifery

F814. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Physiotherapy

F815. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Chiropody

F816. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Architectural

F817. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Accounting and auditing

F818. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Insolvency

F819. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Patent agency

F820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F821. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Parliamentary agency

F822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Surveying

F823. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Engineering and technology et ceteralaetc.

F824. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Educational

F825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 Religious

F826. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C17I9SCHEDULE 5 

Notification under Chapter I: Procedure

Section 12(2).

Terms used

1In this Schedule—
  • “applicant” means the person making an application to which this Schedule applies;
  • “application” means an application under section 13 or an application under section 14;
  • “application for guidance” means an application under section 13;
  • “application for a decision” means an application under section 14;
  • “rules” means rules made by the OFT under section 51; and
  • “specified” means specified in the rules.

General rules about applications

2
1 An application must be made in accordance with rules.
2 A party to an agreement who makes an application must take all reasonable steps to notify all other parties to the agreement of whom he is aware—
a that the application has been made; and
b as to whether it is for guidance or a decision.
3 Notification under sub-paragraph (2) must be in the specified manner.

Preliminary investigation

3
1 If, after a preliminary investigation of an application, the OFT considers that it is likely—
a that the agreement concerned will infringe the Chapter I prohibition, and
b that it would not be appropriate to grant the agreement an individual exemption,
it may make a decision (“a provisional decision”) under this paragraph.
2 If the OFT makes a provisional decision—
a the OFT must notify the applicant in writing of its provisional decision; and
b section 13(4) or (as the case may be) section 14(4) is to be taken as never having applied.
3 When making a provisional decision, the OFT must follow such procedure as may be specified.
4 A provisional decision does not affect the final determination of an application.
5 If the OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 14.

Procedure on application for guidance

4When determining an application for guidance, the OFT must follow such procedure as may be specified.

Procedure on application for a decision

5
1 When determining an application for a decision, the OFT must follow such procedure as may be specified.
2 The OFT must arrange for the application to be published in such a way as it thinks most suitable for bringing the application to the attention of those likely to be affected by it, unless the OFT is satisfied that it will be sufficient F77... to seek information from one or more particular persons other than the applicant.
3 In determining the application, the OFT must take into account any representations made to it by persons other than the applicant.

Publication of decisions

6If the OFT determines an application for a decision it must publish its decision, together with its reasons for making it, in such manner as may be specified.

Delay by the OFT

7
1 This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the OFT to determine an application for a decision in accordance with the specified procedure, that there has been undue delay on the part of the OFT in determining the application.
2 The court may give such directions to the OFT as it considers appropriate for securing that the application is determined without unnecessary further delay.

SCHEDULE 6 

Notification under Chapter II: Procedure

Section 20(2).

Terms used

1In this Schedule—
  • “applicant” means the person making an application to which this Schedule applies;
  • “application” means an application under section 21 or an application under section 22;
  • “application for guidance” means an application under section 21;
  • “application for a decision” means an application under section 22;
  • “other party”, in relation to conduct of two or more persons, means one of those persons other than the applicant;
  • “rules” means rules made by the OFT under section 51; and
  • “specified” means specified in the rules.

General rules about applications

C182
1 An application must be made in accordance with rules.
2 If the conduct to which an application relates is conduct of two or more persons, the applicant must take all reasonable steps to notify all of the other parties of whom he is aware—
a that the application has been made; and
b as to whether it is for guidance or a decision.
3 Notification under sub-paragraph (2) must be in the specified manner.

Preliminary investigation

3
1 If, after a preliminary investigation of an application, the OFT considers that it is likely that the conduct concerned will infringe the Chapter II prohibition, it may make a decision (“a provisional decision”) under this paragraph.
2 If the OFT makes a provisional decision, it must notify the applicant in writing of that decision.
3 When making a provisional decision, the OFT must follow such procedure as may be specified.
4 A provisional decision does not affect the final determination of an application.
5 If the OFT has given notice to the applicant under sub-paragraph (2) in respect of an application for a decision, he may continue with the application under section 22.

Procedure on application for guidance

4When determining an application for guidance, the OFT must follow such procedure as may be specified.

Procedure on application for a decision

5
1 When determining an application for a decision, the OFT must follow such procedure as may be specified.
2 The OFT must arrange for the application to be published in such a way as it thinks most suitable for bringing the application to the attention of those likely to be affected by it, unless the OFT is satisfied that it will be sufficient F85... to seek information from one or more particular persons other than the applicant.
3 In determining the application, the OFT must take into account any representations made to it by persons other than the applicant.

Publication of decisions

6If the OFT determines an application for a decision it must publish its decision, together with its reasons for making it, in such manner as may be specified.

Delay by the OFT

7
1 This paragraph applies if the court is satisfied, on the application of a person aggrieved by the failure of the OFT to determine an application for a decision in accordance with the specified procedure, that there has been undue delay on the part of the OFT in determining the application.
2 The court may give such directions to the OFT as it considers appropriate for securing that the application is determined without unnecessary further delay.

SCHEDULE 6A 

COMMITMENTS

Section 31A

PART 1 PROCEDURAL REQUIREMENTS FOR THE ACCEPTANCE AND VARIATION OF COMMITMENTS

1Paragraph 2 applies where the CMA proposes to—
a accept any commitments under section 31A; or
b accept any variation of such commitments other than a variation which is not material in any respect.
2
1 Before accepting the commitments or variation, the CMA must—
a give notice under this paragraph; and
b consider any representations made in accordance with the notice and not withdrawn.
2 A notice under this paragraph must state—
a that the CMA proposes to accept the commitments or variation;
b the purpose of the commitments or variation and the way in which the commitments or variation would meet the CMA's competition concerns;
c any other facts which the CMA considers are relevant to the acceptance or variation of the commitments; and
d the period within which representations may be made in relation to the proposed commitments or variation.
3 The period stated for the purposes of sub-paragraph (2)(d) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.
3
1 The CMA must not accept the commitments or variation of which notice has been given under paragraph 2(1) with modifications unless it—
a gives notice under this paragraph of the proposed modifications; and
b considers any representations made in accordance with the notice and not withdrawn.
2 A notice under this paragraph must state—
a the proposed modifications;
b the reasons for them; and
c the period within which representations may be made in relation to the proposed modifications.
3 The period stated for the purposes of sub-paragraph (2)(c) must be at least 6 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.
4If, after giving notice under paragraph 2 or 3 the CMA decides—
a not to accept the commitments or variation concerned, and
b not to proceed by virtue of paragraph 5 or 6,
the CMA must give notice that it has so decided.
5The requirements of paragraph 3 shall not apply if the CMA —
a has already given notice under paragraph 2 but not under paragraph 3; and
b considers that the modifications which are now being proposed are not material in any respect.
6The requirements of paragraph 3 shall not apply if the CMA —
a has already given notices under paragraphs 2 and 3; and
b considers that the further modifications which are now being proposed are not material in any respect or do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 3.
7As soon as practicable after accepting commitments or a variation under section 31A the CMA must publish the commitments or the variation in such manner as the CMA considers appropriate.
8A notice under paragraph 2 or 3 shall be given by—
a sending a copy of the notice to such person or persons as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or
b publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.

PART 2 PROCEDURAL REQUIREMENTS FOR THE RELEASE OF COMMITMENTS

10Paragraph 11 applies where the CMA proposes to release any commitments under section 31A.
11
1 Before releasing the commitments, the CMA must—
a give notice under this paragraph;
b send a copy of the notice to the person (or persons) who gave the commitments; and
c consider any representations made in accordance with the notice and not withdrawn.
2 A notice under this paragraph must state—
a the fact that a release is proposed;
b the reasons for it; and
c the period within which representations may be made in relation to the proposed release.
3 The period stated for the purposes of sub-paragraph (2)(c) must be at least 11 working days starting with the date the notice is given or, if that date is not a working day, with the date of the first working day after that date.
12If after giving notice under paragraph 11 the CMA decides not to proceed with the release, it must—
a give notice that it has so decided; and
b send a copy of the notice to the person (or persons) who gave the commitments.
13As soon as practicable after releasing the commitments, the CMA must—
a publish the release in such manner as it considers appropriate; and
b send a copy of the release to the person (or persons) who gave the commitments.
14A notice under paragraph 11 or 12 shall be given by—
a sending a copy of the notice to such other person or persons as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it; or
b publishing the notice in such manner as the CMA considers appropriate for the purpose of bringing the matter to which it relates to the attention of those likely to be affected by it.

F292SCHEDULE 7 

The Competition Commission

Section 45(7).

F292Part I  General

F292 Interpretation

F2921. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Membership of the Commission

F2922. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Chairman and deputy chairmen

F2923. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 President

F2924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 The Council

F2925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Term of office

F2926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Expenses, remuneration and pensions

F2927. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 The Commission’s powers

F2927A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2928. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Staff

F2929. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Procedure

F29210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Application of seal and proof of instruments

F29211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Accounts

F29212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292Annual reports

F29212A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Status

F29213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Part II  Performance of the Commission’s General Functions

F292 Interpretation

F29214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Discharge of certain functions by groups

F29215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Chairmen of groups

F29216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Replacement of member of group

F29217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Attendance of other members

F29218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Procedure

F29219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29219A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Effect of exercise of functions by group

F29220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Casting votes

F29221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Newspaper merger references

F29222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292Part III  Appeals

F292 Interpretation

F29223. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Training of appeal panel members

F29224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Acting President

F29225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Panel of tribunal chairmen

F29226. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Constitution of tribunals

F29227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292Part IV  Miscellaneous

F292 Disqualification of members for House of Commons

F29228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Disqualification of members for Northern Ireland Assembly

F29229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292Part V  Transitional provisions

F292 Interpretation

F29230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Chairman

F29231. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Deputy chairmen

F29232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Reporting panel members

F29233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Specialist panel members

F29234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Secretary

F29235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F292 Council

F29236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F293SCHEDULE 7A 

the competition commission: procedural rules for mergers and market references etc.

F2931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2933. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2934. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2935. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2936. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8 

Appeals

Sections 46(5) and 48(4).

Part I  General

Interpretation

F871. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General procedure

2
1 An appeal to the Tribunal under section 46, 47 or 49D(3) must be made by sending a notice of appeal to it within the specified period.
C192 The notice of appeal must set out the grounds of appeal in sufficient detail to indicate—
a under which provision of this Act the appeal is brought;
b to what extent (if any) the appellant contends that the decision against, or with respect to which, the appeal is brought was based on an error of fact or was wrong in law; and
c to what extent (if any) the appellant is appealing against the CMA's exercise of its discretion in making the disputed decision.
3 The Tribunal may give an appellant leave to amend the grounds of appeal identified in the notice of appeal.
4 In this paragraph references to the Tribunal are to the Tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question.
5 Nothing in this paragraph restricts the power under section 15 of the Enterprise Act 2002 (Tribunal rules) to make provision as to the manner of instituting proceedings before the Tribunal.

Decisions of the tribunal

3
A1 This paragraph applies to any appeal under section 46 or 47 other than—
a an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) , (h), (ha) or (hb) of that section, and
b an appeal under section 47(1)(b) , (c), (d) or (e).
1 The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.
2 The Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—
a remit the matter to the CMA ,
b impose or revoke, or vary the amount of, a penalty,
c grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the CMA ,
d give such directions, or take such other steps, as the CMA could itself have given or taken, or
e make any other decision which the CMA could itself have made.
3 Any decision of the Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the CMA .
4 If the Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.
3A
1 This paragraph applies to—
a any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) , (h), (ha) or (hb) of that section, and
b any appeal under section 47(1)(b) , (c), (d) or (e).
2 The Tribunal must, by reference to the grounds of appeal set out in the notice of appeal, determine the appeal by applying the same principles as would be applied by a court on an application for judicial review.
3 The Tribunal may—
a dismiss the appeal or quash the whole or part of the decision to which it relates; and
b where it quashes the whole or part of that decision, remit the matter back to the CMA with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.
3B
1 This paragraph applies to an appeal under section 49D(3).
2 The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.
3 The Tribunal may—
a approve the amount of costs which is the subject of the appeal, or
b impose a requirement to pay costs of a different amount.
4 The Tribunal may also give such directions, or take such other steps, as the CMA could itself have given or taken.
5 A requirement imposed by the Tribunal under sub-paragraph (3)(b) has the same effect, and may be enforced in the same manner, as a requirement imposed by the CMA under section 49D.
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  Rules

Registrar of Appeal Tribunals

F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notice of appeal

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Response to the appeal

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-hearing reviews and preliminary matters

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conduct of the hearing

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest

F1110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawing an appeal

F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim orders

F1113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

F1114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8A 

Further Provision about Claims in Respect of Loss or Damage , or for Declaratory Relief, Before a Court or the Tribunal

Section 47F

Part 1 Interpretation

1This Part of this Schedule contains definitions and other provisions about interpretation which apply for the purposes of this Schedule.

2 Competition law etc

1 “Competition law” means—
a the Chapter I prohibition, and
b the Chapter II prohibition,
F548c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F549d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 “Competition claim” means—
a a claim in respect of loss or damage arising from an infringement of competition law (whatever the legal basis of the claim) which is made by or on behalf of—
i the person who suffered the loss or damage, or
ii a person who has acquired that person’s right to make the claim (whether by operation of law or otherwise), or
b a claim for a declaration or a declarator in respect of an infringement of competition law.
3 “Competition damages claim” means a competition claim to the extent that it is a claim for damages.
4 “Competition proceedings” means proceedings before a court or the Tribunal to the extent that they relate to a competition claim.
5 Where the context requires, references to an infringement of competition law and to loss or damage (however expressed) include an alleged infringement and alleged loss or damage.

3 Competition authority etc

1 “Competition authority” means—
a the CMA, and
b a regulator, so far as it exercises functions under Part 1 of this Act concurrently with the CMA,
F551c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F552d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5532 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 “Investigation materials”, in relation to a competition authority, means—
a information prepared by a person (other than a competition authority) for the purpose of an investigation by the competition authority into an infringement of competition law;
b information sent by the competition authority, during the course of such an investigation, to an undertaking which is the subject of the investigation;
c a settlement submission which has been withdrawn.
4 Section 58A(3) applies for the purposes of determining when a decision of the CMA or a regulator becomes “final”.
F5565 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5576 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Cartels

1 “Cartel” means an agreement or concerted practice between two or more competitors aimed at—
a co-ordinating their competitive behaviour in a market, or
b otherwise influencing competition in a market,
through practices such as (but not limited to) those listed in sub-paragraph (2).
2 Those practices are—
a fixing or co-ordinating purchase or selling prices or other trading conditions, including in relation to intellectual property rights,
b allocating production or sales quotas, and
c sharing markets and customers, including bid-rigging, restrictions of imports or exports or anti-competitive actions against other competitors.
3 “Cartel leniency programme” means a programme operated by a competition authority under which—
a an undertaking that has participated in a cartel may provide the competition authority with information about the cartel and the undertaking’s involvement in it, and
b if it does so voluntarily and independently of the other cartel members, the competition authority may give the undertaking immunity from, or a reduction in, a financial penalty which would otherwise be payable by the undertaking for its participation in the cartel.
4 “Cartel leniency statement” means a set of information provided, orally or in writing, to a competition authority by or on behalf of a person which—
a consists of information about a cartel and the person’s role in relation to the cartel,
b is provided voluntarily, and
c is provided specifically for the purposes of the competition authority’s cartel leniency programme,
excluding any pre-existing information.
5 For the purposes of sub-paragraph (4)—
a “pre-existing information” means information that exists irrespective of a competition authority’s investigations, and
b the fact that information is in a competition authority’s file does not prevent it from being pre-existing information.
6 References to a cartel leniency statement include—
a a part of a cartel leniency statement,
b a quotation from a cartel leniency statement,
c all or part of a record of a cartel leniency statement, and
d a copy of all or part of a cartel leniency statement or of a record of such a statement.
7 On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether information is a cartel leniency statement.
8 For the purposes of making a determination under sub-paragraph (7), the court or the Tribunal may—
a take evidence from the author of the document, and
b obtain assistance from a competition authority,
but may not obtain assistance from anyone else.

5 Settlement submission to a competition authority

1 “Settlement submission” means a statement made, orally or in writing, to a competition authority by or on behalf of an undertaking—
a which states—
i that the undertaking accepts that it has infringed competition law, or
ii that the undertaking does not accept that it has infringed competition law but will not dispute a decision of the competition authority that it has done so,
b which is made voluntarily, and
c which is made for the sole purpose of allowing the competition authority to follow a simplified or expedited procedure in connection with the infringement.
2 References to a settlement submission include—
a a part of a settlement submission,
b a quotation from a settlement submission,
c all or part of a record of a settlement submission, and
d a copy of all or part of a settlement submission or of a record of such a submission.
3 On the application of a claimant in competition proceedings, a court or the Tribunal may, in accordance with procedural rules, determine whether a document is a settlement submission.
4 For the purposes of making a determination under sub-paragraph (3), the court or the Tribunal may—
a take evidence from the author of the document, and
b obtain assistance from a competition authority,
but may not obtain assistance from anyone else.

6 Consensual dispute resolution process

1 “Consensual dispute resolution process” means arbitration, mediation or any other process enabling parties to a dispute to resolve it out of court.
2 A dispute is resolved “out of court” even if the process involves a court or the Tribunal approving what the parties agree or declaring their agreement binding.

C1007 Other definitions

1 “Court” means—
a the High Court or the Court of Appeal in England and Wales,
b the sheriff or the Court of Session,
c the High Court or the Court of Appeal in Northern Ireland, or
d the Supreme Court,
except in paragraphs 3(6) and 35.
2 “Damages” includes any sum of money (other than costs or expenses) which may be awarded in respect of a competition claim.
2A “Digital markets proceedings” means proceedings under section 101 of the Digital Markets, Competition and Consumer Act 2024 (rights to enforce requirements of Part 1).
3 “Procedural rules” means—
a in relation to proceedings before a court, rules of court, and
b in relation to proceedings before the Tribunal, Tribunal rules.
4 “Undertaking” includes an association of undertakings.

Part 2 Passing On

8 Overcharges and underpayments

For the purposes of this Part of this Schedule—
a there is an overcharge as a result of an infringement of competition law if, when a product or service is acquired directly from the infringer, the price actually paid exceeds the price that would have been paid in the absence of the infringement, and
b there is an underpayment as a result of an infringement of competition law if, when a product or service is provided directly to the infringer, the price actually paid is less than the amount that would have been paid in the absence of the infringement.

9 Burden of proof where an overcharge is passed on to an indirect purchaser

1 Sub-paragraph (2) applies where there is an overcharge as a result of an infringement of competition law and—
a a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which—
i arises, directly or indirectly, from the overcharge, and
ii was suffered by a person who acquired a product or service indirectly from the infringer (“the injured person”), or
b a competition claim within paragraph 2(2)(b) is made in respect of the overcharge.
2 The claimant is to be treated as having proved that the overcharge was passed on to the claimant if the claimant proves that—
a the defendant infringed competition law,
b as a result of the infringement, there was an overcharge when a person acquired a product or service directly from the defendant, and
c the claimant subsequently acquired—
i the product or service mentioned in paragraph (b), or
ii a product or service derived from or containing the product or service mentioned in paragraph (b).
3 Sub-paragraph (2) does not apply if the defendant proves that the overcharge, or part of it, was not passed on to the claimant.
4 Where the claimant is not the injured person, the following are to be read as references to the injured person—
a the second reference to the claimant in the opening words of sub-paragraph (2), and
b the references to the claimant in sub-paragraphs (2)(c) and (3).
5 Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.

10 Burden of proof where an underpayment is passed on to an indirect provider

1 Sub-paragraph (2) applies where there is an underpayment as a result of an infringement of competition law and—
a a competition claim within paragraph 2(2)(a) is made in respect of loss or damage which—
i arises, directly or indirectly, from the underpayment, and
ii was suffered by a person who provided a product or service indirectly to the infringer (“the injured person”), or
b a competition claim within paragraph 2(2)(b) is made in respect of the underpayment.
2 The claimant is to be treated as having proved that the underpayment was passed on to the claimant if the claimant proves that—
a the defendant infringed competition law,
b as a result of the infringement, there was an underpayment when a person provided a product or service directly to the defendant, and
c the product or service mentioned in paragraph (b)—
i was provided to the person by the claimant, or
ii contained or was derived from a product or service provided by the claimant.
3 Sub-paragraph (2) does not apply if the defendant proves that the underpayment, or part of it, was not passed on to the claimant.
4 Where the claimant is not the injured person, the following are to be read as references to the injured person—
a the second reference to the claimant in the opening words of sub-paragraph (2), and
b the references to the claimant in sub-paragraphs (2)(c) and (3).
5 Where the defendant is not the infringer, the references in sub-paragraph (2)(a) and (b) to the defendant are to be read as references to the infringer.

11 Burden of proof where an overcharge or underpayment is passed on by the claimant

1 This paragraph applies where—
a there is an overcharge or underpayment as a result of an infringement of competition law,
b a person makes a competition claim in respect of F691... the overcharge or underpayment, and
c in its defence, the defendant claims that the claimant passed on all or part of the overcharge or underpayment to another person.
2 The defendant has the burden of proving—
a that the claimant passed on the overcharge or underpayment, and
b the extent to which the claimant did so.
3 Where the competition claim is made by someone other than a person who suffered loss or damage arising directly or indirectly from the overcharge or underpayment (“the injured person”), the references in sub-paragraphs (1)(c) and (2) to the claimant are to be read as references to the injured person.

Part 3 Small and Medium-Sized Enterprises

12 Liability of small and medium-sized enterprises

1 Sub-paragraph (3) applies where—
a an undertaking participated in an infringement of competition law with one or more other undertakings,
b throughout the period of the infringement, the undertaking’s share of the relevant market (or, if there was more than one, each relevant market) was less than 5%,
c but for this paragraph, the undertaking’s liability to pay damages in respect of the infringement (whatever the legal basis of the liability) would irretrievably jeopardise its economic viability and cause its assets to lose all their value, and
d the undertaking is a small or medium-sized enterprise.
2 Sub-paragraph (3) does not apply where—
a the undertaking led the infringement,
b the undertaking coerced one or more of the other undertakings to participate in the infringement, or
c the undertaking has previously been found to have infringed competition law.
3 The undertaking is not liable (either alone or jointly) to pay damages in respect of loss or damage suffered by a person as a result of the infringement of competition law (whatever the legal basis of the liability) except where—
a the person acquired a product or service that was the object of the infringement directly or indirectly from the undertaking, or
b the person acquired a product or service containing or derived from a product or service that was the object of the infringement indirectly from the undertaking.
4 The reference in sub-paragraph (1)(c) to the effect of the undertaking’s liability to pay damages is to its effect taking account of the undertaking’s other liabilities.
5 In this paragraph “small or medium-sized enterprise” means a small or medium-sized enterprise as defined in the Annex to Commission Recommendation (EC) No. 2003/361 of 6 May 2003 (“the SME Annex”), subject to sub-paragraph (6).
6 For the purposes of this paragraph, the SME Annex has effect as if—
a in Article 2(1), for “EUR 50 million and/or an annual balance sheet total not exceeding EUR 43 million” there were substituted “ £44,000,000 and/or an annual balance sheet total not exceeding £38,000,000 ”;
b in Article 2(2), for “EUR 10 million” there were substituted “ £8,800,000 ”;
c in Article 2(3), for “EUR 2 million” there were substituted “ £1,750,000 ”;
d in Article 3(2)(a), for “EUR 1 250 000” there were substituted “ £1,100,000 ”;
e in Article 3(2)(d), for “EUR 10 million” there were substituted “ £8,800,000 ”;
f in Article 3(5), for “by national or Community rules” there were substituted “ under the law of the United Kingdom (or any part of it) ”;
g in Article 5(b), for “national law” there were substituted “ the law of the United Kingdom (or any part of it) ”.

Part 4 Cartels

13 Presumption that cartels cause harm

For the purposes of competition proceedings, it is to be presumed, unless the contrary is proved, that a cartel causes loss or damage.

14 Immunity recipients

1 Paragraphs 15 and 16 apply where—
a undertakings have infringed the Chapter I prohibition F560... by participating in a cartel, and
b in respect of its participation in the infringement (the “cartel infringement”), an undertaking has been granted immunity from financial penalties under a cartel leniency programme.
2 The undertaking mentioned in sub-paragraph (1)(b) is referred to in paragraphs 15 and 16 as “an immunity recipient”.

15 Liability of immunity recipients

1 An immunity recipient is not liable (either alone or jointly) to pay damages to a person as a result of the cartel infringement (whatever the legal basis of the liability) except where—
a the person acquired a product or service that was the object of the cartel infringement directly or indirectly from the immunity recipient,
b the person acquired a product or service containing or derived from a product or service that was the object of the cartel infringement indirectly from the immunity recipient,
c the person provided a product or service that was the object of the cartel infringement directly or indirectly to the immunity recipient,
d a product or service that was the object of the cartel infringement contained or was derived from a product or service provided by the person, or
e the person is unable to obtain full compensation for the loss or damage from other undertakings involved in the cartel infringement.
2 But an immunity recipient is not liable (either alone or jointly) by virtue of sub-paragraph (1)(e) to pay exemplary damages.

16 Contribution between participants in cartels

1 Sub-paragraph (2) applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered—
a in respect of loss or damage suffered by a person as a result of a cartel infringement, and
b from a person who is an immunity recipient in relation to the cartel infringement.
2 The amount of contribution that the immunity recipient may be required to pay may not exceed the amount of the loss or damage the immunity recipient caused to—
a persons who acquired products or services that were the object of the cartel infringement directly or indirectly from the immunity recipient,
b persons who acquired products or services containing or derived from products or services that were the object of the cartel infringement indirectly from the immunity recipient,
c persons who provided products or services that were the object of the cartel infringement directly or indirectly to the immunity recipient, and
d persons who provided—
i products or services that were subsequently contained in products or services that were the object of the cartel infringement, or
ii products or services from which products or services that were the object of the cartel infringement were subsequently derived.
3 The following have effect subject to sub-paragraph (2)—
a section 2(1) of the Civil Liability (Contribution) Act 1978 (assessment of contribution);
b section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers).

Part 5 Limitation and Prescriptive Periods

17 Time limits for bringing competition proceedings

1 Under the law of England and Wales and the law of Northern Ireland, proceedings in respect of a competition claim may not be brought before a court or the Tribunal after the end of the limitation period for the claim determined in accordance with this Part of this Schedule.
2 Under the law of Scotland—
a proceedings in respect of a competition claim may not be brought before a court or the Tribunal after the end of the prescriptive period for the claim determined in accordance with this Part of this Schedule, and
b accordingly, an obligation in respect of any loss or damage that is the subject of the claim is extinguished,
except where the subsistence of the obligation in relation to which the claim is made was relevantly acknowledged before the end of that period.
3 Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of 5 years) does not apply in relation to an obligation described in sub-paragraph (2).
4 The following provisions of the Prescription and Limitation (Scotland) Act 1973 apply for the purposes of, or in relation to, sub-paragraph (2) as they apply for the purposes of, or in relation to, section 6 of that Act—
a section 10 (relevant acknowledgment);
b section 13 (prohibition of contracting out);
c section 14(1)(c) and (d) (computation of prescriptive periods).

18 Length of limitation or prescriptive period

1 The limitation period is 6 years.
2 The prescriptive period is 5 years.
3 But see—
a the provision in paragraphs 20 to 25 for the running of the period to be suspended in certain circumstances, and
b paragraph 23(5), which extends the period in certain circumstances.

19 Beginning of limitation or prescriptive period

1 The limitation or prescriptive period for a competition claim against an infringer begins with the later of—
a the day on which the infringement of competition law that is the subject of the claim ceases, and
b the claimant’s day of knowledge.
2 “The claimant’s day of knowledge” is the day on which the claimant first knows or could reasonably be expected to know—
a of the infringer’s behaviour,
b that the behaviour constitutes an infringement of competition law,
c that the claimant has suffered loss or damage arising from that infringement, and
d the identity of the infringer.
3 Where the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise) —
a the reference in sub-paragraph (2) to the day on which the claimant first knows or could reasonably be expected to know something is to be read as a reference to the first day on which either the claimant or a person in whom the cause of action was previously vested first knows or could reasonably be expected to know it, and
b the reference to the claimant in sub-paragraph (2)(c) is to be read as a reference to the injured person.
4 In sub-paragraph (3), “injured person”, in relation to a competition claim, means a person who suffered the loss or damage that is the subject of the claim.
5 Where a person (“P”) has acquired an infringer’s liability in respect of an infringement of competition law from another person (whether by operation of law or otherwise)—
a the reference to an infringer in sub-paragraph (1) is to be read as a reference to P, but
b the references to the infringer in sub-paragraph (2) are to be read as references to the original infringer.
6 The references in sub-paragraphs (2) and (3) to a person knowing something are to a person having sufficient knowledge of it to bring competition proceedings.
6A This paragraph applies in respect of a competition claim within paragraph 2(2)(b) as if—
a in sub-paragraph (2), paragraph (c) (but not the “, and” at the end of it) were omitted;
b in sub-paragraph (3), paragraph (b) (and the “and” before it) were omitted;
c sub-paragraph (4) were omitted.
7 This paragraph has effect subject to the provision in paragraphs 20 to 25, which defers the beginning of the limitation or prescriptive period in certain circumstances.

20 Effect of disability on beginning of limitation period: England and Wales and Northern Ireland

1 This paragraph applies if the claimant in relation to a competition claim is under a disability on the day on which, but for this paragraph, the limitation period for the claim would begin.
2 In England and Wales and Northern Ireland, the limitation period for the claim begins with the earlier of—
a the day on which the claimant ceases to be under a disability, and
b the day on which the claimant dies.
3 Where—
a the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), and
b but for this paragraph, the limitation period would begin on the day specified in paragraph 19(2),
the references to the claimant in sub-paragraphs (1) and (2) of this paragraph are to be read as references to the person by reference to whose knowledge that day would fall to be determined in accordance with paragraph 19(3).
4 In England and Wales, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation Act 1980 (see section 38(2) of that Act).
5 In Northern Ireland, references in this paragraph to a person being “under a disability” have the same meaning as in the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (see article 47 of that Order).

21 Suspension during investigation by competition authority

1 Where a competition authority investigates an infringement of competition law, the period of the investigation is not to be counted when calculating whether the limitation or prescriptive period for a competition claim F698... arising from the infringement has expired.
2 The period of an investigation by a competition authority begins when the competition authority takes the first formal step in the investigation.
C833 The period of an investigation by a competition authority ends—
a if the competition authority makes a decision in relation to the infringement as a result of the investigation, at the end of the period of one year beginning with the day on which the decision becomes final, and
b otherwise, at the end of the period of one year beginning with the day on which the competition authority closes the investigation.

22 Suspension during consensual dispute resolution process

1 This paragraph applies where—
a a dispute arising from an infringement of competition law is the subject of a consensual dispute resolution process,
b a competition claim is made which arises from the dispute, and
c the claimant and the defendant participated in the consensual dispute resolution process.
2 The period of the consensual dispute resolution process is not to be counted when calculating whether the limitation or prescriptive period for the claim expired.
3 The period of a consensual dispute resolution process in relation to a dispute begins with the first day on which either of the following occurs—
a the claimant and the defendant (with or without others) enter into an agreement to engage in the process in respect of the dispute, or
b the claimant and the defendant submit the dispute to the person who is to run the process.
4 The period of a consensual dispute resolution process ends with the first day on which one of the following occurs —
a the claimant and the defendant reach an agreement to resolve the dispute;
b where the process is the subject of an agreement or rules, the process comes to an end in accordance with the agreement or rules;
c the claimant or defendant notifies the other that it has withdrawn from the process;
d the claimant or the defendant asks the other to confirm that it wishes to continue with the process and does not receive a response within the period of 14 days beginning with the day on which the request is made;
e the claimant and the defendant are notified that the person to whom they submitted the dispute refuses to deal with it;
f the claimant and defendant are notified that the person running the process cannot continue to act in relation to the dispute and fail to agree to submit the dispute to another person within the period of 14 days beginning with the day on which they are notified.
5 Where the competition claim is made in collective proceedings, the references to the claimant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the claimant or the representative.
6 Where the claimant has acquired the right to make the competition claim from another person (whether by operation of law or otherwise), the references to the claimant in sub-paragraphs (1)(c), (3), (4) and (5) are to be read as references to the claimant or a person in whom the cause of action was previously vested.
7 Where the defendant has acquired the infringer’s liability in respect of the infringement of competition law from another person (whether by operation of law or otherwise), the references to the defendant in sub-paragraphs (1)(c), (3) and (4) are to be read as references to the defendant or a person who has previously held the liability.

23 Suspension during collective proceedings

1 Where a competition claim is made in collective proceedings at the commencement of those proceedings (“the section 47B claim”), this paragraph applies for the purpose of determining the limitation or prescriptive period for the claim if it is subsequently made in proceedings under section 47A.
2 The period of the collective proceedings is not to be counted when calculating whether the limitation or prescriptive period has expired.
3 The period of collective proceedings begins with the day on which the collective proceedings are commenced.
4 The period of collective proceedings ends with the first day on which one of the following occurs—
a the Tribunal declines to make a collective proceedings order in respect of the collective proceedings;
b the Tribunal makes a collective proceedings order in respect of the proceedings, but the order does not provide that the section 47B claim is eligible for inclusion in the proceedings;
c the Tribunal rejects the section 47B claim;
d in the case of opt-in collective proceedings, the period within which a person may choose to have the section 47B claim included in the proceedings expires without the person having done so;
e in the case of opt-out collective proceedings—
i a person domiciled in the United Kingdom chooses (within the period in which such a choice may be made) to have the section 47B claim excluded from the collective proceedings, or
ii the period within which a person not domiciled in the United Kingdom may choose to have the section 47B claim included in the collective proceedings expires without the person having done so;
f the section 47B claim is withdrawn;
g the Tribunal revokes the collective proceedings order in respect of the collective proceedings;
h the Tribunal varies the collective proceedings order in such a way that the section 47B claim is no longer included in the collective proceedings;
i the section 47B claim is settled with or without the Tribunal’s approval;
j the section 47B claim is dismissed, discontinued or otherwise disposed of without an adjudication on the merits.
5 Where—
a there is a period of collective proceedings in relation to a competition claim, and
b but for this sub-paragraph, the limitation or prescriptive period would expire before the end of the period of 6 months beginning with the day after the day on which the period of collective proceedings ends,
the limitation or prescriptive period for the claim is to be treated as expiring at the end of that 6 month period.

24 Suspension of prescriptive period during period of disability: Scotland

1 This paragraph applies if the relevant person in relation to a competition claim is under legal disability for a period at any time.
2 In Scotland, the period during which the relevant person is under legal disability is not to be counted when calculating whether the prescriptive period for the claim has expired.
3 References in this paragraph to a person being “under legal disability” have the same meaning as in the Prescription and Limitation (Scotland) Act 1973 (see section 15(1) of that Act).
4 In this paragraph, “relevant person” means—
a in relation to a competition claim within paragraph 2(2)(a), a person who suffered the loss or damages that is the subject of the claim;
b in relation to a competition claim within paragraph 2(2)(b), the pursuer.

25 Continuity of limitation or prescriptive period

For the purposes of calculating whether the limitation or prescriptive period for a competition claim has expired, a period described in paragraph 21, 22, 23 or 24 is not to be regarded as separating the time immediately before it from the time immediately after it.

26 New claims in pending actions: England and Wales and Northern Ireland

1 In section 35 of the Limitation Act 1980 (new claims in pending actions)—
a subsection (1) applies for the purposes of this Part of this Schedule as it applies for the purposes of that Act, and
b subsections (3) to (8) apply in relation to a competition claim that is a new claim and to competition proceedings as they apply in relation to other new claims and proceedings.
2 In Article 73 of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) (new claims in pending actions)—
a paragraph (1) applies for the purposes of this Part of this Schedule as it applies for the purposes of that Order, and
b paragraphs (2) to (7) apply in relation to a competition claim that is a new claim and to competition proceedings as they apply in relation to other new claims and proceedings.

Part 6 Disclosure etc

C10127 Disclosure orders

1 For the purposes of this Part of this Schedule (and subject to sub-paragraph (2)), a court or the Tribunal makes a disclosure order in respect of something if—
a in England and Wales or Northern Ireland, it orders its disclosure or production in accordance with procedural rules, or
b in Scotland, it grants commission and diligence for its recovery or makes an order in respect of it under section 1 of the Administration of Justice (Scotland) Act 1972 (inspection of documents etc).
2 A court or the Tribunal does not make a disclosure order in respect of something if it does something described in sub-paragraph (1) for the purposes of enabling a court or the Tribunal to determine whether it is a cartel leniency statement or a settlement submission.

28 Restriction in relation to settlement submissions and cartel leniency statements

For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order in respect of—
a a settlement submission which has not been withdrawn, or
b a cartel leniency statement (whether or not it has been withdrawn).

29 Restriction in relation to investigation materials

For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order in respect of a competition authority’s investigation materials before the day on which the competition authority closes the investigation to which those materials relate.

30 Restriction in relation to material in a competition authority’s file

1 For the purposes of competition proceedings or digital markets proceedings, a court or the Tribunal must not make a disclosure order addressed to a competition authority in respect of documents or information included in a competition authority’s file.
2 Sub-paragraph (1) does not apply where the court or the Tribunal making the order is satisfied that no-one else is reasonably able to provide the documents or information.

31 Power of High Court in Northern Ireland to order disclosure etc by non-parties

1 On the application of a party to competition proceedings, where it appears to the High Court in Northern Ireland that evidence relevant to the proceedings is likely to be in the possession, custody or power of a person who is not a party to the proceedings, the court may order the person—
a to disclose whether such evidence is in the person’s possession, custody or power, and
b if it is, to produce it—
i to the applicant, or
ii on such conditions as may be specified in the order, to the applicant’s legal adviser or other professional adviser.
2 An order under sub-paragraph (1) must not be made if the court considers that compliance with it would be likely to be injurious to the public interest.
3 Rules of court may make provision specifying circumstances in which a court may or may not make an order under sub-paragraph (1).
4 The power under sub-paragraph (3) includes power to make incidental, supplementary and consequential provision.
5 Sub-paragraph (1) is without prejudice to the exercise by the High Court in Northern Ireland of any power to make orders which is exercisable apart from this paragraph.

Part 7 Use of Evidence

32 Cartel leniency statements and settlement submissions

1 A settlement submission which has not been withdrawn is not admissible in evidence in competition proceedings.
2 A cartel leniency statement is not admissible in evidence in competition proceedings (whether or not it has been withdrawn).
3 The prohibitions in sub-paragraphs (1) and (2) do not apply if a party to the proceedings obtained the submission or statement—
a lawfully, and
b otherwise than from a competition authority’s file.

33 Investigation materials

1 A competition authority’s investigation materials are not admissible in evidence in competition proceedings at any time before the competition authority has closed the investigation to which those materials relate.
2 The prohibition in sub-paragraph (1) does not apply if a party to the proceedings obtained the materials—
a lawfully, and
b otherwise than from a competition authority’s file.

34 Material obtained from a competition authority’s file

Documents or information obtained by a person (“P”) from a competition authority’s file are admissible in evidence in competition proceedings only where—
a the proceedings relate, entirely or partly, to a competition claim made by P or by a person who has acquired P’s right to make the claim (whether by operation of law or otherwise), and
b none of the prohibitions in paragraphs 32 and 33 applies.

F56135 Decisions of member State competition authorities

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

F619Part 8 Exemplary Damages

F61936 Exemplary damages

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

Part 9 

Contribution and Consensual Settlements 

37 Consensual settlement

In this Part of this Schedule, “consensual settlement” means an agreement relating to a dispute about loss or damage arising from an infringement of competition law which—
a is reached through a consensual dispute resolution process,
b is made between—
i an infringer or a person who has acquired an infringer’s liability in respect of the infringement (whether by operation of law or otherwise) (“the settling infringer”), and
ii a person who suffered the loss or damage or a person who has acquired such a person’s right to make a claim in respect of the loss or damage (whether by operation of law or otherwise) (“the settling complainant”), and
c entirely resolves the dispute between the settling infringer and the settling complainant.

38 Assessment of contribution

1 This paragraph applies in relation to proceedings to recover contribution under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 where contribution is to be recovered in respect of loss or damage suffered by a person as a result of an infringement of competition law.
2 The amount of contribution that one person liable in respect of the loss or damage may recover from another must be determined in the light of their relative responsibility for the whole of the loss or damage caused by the infringement.
3 The determination of that amount must take into account any damages paid by the other person in respect of the loss or damage in accordance with a consensual settlement.
4 The following have effect subject to this paragraph—
a section 2(1) of the Civil Liability (Contribution) Act 1978 (assessment of contribution);
b section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers).

39 Effect of consensual settlement on the amount of a claim

1 Where loss or damage arising from an infringement of competition law is the subject of—
a a consensual settlement, and
b a competition damages claim by the settling complainant,
the amount of the settling complainant’s claim is reduced by the settling infringer’s share of the loss or damage.
2 Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.

40 Effect of consensual settlement for the settling infringer

1 Where loss or damage arising from an infringement of competition law is the subject of a consensual settlement, the settling complainant ceases to have a right of action against the settling infringer in respect of the loss or damage.
2 Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.
3 Sub-paragraphs (1) and (2) do not apply where—
a an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of loss or damage which arises from the infringement,
b that undertaking is (or, if there is more than one, those undertakings are) unable to pay damages corresponding to the outstanding amount of the settling complainant’s claim, and
c the settling infringer’s liability for that amount is not expressly excluded by the terms of the consensual settlement.

41 Effect of consensual settlement on contribution between defendants

1 Where—
a loss or damage arising from an infringement of competition law is the subject of a consensual settlement,
b it is also the subject of a competition damages claim by the settling complainant, and
c an undertaking other than the settling infringer is liable to pay damages to the settling complainant in respect of the loss or damage that is the subject of the claim,
that undertaking may not recover contribution from the settling infringer in respect of the loss or damage under section 1 of the Civil Liability (Contribution) Act 1978 or section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.
2 Sub-paragraph (1) has effect regardless of the terms of the consensual settlement.
3 The following have effect subject to this paragraph—
a section 1 of the Civil Liability (Contribution) Act 1978;
b section 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940.

Part 10 Application

42
1 Parts 2 to 5 F705... and 9 of this Schedule apply in relation to competition claims, competition proceedings, claims for contribution arising from competition claims and proceedings relating to such claims only to the extent that —
a in respect of competition claims within paragraph 2(2)(a), the claim and proceedings relate to loss or damage suffered on or after 8 March 2017 as a result of an infringement of competition law that takes place on or after that date;
b in respect of competition claims within paragraph 2(2)(b), the claim and proceedings relate to an infringement of competition law that takes place on or after 8 March 2017.
2 Where an infringement of competition law takes place over a period of 2 or more days it is to be taken for the purposes of sub-paragraph (1) to have taken place on the first of those days
43The following provisions of this Schedule apply only in relation to proceedings on a competition claim in relation to which the first proceedings before a court or the Tribunal began on or after 8 March 2017—
a paragraphs 4(7) and (8) and 5(3) and (4);
b Parts 6 and 7.
F70844. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 

CMA's Rules

Section 51(2).

General

1In this Schedule “rules” means rules made by the CMA under section 51.

Delegation of functions

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).

Applications

2Rules may make provision—
a as to the form and manner in which an application for guidance or an application for a decision must be made;
b for the procedure to be followed in dealing with the application;
c for the application to be dealt with in accordance with a timetable;
d as to the documents and information which must be given to the OFT in connection with the application;
e requiring the applicant to give such notice of the application, to such other persons, as may be specified;
f as to the consequences of a failure to comply with any rule made by virtue of sub-paragraph (e);
g as to the procedure to be followed when the application is subject to the concurrent jurisdiction of the OFT and a regulator.

Provisional decisions

3Rules may make provision as to the procedure to be followed by the OFT when making a provisional decision under paragraph 3 of Schedule 5 or paragraph 3 of Schedule 6.

Guidance

4Rules may make provision as to—
a the form and manner in which guidance is to be given;
b the procedure to be followed if—
i the OFT takes further action with respect to an agreement after giving guidance that it is not likely to infringe the Chapter I prohibition; or
ii the OFT takes further action with respect to conduct after giving guidance that it is not likely to infringe the Chapter II prohibition.

Decisions

5
1 Rules may make provision as to—
a the form and manner in which notice of any decision is to be given;
b the person or persons to whom the notice is to be given;
c the manner in which the CMA is to publish a decision;
d the procedure to be followed if—
i the CMA takes further action with respect to an agreement after having decided that it does not infringe the Chapter I prohibition; or
F563ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii the CMA takes further action with respect to conduct after having decided that it does not infringe the Chapter II prohibition; F564...
F564iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In this paragraph “decision” means a decision of the CMA —
a as to whether or not an agreement has infringed the Chapter I prohibition; or
F566b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c as to whether or not conduct has infringed the Chapter II prohibition; or
F567d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Individual exemptions

6Rules may make provision as to—
a the procedure to be followed by the OFT when deciding whether, in accordance with section 5—
i to cancel an individual exemption that it has granted,
ii to vary or remove any of its conditions or obligations, or
iii to impose additional conditions or obligations;
b the form and manner in which notice of such a decision is to be given.
7Rules may make provision as to—
a the form and manner in which an application under section 4(6) for the extension of an individual exemption is to be made;
b the circumstances in which the OFT will consider such an application;
c the procedure to be followed by the OFT when deciding whether to grant such an application;
d the form and manner in which notice of such a decision is to be given.

Block exemptions

8Rules may make provision as to—
a the procedure to be followed by the CMA if it cancels a block exemption;
F568b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assimilated exemptions

9Rules may make provision as to—
a the circumstances in which the CMA may—
i impose conditions or obligations in relation to an assimilated exemption,
ii vary or remove any such conditions or obligations,
iii impose additional conditions or obligations, or
iv cancel the exemption;
b as to the procedure to be followed by the CMA if it is acting under section 10(5);
c the form and manner in which notice of a decision to take any of the steps in sub-paragraph (a) is to be given;
d the circumstances in which an exemption may be cancelled with retrospective effect.

F465...

F46510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions withdrawing exclusions

11Rules may make provision as to the factors which the CMA may take into account when it is determining the date on which a direction given under paragraph 4(1) of Schedule 1 or paragraph 2(3) or 9(3) of Schedule 3 is to have effect.

Disclosure of information

12
1 Rules may make provision as to the circumstances in which the CMA is to be required, before disclosing information given to it by a third party in connection with the exercise of any of the CMA's functions under Part I, to give notice, and an opportunity to make representations, to the third party.
2 In relation to the agreement (or conduct) concerned, “third party” means a person who is not a party to the agreement (or who has not engaged in the conduct).

Applications under section 47

13Rules may make provision as to—
a the period within which an application under section 47(1) must be made;
b the procedure to be followed by the CMA in dealing with the application;
c the person or persons to whom notice of the CMA's response to the application is to be given.

Oral hearings: procedure

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.

Procedural complaints

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.

Settling cases

13CRules 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.

Enforcement

14Rules may make provision as to the procedure to be followed when the CMA takes action under any of sections 32 to 40 with respect to the enforcement of the provisions of this Part.

SCHEDULE 10 

Regulators

Sections 54 and 66(5).

Part I  Monopolies

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II  The Prohibitions

Telecommunications

I102
F1541 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1542 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1543 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1544 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1545 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1546 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1558 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1569 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas

I113
1 In consequence of the repeal by this Act of provisions of the M20Competition Act 1980, the functions transferred by subsection (3) of section 36A of the M21Gas Act 1986 (functions with respect to competition) are no longer exercisable by the Director General of Gas Supply.
2 Accordingly, that Act is amended as follows.
F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Section 36A is amended as follows.
5 For subsection (3) substitute—
F1146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In subsection (6), omit “or (3)”.
8 In subsection (7), for paragraph (b) substitute—
.
F1159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electricity

I124
1 In consequence of the repeal by this Act of provisions of the M22Competition Act 1980, the functions transferred by subsection (3) of section 43 of the M23Electricity Act 1989 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply.
2 Accordingly, that Act is amended as follows.
F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Section 43 is amended as follows.
5 For subsection (3) substitute—
F1166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In subsection (5), omit “or (3)”.
8 In subsection (6), for paragraph (b) substitute—
.
F1179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Water

I135
1 In consequence of the repeal by this Act of provisions of the M24Competition Act 1980, the functions exercisable by virtue of subsection (3) of section 31 of the M25Water Industry Act 1991 (functions of Director with respect to competition) are no longer exercisable by the Director General of Water Services.
2 Accordingly, that Act is amended as follows.
F2593 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In section 2, after subsection (6), insert—
5 Section 31 is amended as follows.
6 For subsection (3) substitute—
F1187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 After subsection (4), insert—
F1199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11910 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 In subsection (7), omit “or (3)”.
12 In subsection (8), for paragraph (b) substitute—
.
F12013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Railways

I146
1 In consequence of the repeal by this Act of provisions of the M26Competition Act 1980, the functions transferred by subsection (3) of section 67 of the M27Railways Act 1993 (respective functions of the Regulator and the Director etc) are no longer exercisable by the Rail Regulator.
2 Accordingly, that Act is amended as follows.
3 In section 4 (general duties of the Secretary of State and the Regulator), after subsection (7), insert—
4 Section 67 is amended as follows.
5 For subsection (3) substitute—
F1216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In subsection (6)(a), omit “or (3)”.
8 In subsection (8), for paragraph (b) substitute—
.
F1229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III  The Prohibitions: Northern Ireland

Electricity

I157
1 In consequence of the repeal by this Act of provisions of the M28Competition Act 1980, the functions transferred by paragraph (3) of Article 46 of the M29Electricity (Northern Ireland) Order 1992 (functions with respect to competition) are no longer exercisable by the Director General of Electricity Supply for Northern Ireland.
2 Accordingly, that Order is amended as follows.
3 In Article 6 (general duties of the Director), after paragraph (2), add—
4 Article 46 is amended as follows.
5 For paragraph (3) substitute—
F1236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In paragraph (5), omit “or (3)”.
8 In paragraph (6), for sub-paragraph (b) substitute—
.
F1249 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gas

I168
1 In consequence of the repeal by this Act of provisions of the M30Competition Act 1980, the functions transferred by paragraph (3) of Article 23 of the M31Gas (Northern Ireland) Order 1996 (functions with respect to competition) are no longer exercisable by the Director General of Gas for Northern Ireland.
2 Accordingly, that Order is amended as follows.
3 In Article 5 (general duties of the Department and Director), after paragraph (4), insert—
4 Article 23 is amended as follows.
5 For paragraph (3) substitute—
F1256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In paragraph (5), omit “or (3)”.
8 In paragraph (6), for sub-paragraph (b) substitute—
.
F1269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12611 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV  Utilities: Minor and Consequential Amendments

The Telecommunications Act 1984 (c.12)

I179
1 The Telecommunications Act 1984 is amended as follows.
F1572 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1573 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1574 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1275 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1586 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 101(3) (general restrictions on disclosure of information)—
a omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the M32Resale Prices Act 1976);
b after paragraph (m), insert—
.
8 At the end of section 101, insert—

The Gas Act 1986 (c.44)

I1810
1 The Gas Act 1986 is amended as follows.
F1292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 25, omit subsection (2) (which falls with the repeal of the M33Restrictive Trade Practices Act 1976).
F1284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In section 28 (orders for securing compliance with certain provisions), in subsection (5), after paragraph (aa), omit “or” and after paragraph (b), insert
6 In section 42(3) (general restrictions on disclosure of information)—
a omit paragraphs (e) and (f) (which refer to the Restrictive Trade Practices Act 1976 and the M34Resale Prices Act 1976);
b after paragraph (n), insert—
.
7 At the end of section 42, insert—

The Water Act 1989 (c.15)

I1911In section 174(3) of the Water Act 1989 (general restrictions on disclosure of information)—
a omit paragraphs (d) and (e) (which refer to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976);
b after paragraph (l), insert—
.

The Electricity Act 1989 (c.29)

I2012
1 The Electricity Act 1989 is amended as follows.
2 In section 12 (modification references to Competition Commission), for subsections (8) and (9) substitute—
3 In section 13, omit subsection (2) (which falls with the repeal of the M35Restrictive Trade Practices Act 1976).
F1304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In section 25 (orders for securing compliance), in subsection (5), after paragraph (b), omit “or” and after paragraph (c), insert
F1316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In section 57(3) (general restrictions on disclosure of information)—
a omit paragraphs (d) and (e) (which refer to the M36Restrictive Trade Practices Act 1976 and the M37Resale Prices Act 1976);
b after paragraph (no), insert—
.
8 At the end of section 57, insert—

The Water Industry Act 1991 (c.56)

I2113
1 The Water Industry Act 1991 is amended as follows.
2 In section 12(5) (determinations under conditions of appointment)—
a after “this Act”, insert “ or ”;
b omit “or the 1980 Act”.
3 In section 14 (modification references to Competition Commission), for subsections (7) and (8) substitute—
4 In section 15, omit subsection (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).
5 In section 17 (modification by order under other enactments)—
a in subsection (1), omit paragraph (b) and the “or” immediately before it;
b in subsection (2)—
i after paragraph (a), insert “ or ”;
ii omit paragraph (c) and the “or” immediately before it;
c in subsection (4), omit “or the 1980 Act”.
6 In section 19 (exceptions to duty to enforce), after subsection (1), insert—
7 In section 19(3), after “subsection (1) above”, insert “ or, in the case of the Director, is satisfied as mentioned in subsection (1A) above, ”.
F1328 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 After section 206(9) (restriction on disclosure of information), insert—
10 In Schedule 15 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—
a omit the entries relating to the M38Restrictive Trade Practices Act 1976 and the M39Resale Prices Act 1976;
b after the entry relating to the M40Railways Act 1993, insert the entry— “ The Competition Act 1998 ”.

The Water Resources Act 1991 (c.57)

I2214In Schedule 24 to the Water Resources Act 1991 (disclosure of information), in Part II (enactments in respect of which disclosure may be made)—
a omit the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976;
b after the entry relating to the M41Coal Industry Act 1994, insert the entry— “ The Competition Act 1998 ”.

The Railways Act 1993 (c.43)

I2315
1 The Railways Act 1993 is amended as follows.
F1342 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 14, omit subsection (2) (which falls with the repeal of the M42Restrictive Trade Practices Act 1976).
F1334 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In section 22, after subsection (6), insert—
6 In section 55 (orders for securing compliance), after subsection (5), insert—
7 In section 55—
F3a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in subsection (11), for “subsection (10)” substitute “ subsections (5A) and (10) ”.
8 Omit section 131 (modification of Restrictive Trade Practices Act 1976).
9 In section 145(3) (general restrictions on disclosure of information)—
a omit paragraphs (d) and (e) (which refer to the M43Restrictive Trade Practices Act 1976 and the M44Resale Prices Act 1976);
b after paragraph (q), insert—
10 After section 145(6), insert—

Part V  Minor and Consequential Amendments: Northern Ireland

The Electricity (Northern Ireland) Order 1992

I2417
1 The M46Electricity (Northern Ireland) Order 1992 is amended as follows.
2 In Article 15 (modification references to Competition Commission), for paragraphs (8) and (9) substitute—
3 In Article 16, omit paragraph (2) (which falls with the repeal of the M47Restrictive Trade Practices Act 1976).
4 In Article 18 (modification by order under other statutory provisions)—
a in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;
b in paragraph (2)—
i after sub-paragraph (a), insert “ or ”;
ii omit sub-paragraph (c) and the “or” immediately before it;
c in paragraph (3), omit “or the 1980 Act”.
5 In Article 28 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert
F1356 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In Article 61(3) (general restrictions on disclosure of information)—
a omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the M48Resale Prices Act 1976);
b after sub-paragraph (t), add—
.
8 At the end of Article 61, insert—
9 In Schedule 12, omit paragraph 16 (which amends the M49Restrictive Trade Practices Act 1976).

The Gas (Northern Ireland) Order 1996

I2518
1 The M50Gas (Northern Ireland) Order 1996 is amended as follows.
F1362 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In Article 16, omit paragraph (2) (which falls with the repeal of the Restrictive Trade Practices Act 1976).
4 In Article 18 (modification by order under other statutory provisions)—
a in paragraph (1), omit sub-paragraph (b) and the “or” immediately before it;
b in paragraph (3)—
i after sub-paragraph (a), insert “ or ”;
ii omit sub-paragraph (c) and the “or” immediately before it;
c in paragraph (5), omit “or the 1980 Act”.
5 In Article 19 (orders for securing compliance), in paragraph (5), after sub-paragraph (b), omit “or” and after sub-paragraph (c), insert
6 In Article 44(4) (general restrictions on disclosure of information)—
a omit sub-paragraphs (f) and (g) (which refer to the Restrictive Trade Practices Act 1976 and the M51Resale Prices Act 1976);
b after sub-paragraph (u), add—
.
7 At the end of Article 44, insert—

F100SCHEDULE 11 

Interpretation of Section 55

Section 55(4).

F100 Relevant functions

F1001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100 Designated persons

F1002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 

Minor and Consequential Amendments

Section 74(1).

The Fair Trading Act 1973 (c.41)

I261
1 The Fair Trading Act 1973 is amended as follows.
2 Omit section 4 and Schedule 3 (which make provision in respect of the Monopolies and Mergers Commission).
3 Omit—
a section 10(2),
b section 54(5),
c section 78(3),
d paragraph 3(1) and (2) of Schedule 8,
(which fall with the repeal of the M52Restrictive Trade Practices Act 1976).
F1394 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1395 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1396 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1397 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Omit section 45 (power of the Director to require information about complex monopoly situations).
F1389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16311 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13714 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 In section 135(1) (financial provisions)—
a in the words before paragraph (a) and in paragraph (b), omit “or the Commission”; and
b omit paragraph (a).

The Energy Act 1976 (c.76)

2In the Energy Act 1976, omit section 5 (temporary relief from restrictive practices law in relation to certain agreements connected with petroleum).

The Estate Agents Act 1979 (c.38)

I273In section 10(3) of the Estate Agents Act 1979 (restriction on disclosure of information), in paragraph (a)—
a omit “or the M53Restrictive Trade Practices Act 1976”; and
b after “the M54Coal Industry Act 1994”, insert “ or the Competition Act 1998 ”.

The Competition Act 1980 (c.21)

I284
1 The Competition Act 1980 is amended as follows.
2 In section 11(8) (public bodies and other persons referred to the Commission), omit paragraph (b) and the “and” immediately before it.
3 For section 11(9) (which makes provision for certain functions of the Competition Commission under the M55Fair Trading Act 1973 to apply in relation to references under the Competition Act 1980) substitute—
4 In section 13 (investigation of prices directed by Secretary of State)—
a in subsection (1), omit from “but the giving” to the end;
b for subsection (6) substitute—
5 In section 15 (special provisions for agricultural schemes) omit subsections (2)(b), (3) and (4).
6 In section 16 (reports), omit subsection (3).
7 In section 17 (publication etc. of reports)—
a in subsections (1) and (3) to (5), omit “8(1)”;
b in subsection (2), omit “8(1) or”; and
c in subsection (6), for “sections 9, 10 or” substitute “ section ”.
8 In section 19(3) (restriction on disclosure of information), omit paragraphs (d) and (e).
9 In section 19(3), after paragraph (q), insert—
.
10 In section 19(5)(a), omit “or in anything published under section 4(2)(a) above”.
11 Omit section 22 (which amends the M57Fair Trading Act 1973).
F14112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Omit sections 25 to 30 (amendments of the M58Restrictive Trade Practices Act 1976).
14 In section 31 (orders and regulations)—
a omit subsection (2); and
b in subsection (3), omit “10”.
15 In section 33 (short title etc)—
F142a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b omit subsections (3) and (4).

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

5In Schedule 6 to the Magistrates’ Courts (Northern Ireland) Order 1981, omit paragraphs 42 and 43 (which amend the Restrictive Trade Practices Act 1976).

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

I296In Schedule 8 to the Agricultural Marketing (Northern Ireland) Order 1982—
a omit the entry relating to paragraph 16(2) of Schedule 3 to the M59Fair Trading Act 1973; and
b in the entry relating to the M60Competition Act 1980—
i for “sections” substitute “ section ”;
ii omit “and 15(3)”.

The Airports Act 1986 (c.31)

F1437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F269...

8In Schedule 11 to the Financial Services Act 1986, in paragraph 12—
a in sub-paragraph (1), omit “126”;
b omit sub-paragraph (2).

The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986 (S.I. 1986/1035 (N.I. 9))

9In Part II of Schedule 1 to the M61Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986, omit the entries relating to the M62Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.

The Consumer Protection Act 1987 (c.43)

I3010In section 38(3) of the Consumer Protection Act 1987 (restrictions on disclosure of information)—
a omit paragraphs (e) and (f); and
b after paragraph (o), insert—

The Channel Tunnel Act 1987 (c.53)

F14411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Road Traffic (Consequential Provisions) Act 1988 (c.54)

12In Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (consequential amendments), omit paragraph 19.

The Companies Act 1989 (c.40)

13In Schedule 20 to the Companies Act 1989 (amendments about mergers and related matters), omit paragraphs 21 to 24.

The Broadcasting Act 1990 (c.42)

F14514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Tribunals and Inquiries Act 1992 (c.53)

15In Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under the supervision of the Council on Tribunals), after paragraph 9, insert—

The Osteopaths Act 1993 (c.21)

F14616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chiropractors Act 1994 (c.17)

F14717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Coal Industry Act 1994 (c.21)

I3118In section 59(4) of the Coal Industry Act 1994 (information to be kept confidential by the Coal Authority)—
a omit paragraphs (e) and (f); and
b after paragraph (m), insert—

The Deregulation and Contracting Out Act 1994 (c.40)

19
1 The Deregulation and Contracting Out Act 1994 is amended as follows.
2 Omit—
a section 10 (restrictive trade practices: non-notifiable agreements); and
b section 11 (registration of commercially sensitive information).
3 In section 12 (anti-competitive practices: competition references), omit subsections (1) to (6).
4 In Schedule 4, omit paragraph 1.
5 In Schedule 11 (miscellaneous deregulatory provisions: consequential amendments), in paragraph 4, omit sub-paragraphs (3) to (7).

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

F14820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Broadcasting Act 1996 (c.55)

21In section 77 of the Broadcasting Act 1996 (which modifies the Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision), omit subsection (2).

SCHEDULE 13 

Transitional Provisions and Savings

Section 74(2).

Part I  General

Interpretation

1
1 In this Schedule—
  • “RPA” means the M63Resale Prices Act 1976;
  • “RTPA” means the Restrictive Trade Practices Act 1976;
  • “continuing proceedings” has the meaning given by paragraph 15;
  • “the Court” means the Restrictive Practices Court;
  • “Director” means the Director General of Fair Trading;
  • “document” includes information recorded in any form;
  • “enactment date” means the date on which this Act is passed;
  • “information” includes estimates and forecasts;
  • “interim period” means the period beginning on the enactment date and ending immediately before the starting date;
  • “prescribed” means prescribed by an order made by the Secretary of State;
  • “regulator” means any person mentioned in paragraphs (a) to (g) of paragraph 1 of Schedule 10 and the Civil Aviation Authority;
  • “starting date” means the date on which section 2 comes into force;
  • “transitional period” means the transitional period provided for in Chapters III and IV of Part IV of this Schedule.
2 Sections 30, 44, 51, 53, 55, 56, 57 and 59(3) and (4) and paragraph 12 of Schedule 9 (“the applied provisions”) apply for the purposes of this Schedule as they apply for the purposes of Part I of this Act.
3 Section 2(5) applies for the purposes of any provisions of this Schedule which are concerned with the operation of the Chapter I prohibition as it applies for the purposes of Part I of this Act.
4 In relation to any of the matters in respect of which a regulator may exercise powers as a result of paragraph 35(1), the applied provisions are to have effect as if references to the Director included references to the regulator.
5 The fact that to a limited extent the Chapter I prohibition does not apply to an agreement, because a transitional period is provided by virtue of this Schedule, does not require those provisions of the agreement in respect of which there is a transitional period to be disregarded when considering whether the agreement infringes the prohibition for other reasons.

General power to make transitional provision and savings

2
1 Nothing in this Schedule affects the power of the Secretary of State under section 75 to make transitional provisions or savings.
2 An order under that section may modify any provision made by this Schedule.

Advice and information

C293
1 The Director may publish advice and information explaining provisions of this Schedule to persons who are likely to be affected by them.
2 Any advice or information published by the Director under this paragraph is to be published in such form and manner as he considers appropriate.

Part II  During the Interim Period

Block exemptions

4
1 The Secretary of State may, at any time during the interim period, make one or more orders for the purpose of providing block exemptions which are effective on the starting date.
2 An order under this paragraph has effect as if properly made under section 6.

Certain agreements to be non-notifiable agreements

5An agreement which—
a is made during the interim period, and
b satisfies the conditions set out in paragraphs (a), (c) and (d) of section 27A(1) of the RTPA,
is to be treated as a non-notifiable agreement for the purposes of the RTPA.

Application of RTPA during the interim period

6In relation to agreements made during the interim period—
a the Director is no longer under the duty to take proceedings imposed by section 1(2)(c) of the RTPA but may continue to do so;
b section 21 of that Act has effect as if subsections (1) and (2) were omitted; and
c section 35(1) of that Act has effect as if the words “or within such further time as the Director may, upon application made within that time, allow” were omitted.

Guidance

C307
1 Sub-paragraphs (2) to (4) apply in relation to agreements made during the interim period.
2 An application may be made to the Director in anticipation of the coming into force of section 13 in accordance with directions given by the Director and such an application is to have effect on and after the starting date as if properly made under section 13.
3 The Director may, in response to such an application—
a give guidance in anticipation of the coming into force of section 2; or
b on and after the starting date, give guidance under section 15 as if the application had been properly made under section 13.
4 Any guidance so given is to have effect on and after the starting date as if properly given under section 15.

Part III  On the Starting Date

Applications which fall

8
1 Proceedings in respect of an application which is made to the Court under any of the provisions mentioned in sub-paragraph (2), but which is not determined before the starting date, cease on that date.
2 The provisions are—
a sections 2(2), 35(3), 37(1) and 40(1) of the RTPA and paragraph 5 of Schedule 4 to that Act;
b section 4(1) of the RTPA so far as the application relates to an order under section 2(2) of that Act; and
c section 25(2) of the RPA.
3 The power of the Court to make an order for costs in relation to any proceedings is not affected by anything in this paragraph or by the repeals made by section 1.

Orders and approvals which fall

9
1 An order in force immediately before the starting date under—
a section 2(2), 29(1), 30(1), 33(4), 35(3) or 37(1) of the RTPA; or
b section 25(2) of the RPA,
ceases to have effect on that date.
2 An approval in force immediately before the starting date under section 32 of the RTPA ceases to have effect on that date.

Part IV  On and After the Starting Date

Chapter I  General

Duty of Director to maintain register etc.

I3210
1 This paragraph applies even though the relevant provisions of the RTPA are repealed by this Act.
2 The Director is to continue on and after the starting date to be under the duty imposed by section 1(2)(a) of the RTPA to maintain a register in respect of agreements—
a particulars of which are, on the starting date, entered or filed on the register;
b which fall within sub-paragraph (4);
c which immediately before the starting date are the subject of proceedings under the RTPA which do not cease on that date by virtue of this Schedule; or
d in relation to which a court gives directions to the Director after the starting date in the course of proceedings in which a question arises as to whether an agreement was, before that date—
i one to which the RTPA applied;
ii subject to registration under that Act;
iii a non-notifiable agreement for the purposes of that Act.
3 The Director is to continue on and after the starting date to be under the duties imposed by section 1(2)(a) and (b) of the RTPA of compiling a register of agreements and entering or filing certain particulars in the register, but only in respect of agreements of a kind referred to in paragraph (b), (c) or (d) of sub-paragraph (2).
4 An agreement falls within this sub-paragraph if—
a it is subject to registration under the RTPA but—
i is not a non-notifiable agreement within the meaning of section 27A of the RTPA, or
ii is not one to which paragraph 5 applies;
b particulars of the agreement have been provided to the Director before the starting date; and
c as at the starting date no entry or filing has been made in the register in respect of the agreement.
5 Sections 23 and 27 of the RTPA are to apply after the starting date in respect of the register subject to such modifications, if any, as may be prescribed.
6 In sub-paragraph (2)(d) “court” means—
a the High Court;
b the Court of Appeal;
c the Court of Session;
d the High Court or Court of Appeal in Northern Ireland; or
e the Supreme Court.

RTPA section 3 applications

I3311
1 Even though section 3 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed—
a in relation to a continuing application under that section; or
b so as to allow an application to be made under that section on or after the starting date in respect of a continuing application under section 1(3) of the RTPA.
2 “Continuing application” means an application made, but not determined, before the starting date.

RTPA section 26 applications

I3412
1 Even though section 26 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply, with such modifications (if any) as may be prescribed, in relation to an application which is made under that section, but not determined, before the starting date.
2 If an application under section 26 is determined on or after the starting date, this Schedule has effect in relation to the agreement concerned as if the application had been determined immediately before that date.

Right to bring civil proceedings

13
1 Even though section 35 of the RTPA is repealed by this Act, its provisions (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of section 27ZA or 35(2) of that Act to bring civil proceedings in respect of an agreement (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).
2 Even though section 25 of the RPA is repealed by this Act, the provisions of that section (and so far as necessary that Act) are to continue to apply in respect of a person who, immediately before the starting date, has a right by virtue of subsection (3) of that section to bring civil proceedings (but only so far as that right relates to any period before the starting date or, where there are continuing proceedings, the determination of the proceedings).

Chapter II  Continuing Proceedings

The general rule

14
1 The Chapter I prohibition does not apply to an agreement at any time when the agreement is the subject of continuing proceedings under the RTPA.
2 The Chapter I prohibition does not apply to an agreement relating to goods which are the subject of continuing proceedings under section 16 or 17 of the RPA to the extent to which the agreement consists of exempt provisions.
3 In sub-paragraph (2) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—
a void as a result of section 9(1) of the RPA; or
b unlawful as a result of section 9(2) or 11 of the RPA.
4 If the Chapter I prohibition does not apply to an agreement because of this paragraph, the provisions of, or made under, the RTPA or the RPA are to continue to have effect in relation to the agreement.
5 The repeals made by section 1 do not affect—
a continuing proceedings; or
b proceedings of the kind referred to in paragraph 11 or 12 of this Schedule which are continuing after the starting date.

Meaning of “continuing proceedings”

15
1 For the purposes of this Schedule “continuing proceedings” means proceedings in respect of an application made to the Court under the RTPA or the RPA, but not determined, before the starting date.
2 But proceedings under section 3 or 26 of the RTPA to which paragraph 11 or 12 applies are not continuing proceedings.
3 The question whether (for the purposes of Part III, or this Part, of this Schedule) an application has been determined is to be decided in accordance with sub-paragraphs (4) and (5).
4 If an appeal against the decision on the application is brought, the application is not determined until—
a the appeal is disposed of or withdrawn; or
b if as a result of the appeal the case is referred back to the Court—
i the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or
ii if later, the date on which the further appeal is disposed of or withdrawn.
5 Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.

RTPA section 4 proceedings

16Proceedings on an application for an order under section 4 of the RTPA are also continuing proceedings if—
a leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or
b leave to make an application for an order under that section is granted before the starting date but the application itself is not made before that date.

RPA section 16 or 17 proceedings

17Proceedings on an application for an order under section 16 or 17 of the RPA are also continuing proceedings if—
a leave to make the application is applied for before the starting date but the proceedings in respect of that application for leave are not determined before that date; or
b leave to make an application for an order under section 16 or 17 of the RPA is granted before the starting date, but the application itself is not made before that date.

Continuing proceedings which are discontinued

18
1 On an application made jointly to the Court by all the parties to any continuing proceedings, the Court must, if it is satisfied that the parties wish it to do so, discontinue the proceedings.
2 If, on an application under sub-paragraph (1) or for any other reason, the Court orders the proceedings to be discontinued, this Schedule has effect (subject to paragraphs 21 and 22) from the date on which the proceedings are discontinued as if they had never been instituted.

Chapter III  The Transitional Period

The general rule

I3519
1 Except where this Chapter or Chapter IV provides otherwise, there is a transitional period, beginning on the starting date and lasting for one year, for any agreement made before the starting date.
2 The Chapter I prohibition does not apply to an agreement to the extent to which there is a transitional period for the agreement.
C313 The Secretary of State may by regulations provide for sections 13 to 16 and Schedule 5 to apply with such modifications (if any) as may be specified in the regulations, in respect of applications to the Director about agreements for which there is a transitional period.

Cases for which there is no transitional period

20
1 There is no transitional period for an agreement to the extent to which, immediately before the starting date, it is—
a void under section 2(1) or 35(1)(a) of the RTPA;
b the subject of an order under section 2(2) or 35(3) of the RTPA; or
c unlawful under section 1, 2 or 11 of the RPA or void under section 9 of that Act.
2 There is no transitional period for an agreement to the extent to which, before the starting date, a person has acted unlawfully for the purposes of section 27ZA(2) or (3) of the RTPA in respect of the agreement.
3 There is no transitional period for an agreement to which paragraph 25(4) applies.
4 There is no transitional period for—
a an agreement in respect of which there are continuing proceedings, or
b an agreement relating to goods in respect of which there are continuing proceedings,
to the extent to which the agreement is, when the proceedings are determined, void or unlawful.

Continuing proceedings under the RTPA

21In the case of an agreement which is the subject of continuing proceedings under the RTPA, the transitional period begins—
a if the proceedings are discontinued, on the date of discontinuance;
b otherwise, when the proceedings are determined.

Continuing proceedings under the RPA

22
1 In the case of an agreement relating to goods which are the subject of continuing proceedings under the RPA, the transitional period for the exempt provisions of the agreement begins—
a if the proceedings are discontinued, on the date of discontinuance;
b otherwise, when the proceedings are determined.
2 In sub-paragraph (1) “exempt provisions” has the meaning given by paragraph 14(3).

Provisions not contrary to public interest

23
1 To the extent to which an agreement contains provisions which, immediately before the starting date, are provisions which the Court has found not to be contrary to the public interest, the transitional period lasts for five years.
2 Sub-paragraph (1) is subject to paragraph 20(4).
3 To the extent to which an agreement which on the starting date is the subject of continuing proceedings is, when the proceedings are determined, found by the Court not to be contrary to the public interest, the transitional period lasts for five years.

Goods

24
1 In the case of an agreement relating to goods which, immediately before the starting date, are exempt under section 14 of the RPA, there is a transitional period for the agreement to the extent to which it consists of exempt provisions.
2 Sub-paragraph (1) is subject to paragraph 20(4).
3 In the case of an agreement relating to goods—
a which on the starting date are the subject of continuing proceedings, and
b which, when the proceedings are determined, are found to be exempt under section 14 of the RPA,
there is a transitional period for the agreement, to the extent to which it consists of exempt provisions.
4 In each case, the transitional period lasts for five years.
5 In sub-paragraphs (1) and (3) “exempt provisions” means those provisions of the agreement which would, disregarding section 14 of the RPA, be—
a void as a result of section 9(1) of the RPA; or
b unlawful as a result of section 9(2) or 11 of the RPA.

Transitional period for certain agreements

25
1 This paragraph applies to agreements—
a which are subject to registration under the RTPA but which—
i are not non-notifiable agreements within the meaning of section 27A of the RTPA, or
ii are not agreements to which paragraph 5 applies; and
b in respect of which the time for furnishing relevant particulars as required by or under the RTPA expires on or after the starting date.
2 “Relevant particulars” means—
a particulars which are required to be furnished by virtue of section 24 of the RTPA; or
b particulars of any variation of an agreement which are required to be furnished by virtue of sections 24 and 27 of the RTPA.
3 There is a transitional period of one year for an agreement to which this paragraph applies if—
a relevant particulars are furnished before the starting date; and
b no person has acted unlawfully (for the purposes of section 27ZA(2) or (3) of the RTPA) in respect of the agreement.
4 If relevant particulars are not furnished by the starting date, section 35(1)(a) of the RTPA does not apply in relation to the agreement (unless sub-paragraph (5) applies).
5 This sub-paragraph applies if a person falling within section 27ZA(2) or (3) of the RTPA has acted unlawfully for the purposes of those subsections in respect of the agreement.

Special cases

26
1 In the case of an agreement in respect of which—
F271a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b a direction under section 194A(3) of the M64Broadcasting Act 1990 (“the 1990 Act”) is in force immediately before the starting date,
the transitional period lasts for five years.
F2722 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Sub-paragraphs (1) F273... do not affect the power of—
F274a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the Secretary of State to make a declaration under section 194A of the 1990 Act (as amended by Schedule 2 to this Act),
in respect of an agreement for which there is a transitional period.

Chapter IV  The Utilities

General

27In this Chapter “the relevant period” means the period beginning with the starting date and ending immediately before the fifth anniversary of that date.

Electricity

28
1 For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of a section 100 order, there is a transitional period—
a beginning on the starting date; and
b ending at the end of the relevant period.
2 For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of a section 100 order, there is a transitional period—
a beginning on the date on which the agreement is made; and
b ending at the end of the relevant period.
3 For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of a section 100 order, there is a transitional period—
a beginning on the date on which the variation is made; and
b ending at the end of the relevant period.
4 If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of a section 100 order.
5 But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of a section 100 order, the transitional period ends on the date on which the agreement so ceases.
6 Sub-paragraph (3) is subject to paragraph 20.
7 In this paragraph and paragraph 29—
  • “section 100 order” means an order made under section 100 of the M65Electricity Act 1989; and
expressions which are also used in Part I of the Electricity Act 1989 have the same meaning as in that Part.

Electricity: power to make transitional orders

29
1 There is a transitional period for an agreement (whether made before or after the starting date) relating to the generation, transmission or supply of electricity which—
a is specified, or is of a description specified, in an order (“a transitional order”) made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and
b satisfies such conditions as may be specified in the order.
2 A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.
3 The transitional period for such an agreement ends at the end of the relevant period.
4 But if the agreement—
a ceases to be one to which a transitional order applies, or
b ceases to satisfy one or more of the conditions specified in the transitional order,
the transitional period ends on the date on which the agreement so ceases.
5 Before making a transitional order, the Secretary of State must consult the Director General of Electricity Supply and the Director.
6 The conditions specified in a transitional order may include conditions which refer any matter to the Secretary of State for determination after such consultation as may be so specified.
7 In the application of this paragraph to Northern Ireland, the reference in sub-paragraph (5) to the Director General of Electricity Supply is to be read as a reference to the Director General of Electricity Supply for Northern Ireland.

Gas

30
1 For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of section 62 or a section 62 order, there is a transitional period—
a beginning on the starting date; and
b ending at the end of the relevant period.
2 For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of section 62 or a section 62 order, there is a transitional period—
a beginning on the date on which the agreement is made; and
b ending at the end of the relevant period.
3 For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of section 62 or a section 62 order, there is a transitional period—
a beginning on the date on which the variation is made; and
b ending at the end of the relevant period.
4 If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of section 62 or a section 62 order.
5 But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of section 62 or a section 62 order, the transitional period ends on the date on which the agreement so ceases.
6 Sub-paragraph (3) also applies in relation to a modification which is treated as an agreement made on or after 28th November 1985 by virtue of section 62(4).
7 Sub-paragraph (3) is subject to paragraph 20.
8 In this paragraph and paragraph 31—
  • “section 62” means section 62 of the M66Gas Act 1986;
  • “section 62 order” means an order made under section 62.

Gas: power to make transitional orders

31
1 There is a transitional period for an agreement of a description falling within section 62(2)(a) and (b) or section 62(2A)(a) and (b) which—
a is specified, or is of a description specified, in an order (“a transitional order”) made by the Secretary of State (whether before or after the making of the agreement but before the end of the relevant period); and
b satisfies such conditions as may be specified in the order.
2 A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.
3 The transitional period for such an agreement ends at the end of the relevant period.
4 But if the agreement—
a ceases to be one to which a transitional order applies, or
b ceases to satisfy one or more of the conditions specified in the transitional order,
the transitional period ends on the date when the agreement so ceases.
5 Before making a transitional order, the Secretary of State must consult the Director General of Gas Supply and the Director.
6 The conditions specified in a transitional order may include—
a conditions which are to be satisfied in relation to a time before the coming into force of this paragraph;
b conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Secretary of State, the Director or the Director General of Gas Supply for determination after such consultation as may be so specified.

Gas: Northern Ireland

32
1 For an agreement to which, immediately before the starting date, the RTPA does not apply by virtue of an Article 41 order, there is a transitional period—
a beginning on the starting date; and
b ending at the end of the relevant period.
2 For an agreement which is made at any time after the starting date and to which, had the RTPA not been repealed, that Act would not at the time at which the agreement is made have applied by virtue of an Article 41 order, there is a transitional period—
a beginning on the date on which the agreement is made; and
b ending at the end of the relevant period.
3 For an agreement (whether made before or after the starting date) which, during the relevant period, is varied at any time in such a way that it becomes an agreement which, had the RTPA not been repealed, would at that time have been one to which that Act did not apply by virtue of an Article 41 order, there is a transitional period—
a beginning on the date on which the variation is made; and
b ending at the end of the relevant period.
4 If an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) is varied during the relevant period, the transitional period for the agreement continues if, had the RTPA not been repealed, the agreement would have continued to be one to which that Act did not apply by virtue of an Article 41 order.
5 But if an agreement for which there is a transitional period as a result of sub-paragraph (1), (2) or (3) ceases to be one to which, had it not been repealed, the RTPA would not have applied by virtue of an Article 41 order, the transitional period ends on the date on which the agreement so ceases.
6 Sub-paragraph (3) is subject to paragraph 20.
7 In this paragraph and paragraph 33—
  • “Article 41 order” means an order under Article 41 of the M67Gas (Northern Ireland) Order 1996;
  • “Department” means the Department of Economic Development.

Gas: Northern Ireland – power to make transitional orders

33
1 There is a transitional period for an agreement of a description falling within Article 41(1) which—
a is specified, or is of a description specified, in an order (“a transitional order”) made by the Department (whether before or after the making of the agreement but before the end of the relevant period); and
b satisfies such conditions as may be specified in the order.
2 A transitional order may make provision as to when the transitional period in respect of such an agreement is to start or to be deemed to have started.
3 The transitional period for such an agreement ends at the end of the relevant period.
4 But if the agreement—
a ceases to be one to which a transitional order applies, or
b ceases to satisfy one or more of the conditions specified in the transitional order,
the transitional period ends on the date when the agreement so ceases.
5 Before making a transitional order, the Department must consult the Director General of Gas for Northern Ireland and the Director.
6 The conditions specified in a transitional order may include conditions which refer any matter (which may be the general question whether the Chapter I prohibition should apply to a particular agreement) to the Department for determination after such consultation as may be so specified.

Railways

34
1 In this paragraph—
  • “section 131” means section 131 of the M68Railways Act 1993 (“the 1993 Act”);
  • “section 131 agreement” means an agreement—
    1. to which the RTPA does not apply immediately before the starting date by virtue of section 131(1); or
    2. in respect of which a direction under section 131(3) is in force immediately before that date;
  • “non-exempt agreement” means an agreement relating to the provision of railway services (whether made before or after the starting date) which is not a section 131 agreement; and
  • “railway services” has the meaning given by section 82 of the 1993 Act.
2 For a section 131 agreement there is a transitional period of five years.
3 There is a transitional period for a non-exempt agreement to the extent to which the agreement is at any time before the end of the relevant period required or approved—
a by the Secretary of State or the Rail Regulator in pursuance of any function assigned or transferred to him under or by virtue of any provision of the 1993 Act;
b by or under any agreement the making of which is required or approved by the Secretary of State or the Rail Regulator in the exercise of any such function; or
c by or under a licence granted under Part I of the 1993 Act.
4 The transitional period conferred by sub-paragraph (3)—
a is to be taken to have begun on the starting date; and
b ends at the end of the relevant period.
5 Sub-paragraph (3) is subject to paragraph 20.
6 Any variation of a section 131 agreement on or after the starting date is to be treated, for the purposes of this paragraph, as a separate non-exempt agreement.

The regulators

35
1 Subject to sub-paragraph (3), each of the regulators may exercise, in respect of sectoral matters and concurrently with the Director, the functions of the Director under paragraph 3, 7, 19(3), 36, 37, 38 or 39.
2 In sub-paragraph (1) “sectoral matters” means—
F159a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b in the case of the Director General of Gas Supply, the matters referred to in section 36A(3) and (4) of the M69Gas Act 1986;
c in the case of the Director General of Electricity Supply, the matters referred to in section 43(3) of the M70Electricity Act 1989;
d in the case of the Director General of Electricity Supply for Northern Ireland, the matters referred to in Article 46(3) of the M71Electricity (Northern Ireland) Order 1992;
e in the case of the Water Services Regulation Authority, the matters referred to in section 31(3) of the M72Water Industry Act 1991;
f in the case of the Rail Regulator, the matters referred to in section 67(3) of the M73Railways Act 1993;
g in the case of the Director General of Gas for Northern Ireland, the matters referred to in Article 23(3) of the M74Gas (Northern Ireland) Order 1996.
h in the case of the Civil Aviation Authority, the supply of air traffic services within the meaning given by section 98 of the Transport Act 2000.
3 The power to give directions in paragraph 7(2) is exercisable by the Director only but if the Director is preparing directions which relate to a matter in respect of which a regulator exercises concurrent jurisdiction, he must consult that regulator.
4 Consultations conducted by the Director before the enactment date, with a view to preparing directions which have effect on or after that date, are to be taken to satisfy sub-paragraph (3).
5 References to enactments in sub-paragraph (2) are to the enactments as amended by or under this Act.

Chapter V  Extending the transitional period

C3236
1 A party to an agreement for which there is a transitional period may apply to the Director, not less than three months before the end of the period, for the period to be extended.
2 The Director may (on his own initiative or on an application under sub-paragraph (1))—
a extend a one-year transitional period by not more than twelve months;
b extend a transitional period of any period other than one year by not more than six months.
3 An application under sub-paragraph (1) must—
a be in such form as may be specified; and
b include such documents and information as may be specified.
4 If the Director extends the transitional period under this paragraph, he must give notice in such form, and to such persons, as may be specified.
5 The Director may not extend a transitional period more than once.
6 In this paragraph—
  • “person” has the same meaning as in Part I; and
  • “specified” means specified in rules made by the Director under section 51.

Chapter VI  Terminating the Transitional Period

General

C3237
1 Subject to sub-paragraph (2), the Director may by a direction in writing terminate the transitional period for an agreement, but only in accordance with paragraph 38.
2 The Director may not terminate the transitional period, nor exercise any of the powers in paragraph 38, in respect of an agreement which is excluded from the Chapter I prohibition by virtue of any of the provisions of Part I of this Act other than paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3 or the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000.

Circumstances in which the Director may terminate the transitional period

C3238
1 If the Director is considering whether to give a direction under paragraph 37 (“a direction”), he may in writing require any party to the agreement concerned to give him such information in connection with that agreement as he may require.
2 If at the end of such period as may be specified in rules made under section 51, a person has failed, without reasonable excuse, to comply with a requirement imposed under sub-paragraph (1), the Director may give a direction.
3 The Director may also give a direction if he considers—
a that the agreement would, but for the transitional period or a relevant exclusion, infringe the Chapter I prohibition; and
b that he would not be likely to grant the agreement an unconditional individual exemption.
4 For the purposes of sub-paragraph (3) an individual exemption is unconditional if no conditions or obligations are imposed in respect of it under section 4(3)(a).
5 In this paragraph—
  • “person” has the same meaning as in Part I;
  • “relevant exclusion” means an exclusion under paragraph 1 of Schedule 1 or paragraph 2 or 9 of Schedule 3 or the Competition Act 1998 (Land and Vertical Agreements Exclusion) Order 2000.

Procedural requirements on giving a paragraph 37 direction

C3239
1 The Director must specify in a direction under paragraph 37 (“a direction”) the date on which it is to have effect (which must not be less than 28 days after the direction is given).
2 Copies of the direction must be given to—
a each of the parties concerned, and
b the Secretary of State,
not less than 28 days before the date on which the direction is to have effect.
3 In relation to an agreement to which a direction applies, the transitional period (if it has not already ended) ends on the date specified in the direction unless, before that date, the direction is revoked by the Director or the Secretary of State.
4 If a direction is revoked, the Director may give a further direction in respect of the same agreement only if he is satisfied that there has been a material change of circumstance since the revocation.
5 If, as a result of paragraph 24(1) or (3), there is a transitional period in respect of provisions of an agreement relating to goods—
a which immediately before the starting date are exempt under section 14 of the RPA, or
b which, when continuing proceedings are determined, are found to be exempt under section 14 of the RPA,
the period is not affected by paragraph 37 or 38.

Part V  The Fair Trading Act 1973

References to the Monopolies and Mergers Commission

40
1 If, on the date on which the repeal by this Act of a provision mentioned in sub-paragraph (2) comes into force, the Monopolies and Mergers Commission has not completed a reference which was made to it before that date, continued consideration of the reference may include consideration of a question which could not have been considered if the provision had not been repealed.
2 The provisions are—
a sections 10(2), 54(5) and 78(3) and paragraph 3(1) and (2) of Schedule 8 to the Fair Trading Act 1973 (c. 41);
b section 11(8)(b) of the Competition Act 1980 (c. 21);
c section 14(2) of the Telecommunications Act 1984 (c. 12);
d section 45(3) of the Airports Act 1986 (c. 31);
e section 25(2) of the Gas Act 1986 (c. 44);
f section 13(2) of the Electricity Act 1989 (c. 29);
g section 15(2) of the Water Industry Act 1991 (c. 56);
h article 16(2) of the M75Electricity (Northern Ireland) Order 1992;
i section 14(2) of the Railways Act 1993 (c. 43);
j article 36(3) of the M76Airports (Northern Ireland) Order 1994;
k article 16(2) of the M77Gas (Northern Ireland) Order 1996.

Orders under Schedule 8

41
1 In this paragraph—
  • “the 1973 Act” means the M78Fair Trading Act 1973;
  • “agreement” means an agreement entered into before the date on which the repeal of the limiting provisions comes into force;
  • “the order” means an order under section 56 or 73 of the 1973 Act;
  • “the limiting provisions” means sub-paragraph (1) or (2) of paragraph 3 of Schedule 8 to the 1973 Act (limit on power to make orders under paragraph 1 or 2 of that Schedule) and includes any provision of the order included because of either of those sub-paragraphs; and
  • “transitional period” means the period which—
    1. begins on the day on which the repeal of the limiting provisions comes into force; and
    2. ends on the first anniversary of the starting date.
2 Sub-paragraph (3) applies to any agreement to the extent to which it would have been unlawful (in accordance with the provisions of the order) but for the limiting provisions.
3 As from the end of the transitional period, the order is to have effect in relation to the agreement as if the limiting provisions had never had effect.

Part III of the Act

42
1 The repeals made by section 1 do not affect any proceedings in respect of an application which is made to the Court under Part III of the M79Fair Trading Act 1973, but is not determined, before the starting date.
2 The question whether (for the purposes of sub-paragraph (1)) an application has been determined is to be decided in accordance with sub-paragraphs (3) and (4).
3 If an appeal against the decision on the application is brought, the application is not determined until—
a the appeal is disposed of or withdrawn; or
b if as a result of the appeal the case is referred back to the Court—
i the expiry of the period within which an appeal (“the further appeal”) in respect of the Court’s decision on that reference could have been brought had this Act not been passed; or
ii if later, the date on which the further appeal is disposed of or withdrawn.
4 Otherwise, the application is not determined until the expiry of the period within which any party to the application would have been able to bring an appeal against the decision on the application had this Act not been passed.
5 Any amendment made by Schedule 12 to this Act which substitutes references to a relevant Court for references to the Court is not to affect proceedings of the kind referred to in sub-paragraph (1).

Part VI  The Competition Act 1980

Undertakings

43
1 Subject to sub-paragraph (2), an undertaking accepted by the Director under section 4 or 9 of the M80Competition Act 1980 ceases to have effect on the coming into force of the repeal by this Act of that section.
2 If the undertaking relates to an agreement which on the starting date is the subject of continuing proceedings, the undertaking continues to have effect for the purposes of section 29 of the Competition Act 1980 until the proceedings are determined.

Application of sections 25 and 26

44The repeals made by section 1 do not affect—
a the operation of section 25 of the Competition Act 1980 in relation to an application under section 1(3) of the RTPA which is made before the starting date;
b an application under section 26 of the Competition Act 1980 which is made before the starting date.

Part VII  Miscellaneous

Disclosure of information

45
1 Section 55 of this Act applies in relation to information which, immediately before the starting date, is subject to section 41 of the RTPA as it applies in relation to information obtained under or as a result of Part I.
2 But section 55 does not apply to any disclosure of information of the kind referred to in sub-paragraph (1) if the disclosure is made—
a for the purpose of facilitating the performance of functions of a designated person under the M81Control of Misleading Advertisements Regulations 1988; or
b for the purposes of any proceedings before the Court or of any other legal proceedings under the RTPA or the M82Fair Trading Act 1973 or the Control of Misleading Advertisements Regulations 1988.
3 Section 56 applies in relation to information of the kind referred to in sub-paragraph (1) if particulars containing the information have been entered or filed on the special section of the register maintained by the Director under, or as a result of, section 27 of the RTPA or paragraph 10 of this Schedule.
4 Section 55 has effect, in relation to the matters as to which section 41(2) of the RTPA had effect, as if it contained a provision similar to section 41(2).

The Court

46If it appears to the Lord Chancellor that a person who ceases to be a non-judicial member of the Court as a result of this Act should receive compensation for loss of office, he may pay to him out of moneys provided by Parliament such sum as he may with the approval of the Treasury determine.

SCHEDULE 14 

Repeals and Revocations

Section 74(3).

I36I40 Part I  Repeals

ChapterShort titleExtent of repeal
1973 c. 41.The Fair Trading Act 1973.Section 4.
Section 10(2).
Section 45.
Section 54(5).
Section 78(3).
In section 81(1), in the words before paragraph (a), from “and the Commission” to “of this Act)”; in paragraph (b), “or the Commission, as the case may be” and “or of the Commission”; in subsection (2), “or the Commission” and “or of the Commission” and in subsection (3), from “and, in the case,” to “85 of this Act”, and “or the Commission, as the case may be,”.
In section 83, in subsection (1) “Subject to subsection (1A) below” and subsection (1A).
In section 135(1), in the words before paragraph (a) and in paragraph (b), “or the Commission”, and paragraph (a).
Schedule 3.
In Schedule 8, paragraph 3(1) and (2).
1976 c. 33.The Restrictive Practices Court Act 1976.The whole Act.
1976 c. 34.The Restrictive Trade Practices Act 1976.The whole Act.
1976 c. 53.The Resale Prices Act 1976.The whole Act.
1976 c. 76.The Energy Act 1976.Section 5.
1977 c. 19.The Restrictive Trade Practices Act 1977.The whole Act.
1977 c. 37.The Patents Act 1977.Sections 44 and 45.
1979 c. 38.The Estate Agents Act 1979.In section 10(3), “or the Restrictive Trade Practices Act 1976.”
1980 c. 21.The Competition Act 1980.Sections 2 to 10.
In section 11(8), paragraph (b) and the “and” immediately before it.
In section 13(1), from “but the giving” to the end.
In section 15, subsections (2)(b), (3) and (4).
Section 16(3).
In section 17, “8(1)” in subsections (1) and (3) to (5) and in subsection (2) “8(1) or”.
In section 19(3), paragraph (d).
In section 19(5)(a), “or in anything published under section 4(2)(a) above”.
Section 22.
Sections 25 to 30.
In section 31, subsection (2) and “10” in subsection (3).
Section 33(3) and (4).
1984 c. 12.The Telecommunications Act 1984.Section 14(2).
In section 16(5), the “or” immediately after paragraph (a).
In section 50(4), paragraph (c) and the “and” immediately after it.
In section 50(5), “or (3)”.
In section 50(7), “or the 1980 Act”.
In section 95(1), “or section 10(2)(a) of the 1980 Act”.
In section 95(2), paragraph (c) and the “or” immediately before it.
In section 95(3), “or the 1980 Act”.
In section 101(3), paragraphs (d) and (e).
1986 c. 31.The Airports Act 1986.Section 45(3).
In section 54(1), “or section 10(2)(a) of the 1980 Act”.
In section 54(3), paragraph (c) and the “or” immediately before it.
In section 54(4), “or the 1980 Act”.
In section 56(a)(ii), “or the 1980 Act”.
1986 c. 44.The Gas Act 1986.Section 25(2).
In section 27(1), “or section 10(2)(a) of the Competition Act 1980”.
In section 27(3)(a), from “or” to “competition reference”.
In section 27(6), “or the said Act of 1980”.
In section 28(5), the “or” immediately after paragraph (aa).
In section 36A(5), paragraph (d) and the “and” immediately before it.
In section 36A(6), “or (3)”.
In section 36A(8), “or under the 1980 Act”.
In section 36A(9), “or the 1980 Act”.
In section 42(3), paragraphs (e) and (f).
1986 c. 60.The Financial Services Act 1986.Section 126.
1987 c. 43.The Consumer Protection Act 1987.In section 38(3), paragraphs (e) and (f).
1987 c. 53.The Channel Tunnel Act 1987.In section 33(2), paragraph (c) and the “and” immediately before it.
In section 33(5), paragraphs (b) and (c).
1988 c. 54.The Road Traffic (Consequential Provisions) Act 1988.In Schedule 3, paragraph 19.
1989 c. 15.The Water Act 1989.In section 174(3), paragraphs (d) and (e).
1989 c. 29.The Electricity Act 1989.Section 13(2).
In section 15(1), paragraph (b) and the “or” immediately before it.
In section 15(2), paragraph (c) and the “or” immediately before it.
In section 15(3), “or the 1980 Act”.
In section 25(5), the “or” immediately after paragraph (b).
In section 43(4), paragraph (c) and the “and” immediately after it.
In section 43(5), “or (3)”.
In section 43(7), “or the 1980 Act”.
In section 57(3), paragraphs (d) and (e).
1989 c. 40.The Companies Act 1989.In Schedule 20, paragraphs 21 to 24.
1990 c. 42.The Broadcasting Act 1990.In section 193(2), paragraph (c) and the “and” immediately before it.
In section 193(4), “or the Competition Act 1980”.
1991 c. 56.The Water Industry Act 1991.In section 12(5), “or the 1980 Act”.
Section 15(2).
In section 17(1), paragraph (b) and the “or” immediately before it.
In section 17(2), paragraph (c) and the “or” immediately before it.
In section 17(4), “or the 1980 Act”.
In section 31(4), paragraph (c) and the “and” immediately before it.
In section 31(5), “or in subsection (3) above”.
In section 31(6), “or in subsection (3) above”.
In section 31(7), “or (3)”.
In section 31(9), “or the 1980 Act”.
In Part II of Schedule 15, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
1991 c. 57.The Water Resources Act 1991.In Part II of Schedule 24, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
1993 c. 21.The Osteopaths Act 1993.In section 33(4), paragraph (b) and the “or” immediately before it.
In section 33(5), “or section 10 of the Act of 1980”.
1993 c. 43.The Railways Act 1993.Section 14(2).
In section 16(1), paragraph (b) and the “or” immediately before it.
In section 16(2), paragraph (c) and the “or” immediately before it.
In section 16(5), “or the 1980 Act”.
In section 67(4), paragraph (c) and the “and” immediately after it.
In section 67(6)(a), “or (3)”.
In section 67(9), “or under the 1980 Act”.
Section 131.
In section 145(3), paragraphs (d) and (e).
1994 c. 17.The Chiropractors Act 1994.In section 33(4), paragraph (b) and the “or” immediately before it.
In section 33(5), “or section 10 of the Act of 1980”.
1994 c. 21.The Coal Industry Act 1994.In section 59(4), paragraphs (e) and (f).
1994 c. 40.The Deregulation and Contracting Out Act 1994.Sections 10 and 11.
In section 12, subsections (1) to (6).
In Schedule 4, paragraph 1.
In Schedule 11, in paragraph 4, sub-paragraphs (3) to (6).
1996 c. 55.The Broadcasting Act 1996.Section 77(2).

I37Part II  Revocations

ReferenceTitleExtent of revocation
S.I. 1981/1675 (N.I.26).The Magistrates’ Courts (Northern Ireland) Order 1981.In Schedule 6, paragraphs 42 and 43.
S.I. 1982/1080 (N.I.12).The Agricultural Marketing (Northern Ireland) Order 1982.In Schedule 8, the entry relating to paragraph 16(2) of Schedule 3 to the Fair Trading Act 1973 and in the entry relating to the Competition Act 1980, “and 15(3)”.
S.I. 1986/1035 (N.I.9).The Companies Consolidation (Consequential Provisions)(Northern Ireland) Order 1986.In Part II of Schedule 1, the entries relating to the Restrictive Trade Practices Act 1976 and the Resale Prices Act 1976.
S.I. 1992/231 (N.I.1).The Electricity (Northern Ireland) Order 1992.Article 16(2).
In Article 18—
(a) in paragraph (1), sub-paragraph (b) and the “or” immediately before it;
(b) in paragraph (2), sub-paragraph (c) and the “or” immediately before it;
(c) in paragraph (3) “or the 1980 Act”.
In Article 28(5), the “or” immediately after sub-paragraph (b).
In Article 46—
(a) in paragraph (4), sub-paragraph (c) and the “and” immediately after it;
(b) in paragraph (5), “or (3)”;
(c) in paragraph (7), “or the 1980 Act”.
Article 61(3)(f) and (g).
In Schedule 12, paragraph 16.
S.I. 1994/426 (N.I.1).The Airports (Northern Ireland) Order 1994.Article 36(3).
In Article 45—
(a) in paragraph (1), “or section 10(2)(a) of the 1980 Act”;
(b) in paragraph (3), sub-paragraph (c) and the “or” immediately before it;
(c) in paragraph (4), “or the 1980 Act”.
In Article 47(a)(ii), “or the 1980 Act”.
In Schedule 9, paragraph 5.
S.I. 1996/275 (N.I.2).The Gas (Northern Ireland) Order 1996.Article 16(2).
In Article 18—
(a) in paragraph (1), sub-paragraph (b) and the “or” immediately before it;
(b) in paragraph (3), sub-paragraph (c) and the “or” immediately before it;
(c) in paragraph (5), “or the 1980 Act”.
In Article 19(5), the “or” immediately after sub-paragraph (b).
In Article 23—
(a) in paragraph (4), sub-paragraph (d) and the “and” immediately before it;
(b) in paragraph (5), “or (3)”;
(c) in paragraph (7), “or under the 1980 Act”;
(d) in paragraph (8), “or the 1980 Act”.
Article 44(4)(f) and (g).

Footnotes

  1. I1
    S. 1 partly in force; s. 1 was not in force at Royal Assent, see. s. 76(2)(3); s. 1(b) to (d) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  2. C1
    S. 2(1) excluded (18.6.2001) by 2000 c. 8, ss. 164(1)(2)(4); S.I. 2001/1820, art. 2, Sch.
    S. 2(1) excluded (3.9.2001) by 2000 c. 8, s. 311(9); S.I. 2001/2632, art. 2(2), Sch. Pt. 2
  3. I2
    S. 3 wholly in force; s. 3 not in force at Royal Assent see s. 76(3); s. 3(1)(b) in force for certain purposes at 11.1.1999 and s. 3(1)(a)(c)(d)(2)-(6) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; s. 3(1)(b) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  4. M1
    1973 c. 41.
  5. I3
    S. 12 wholly in force; s. 12 not in force at Royal Assent see s. 76(3); s. 12(3) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; s. 12(1)(2) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  6. C2
    S. 13 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 4
  7. C3
    S. 14 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 5
  8. C4
    S. 15 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 6
  9. C5
    S. 16 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 7
  10. M2
    1980 c. 21.
  11. C6
    S. 18(1) excluded (18.6.2001) by 2000 c. 8, s. 164(3)(5); S.I. 2001/1820, art. 2, Sch.
    s. 18(1) excluded (3.9.2001) by 2000 c. 8, s. 312(2); S.I. 2001/2632, art. 2(2), Sch. Pt. 2
  12. C7
    S. 28(2): powers of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 67
  13. C8
    S. 28(2)(f) modified (prosp.) by 2001 c. 16, ss. 63(2)(h), 138(2)
  14. C9
    S. 28(7) applied (prosp.) by 2001 c. 16, ss. 57(1)(n)(2)(4), 138(2)
  15. I4
    S. 38 wholly in force; s. 38 not in force at Royal Assent see s. 76(3); s. 38(1)-(7) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; s. 38(8)-(10) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  16. C10
    S. 44 applied (18.6.2001) by 2000 c. 8, s. 399; S.I. 2001/1820, art. 2, Sch.
  17. C11
    Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 3
    Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6
  18. C12
    Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule. 3
    Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6
  19. I5
    S. 49 wholly in force; s. 49 not in force at Royal Assent see s. 76(3); s. 49(3) in force at 1.4.1999 by S.I. 1999/505, art. 2 Sch. 2; s. 49(1)(2) and (4) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  20. I6
    S. 54 wholly in force; s. 54 not in force at Royal Assent see s. 76(3); s. 54(2) in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; s. 54(3) in force for certain purposes at 11.1.1999 and s. 54(4)-(7) in force at the same date by S.I. 1998/3166, art. 2, Sch.; s. 54(3) in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; s. 54(1)(2) and (3) wholly in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  21. I7
    S. 59 wholly in force at 11.1.1999; s. 59 not in force at Royal Assent see s. 76(3); s. 59 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; s. 59 in force in so far as not already in force by S.I. 1998/3166, art. 2, Sch.
  22. M3
    1975 c. 26.
  23. M4
    1978 c. 30.
  24. C13
    Pt. 1: certain functions made exercisable concurrently (26.11.1998 for certain purposes and prosp. otherwise) by 1984 c. 12, s. 50(3) (as substituted by 1998 c. 41, s. 66(5), Sch. 10 Pt. II para. 2(6) (with s. 73); S.I. 1998/2750, art. 2)
  25. C14
    Pt. 1 (except ss. 38(1)-(6), 51) amended (1.2.2001) by 2000 c. 38, ss. 86(1)(3), 89 (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1
  26. C15
    Pt. 1 (except ss. 38(1)-(6), 51, 52(6) and (8) and 54) amended (1.2.2001) by 2000 c. 38, s. 86(4)(b)(5) (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1
    Pt. 1 (except ss. 38(1)-(6), 51) amended (1.2.2001) by 2000 c. 38, s. 86(7)(b) (with ss. 105(2)(d)(5), 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. 1
  27. M5
    1973 c. 41.
  28. M6
    1977 c. 37.
  29. M7
    1947 c. 44.
  30. I8
    S. 74 partly in force; s. 74 not in force at Royal Assent see s. 76(3); s. 74 in force for certain purposes at 1.11.1999 by S.I. 1998/3166, art. 2, Sch.; s. 74(1)(3) in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; s. 74 in force for certain purposes at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  31. P1
    S. 76 power partly exercised (9.11.1998): 26.11.1998 appointed for specified provisions by S.I. 1998/2750, art. 2
  32. P2
    S. 76 power partly exercised (16.12.1998): 11.1.1999 appointed for specified provisions by S.I. 1998/3166, art. 2, Sch.
  33. P3
    S. 76 power partly exercised (2.3.1999): 1.4.1999 appointed for specified provisions by S.I. 1999/505, art. 2, Sch. 2
  34. P4
    S. 76 power partly exercised (19.10.1999): 10.11.1999 appointed for specified provisions by S.I. 1999/2859, art. 2
  35. M8
    1973 c. 41.
  36. C16
    Sch. 1 para. 4 applied (1.3.2000) by S.I. 2000/310, art. 7
  37. M9
    1976 c. 34.
  38. M10
    1980 c. 21.
  39. M11
    1976 c. 34.
  40. M12
    1976 c. 34.
  41. M13
    1995 c. 25.
  42. M14
    1976 c. 34.
  43. M15
    1977 c. 19.
  44. M16
    1997 c. 8.
  45. M17
    S.I. 1991/1220 (N.I. 11).
  46. M18
    1990 c. 8.
  47. M19
    1976 c. 34.
  48. C17
    Sch. 5 applied (with modifications) (1.3.2000) by S.I. 2000/263, art. 8
  49. I9
    Sch. 5 partly in force; Sch. 5 not in force at Royal Assent, see s. 431; Sch. 5 partly in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  50. C18
    Sch. 6 paras. 2-2C amended (1.3.2000) by S.I. 2000/947, art. 6
  51. C19
    Sch. 8 para. 2(2) applied (1.3.2000) by S.I. 2000/261, Rule 6
  52. I10
    Sch. 10 para. 2 wholly in force; Sch. 10 para. 2 not in force at Royal Assent see s. 76(3); Sch. 10 para. 2 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 2 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  53. I11
    Sch. 10 para. 3 wholly in force; Sch. 10 para. 3 not in force at Royal Assent see s. 76(3); Sch. 10 para. 3 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 3 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  54. M20
    1980 c. 21.
  55. M21
    1986 c. 44.
  56. F1
    Sch. 10 para. 3(3) repealed (1.10.2001) by 2000 c. 27, ss. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)
  57. I12
    Sch. 10 para. 4 wholly in force; Sch. 10 para. 4 not in force at Royal Assent see s. 76(3); Sch. 10 para. 4 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 4 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  58. M22
    1980 c. 21.
  59. M23
    1989 c. 29.
  60. F2
    Sch. 10 para. 4(3) repealed (1.10.2001) by 2000 c. 27, s. 108, Sch. 8; S.I. 2001/3266, art. 2, Sch. (subject to arts. 3-20)
  61. I13
    Sch. 10 para. 5 wholly in force; Sch. 10 para. 5 not in force at Royal Assent see s. 76(3); Sch. 10 para. 5 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; S.I. 2000/344, art. 2, Sch.
  62. M24
    1980 c. 21.
  63. M25
    1991 c. 56.
  64. I14
    Sch. 10 para. 6 wholly in force; Sch. 10 para. 6 not in force at Royal Assent see s. 76(3); Sch. 10 para. 6 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 6 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  65. M26
    1980 c. 21.
  66. M27
    1993 c. 43.
  67. I15
    Sch. 10 para. 7 wholly in force; Sch. 10 para. 7 not in force at Royal Assent see s. 76(3); Sch. 10 para. 7 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; SCh. 10 para. 7 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  68. M28
    1980 c. 21.
  69. M29
    S.I. 1992/231 (N.I. 1).
  70. I16
    Sch. 10 para. 8 wholly in force; Sch. 10 para. 8 not in force at Royal Assent see s. 76(3); Sch. 10 para. 8 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 8 fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  71. M30
    1980 c. 21.
  72. M31
    S.I. 1996/275 (N.I. 2).
  73. I17
    Sch. 10 para. 9 wholly in force; Sch. 10 para. 9 not in force at Royal Assent see s. 76(3); Sch. 10 para. 9 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 9(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 9(1)(2)(5) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 9(3)(4)(6)(7)(a) and (8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  74. M32
    1976 c. 53.
  75. I18
    Sch. 10 para. 10 wholly in force; Sch. 10 para. 10 not in force at Royal Assent see s. 76(3); Sch. 10 para. 10 in force for certain purposes at 26.11.1998 by S.I. 1998/2750, art. 2; Sch. 10 para. 10(6)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 10(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 10 (3)-(5)(6)(a) and (7) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  76. M33
    1976 c. 34.
  77. M34
    1976 c. 53.
  78. I19
    Sch. 10 para. 11 wholly in force; Sch. 10 para. 11 not in force at Royal Assent see s. 76(3); Sch. 10 para. 11(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 11(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  79. I20
    Sch. 10 para. 12 wholly in force; Sch. 10 para. 12 not in force at Royal Assent see s. 76(3); Sch. 10 para. 12(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 12(1)(2)(6) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 12 (3)-(5)(7)(a) and (8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  80. M35
    1976 c. 34.
  81. M36
    1976 c. 34.
  82. M37
    1976 c. 53.
  83. I21
    Sch. 10 para. 13 wholly in force; Sch. 10 para. 13 not in force at Royal Assent see s. 76(3); Sch. 10 para. 13(10)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 13(1)(3)(8) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 13 (2)(4)-(7)(9) and (10)(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  84. M38
    1976 c. 34.
  85. M39
    1976 c. 53.
  86. M40
    1993 c. 43.
  87. I22
    Sch. 10 para. 14 wholly in force; Sch. 10 para. 14 not in force at Royal Assent see s. 76(3); Sch. 10 para. 14(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 14(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  88. M41
    1994 c. 21.
  89. I23
    Sch. 10 para. 15 wholly in force; Sch. 10 para. 15 not in force at Royal Assent see s. 76(3); Sch. 10 para. 15(9)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 15(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 15(3)-(8), (9)(a) and (10) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  90. M42
    1976 c. 34.
  91. F3
    Sch. 10 para. 15(7)(a) repealed (1.2.2001) by 2000 c. 38, s. 274, Sch. 31 Pt. IV; S.I. 2001/57, art 3(1), Sch. 2 Pt. I
  92. M43
    1976 c. 34.
  93. M44
    1976 c. 53.
  94. M45
    1993 c. 43.
  95. I24
    Sch. 10 para. 17 partly in force; Sch. 10 para. 17 not in force at Royal Assent see s. 76(3); Sch. 10 para. 17(7)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 17(1)(2)(6) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 17(3)-(5)(7)(a)(8) and (9) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  96. M46
    S.I. 1992/231 (N.I. 1).
  97. M47
    1976 c. 34.
  98. M48
    1976 c. 53.
  99. M49
    1976 c. 34.
  100. I25
    Sch. 10 para. 18 partly in force; Sch. 10 para. 18 not in force at Royal Assent see s. 76(3); Sch. 10 para. 18(6)(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 10 para. 18(1)(2) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 10 para. 18(3)-(5)(6)(a) and (7) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  101. M50
    S.I. 1996/275 (N.I. 2).
  102. M51
    1976 c. 53.
  103. I26
    Sch. 12 para. 1 wholly in force; Sch. 12 para. 1 not in force at Royal Assent see s. 76(3); Sch. 12 para. 1(14) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 1(1)(2)(9)-(13)(15) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 1(3)(a)(b)(d) in force at 10.11.1999 by S.I. 1999/2859, art. 2; Sch. 12 para. 1(3)(c)(4)-(8) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  104. M52
    1976 c. 34.
  105. I27
    Sch. 12 para. 3 wholly in force; Sch. 12 para. 3 not in force at Royal Assent see s. 76(3); Sch. 12 para. 3(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 3(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  106. M53
    1976 c. 34.
  107. M54
    1994 c. 21.
  108. I28
    Sch. 12 para. 4 wholly in force; Sch. 12 para. 4 not in force at Royal Assent see s. 76(3); Sch. 12 para. 4(9)(11) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 4(1)(3)(12) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 4(2), (4)-(8)(10)(13)-(15) in force at 1.3.2000 by S.I. 2000/344, art. 2, SCh.
  109. M55
    1973 c. 41.
  110. M56
    1973 c. 41.
  111. M57
    1973 c. 41.
  112. M58
    1976 c. 34.
  113. I29
    Sch. 12 para. 6 wholly in force; Sch. 12 para. 6 not in force at Royal Assent see s. 76(3); Sch. 12 para. 6(a) in force at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 12 para. 6(b) in force at 1.3.2000 by S. I. 2000/344, art. 2, Sch.
  114. M59
    1973 c. 41.
  115. M60
    1980 c. 21.
  116. M61
    1976 c. 34.
  117. M62
    1976 c. 53.
  118. I30
    Sch. 12 para. 10 wholly in force; Sch. 12 para. 10 not in force at Royal Assent see s. 76(3); Sch. 12 para. 10(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 10(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  119. I31
    Sch. 12 para. 18 wholly in force; Sch. 12 para. 18 not in force at Royal Assent see s. 76(3); Sch. 12 para. 18(b) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 12 para. 18(a) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  120. M63
    1976 c. 53.
  121. F4
    Words in the definition of “regulator” in Sch. 13 para. 1(1) inserted (1.2.2001) by 2000 c. 38, ss. 97, Sch. 8 Pt. IV para. 16(2) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I
  122. I32
    Sch. 13 para. 10 wholly in force; Sch. 13 para. 10 not in force at Royal Assent see s. 76(3); Sch. 13 para. 10(5) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.Sch. 13 para. 10(1)-(4) and (6) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  123. I33
    Sch. 13 para. 11 partly in force; Sch. 13 para. 11 not in force at Royal Assent see s. 76(3); Sch. 13 para. 11 in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.
  124. I34
    Sch. 13 para. 12 wholly in force; Sch. 13 para. 12 not in force at Royal Assent see s. 76(3); Sch. 13 para. 12(1) in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 13 para. 12(1) and (2) fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  125. I35
    Sch. 13 para. 19 wholly in force; Sch. 13 para. 19 not in force at Royal Assent see s. 76(3); Sch. 13 para. 19(3) in force at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 13 para. 19(1) and (2) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  126. M64
    1990 c. 42.
  127. M65
    1989 c. 29.
  128. M66
    1986 c. 44.
  129. M67
    S.I. 1996/275 (N.I. 2).
  130. M68
    1993 c. 43.
  131. M69
    1986 c. 44.
  132. M70
    1989 c. 29.
  133. M71
    S.I. 1992/231 (N.I.1).
  134. M72
    1991 c. 56.
  135. M73
    1993 c. 43.
  136. M74
    S.I. 1996/275 (N.I.2).
  137. F5
    Sch. 13 para. 35(2)(h) inserted (1.2.2001) by 2000 c. 38, ss. 97, Sch. 8 Pt. IV para. 16(3) (with s. 106); S.I. 2001/57, art. 3, Sch. 2 Pt. I
  138. F6
    Words in Sch. 13 para. 37(2) inserted (1.3.2000) by S.I. 2000/311, art. 2
  139. F7
    Words in the definition of “relevant exclusion” in Sch. 13 para. 38(5) inserted (1.9.2000) by S.I. 2000/2031, art. 2
  140. M75
    S.I. 1992/231 (N.I. 1).
  141. M76
    S.I. 1994/426 (N.I. 1).
  142. M77
    S.I. 1996/275 (N.I. 2).
  143. M78
    1973 c. 41.
  144. M79
    1973 c. 41.
  145. M80
    1980 c. 21.
  146. M81
    S.I. 1988/915.
  147. M82
    1973 c. 41.
  148. I36
    Sch. 14 Pt. I partly in force; Sch. 14 Pt. I not in force at Royal Assent see s. 76(3); Sch. 14 Pt. I in force for certain purposes at 11.1.1999 by S.I. 1998/3166, art. 2, Sch.; Sch. 14 Pt. I in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 14 Pt. I in force for certain purposes at 10.11.1999 by S.I. 1999/2859, art. 2; Sch. 14 Pt. I (except the repeal of Restrictive Practices Court Act 1976) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  149. I37
    Sch. 14 Pt. II wholly in force; Sch. 14 Pt. II not in force at Royal Assent see s. 76(3); Sch. 14 Pt. II in force for certain purposes at 1.4.1999 by S.I. 1999/505, art. 2, Sch. 2; Sch. 14 Pt. II fully in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
  150. C20
    S. 28(7) applied (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 57(1)(n), 138(2) (with s. 57(4)); S.I. 2003/708, art. 2(a)
  151. C21
    S. 28(2)(f) modified (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 63, 138(2); S.I. 2003/708, art. 2(a)
  152. F8
    Sch. 4 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 207, 279, Sch. 26 (with Sch. 24 paras. 2022); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  153. F9
    Words in Sch. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  154. F10
    Words in Sch. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  155. F11
    Sch. 8 paras. 4-14 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(5), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  156. F12
    Words in Sch. 9 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(55); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  157. F13
    S. 3(1)(d) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), ss. 207, 279, Sch. 26 (with Sch. 24 paras. 20, 22); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  158. F14
    Words in s. 4 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(3); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  159. F15
    Words in s. 5 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(4); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  160. F16
    Word in s. 6(6)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(5)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  161. F17
    Words in s. 7 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(6); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  162. F18
    Word in s. 8(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  163. F19
    Word in s. 8(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(7)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  164. F20
    Words in s. 10(8) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  165. F21
    Words in s. 12 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(9); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  166. F22
    Words in s. 13 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(10); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  167. F23
    Words in s. 14 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(11); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  168. F24
    Words in s. 15 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(12); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  169. F25
    Words in s. 16 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(13); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  170. F26
    Words in s. 20 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(14); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  171. F27
    Words in s. 21 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(15); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  172. F28
    Words in s. 22 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(16); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  173. F29
    Words in s. 23 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(17); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  174. F30
    Words in s. 24 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(18); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  175. F31
    Words in s. 26(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(20)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  176. F32
    Word in s. 27(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(21)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  177. F33
    Words in s. 27(5)(e) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(a); S.I. 2003/708, art. 2(k)
  178. F34
    Words in s. 27(5)(e) inserted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(b); S.I. 2003/708, art. 2(k)
  179. F35
    Words in s. 28(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(22)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  180. F36
    Words in s. 28(2)(f) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(a); S.I. 2003/708, art. 2(k)
  181. F37
    Words in s. 28(2)(f) inserted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 21(b); S.I. 2003/708, art. 2(k)
  182. F38
    Words in s. 32(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(24)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  183. F39
    Words in s. 32(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(24)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  184. F40
    Words in s. 33(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(25)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  185. F41
    Words in s. 33(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(25)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  186. F42
    Words in s. 35 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(27); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  187. F43
    Words in s. 36(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(28)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  188. F44
    Words in s. 38 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(30); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  189. F45
    Words in s. 39 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(31); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  190. F46
    Words in s. 40(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(32)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  191. F47
    Word in s. 40(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(32)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  192. F48
    Word in s. 41 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(33); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  193. F49
    Words in s. 44 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(34); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  194. F50
    Words in s. 46(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 2(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  195. F51
    S. 48 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 3, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  196. F52
    Words in s. 51(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  197. F53
    Words in s. 51(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  198. F54
    Words in s. 51(10) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  199. F55
    Words in s. 52(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  200. F56
    Words in s. 52(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  201. F57
    Words in s. 52(6) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  202. F58
    Words in s. 53 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(40); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  203. F59
    Words in s. 54(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(41)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  204. F60
    Words in s. 57 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(42); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  205. F61
    Word in s. 58 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(43)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  206. F62
    Words in s. 58(1)(a) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  207. F63
    Words in s. 58(1)(b) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 5(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  208. F64
    Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  209. F65
    Words in s. 59(1) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 6(b), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  210. F66
    Words in s. 59(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(a), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  211. F67
    Words in s. 59(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(44)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  212. F68
    Word in Sch. 3 para. 2 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  213. F69
    Words in Sch. 3 para. 2(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  214. F70
    Words in Sch. 3 para. 2(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(a)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  215. F71
    Words in Sch. 3 para. 9(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(b)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  216. F72
    Words in Sch. 3 para. 9(7) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(51)(b)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  217. F73
    Words in Sch. 5 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  218. F74
    Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  219. F75
    Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  220. F76
    Words in Sch. 5 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  221. F77
    Words in Sch. 5 para. 5(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(c)(iv), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  222. F78
    Word in Sch. 5 para. 5(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  223. F79
    Words in Sch. 5 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(52)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  224. F80
    Word in Sch. 6 para. 3(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  225. F81
    Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(i); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  226. F82
    Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(ii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  227. F83
    Words in Sch. 6 para. 5(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(iii); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  228. F84
    Word in Sch. 6 para. 5(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  229. F85
    Words in Sch. 6 para. 5(2) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(c)(iv), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  230. F86
    Words in Sch. 6 para. 6 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(53)(e); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  231. F87
    Sch. 8 para. 1 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(2), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  232. F88
    Sch. 8 para. 2(4)(5) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  233. F89
    Words in Sch. 8 para. 2(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  234. F90
    Word in Sch. 8 para. 2(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(3)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  235. F91
    Words in Sch. 8 para. 2(2)(c) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  236. F92
    Word in Sch. 8 para. 3 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 8(4), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  237. F93
    Word in Sch. 8 para. 3(2)(d)(e) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(54)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  238. F94
    Sch. 10 para. 7(3) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  239. F95
    Sch. 10 para. 8(3) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  240. F96
    Sch. 10 para. 17(5) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  241. F97
    Sch. 10 para. 17(7)(8) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  242. F98
    Sch. 10 para. 18(5)(6) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  243. F99
    Sch. 10 para. 18(7) repealed (N.I.) (1.4.2003) by The Energy (Northern Ireland) Order 2003 (S.I. 2003/419), art. 1(2), Sch. 5; S.R. 2003/203, art. 2, Sch.
  244. C22
    Ss. 26-30 applied by 1986 c. 46, s. 9C(2) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)
  245. C23
    S. 54(5)-(7) applied by 1986 c. 46, s. 9D(2) (as inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 204(2), 279; S.I. 2003/1397, art. 2(1), Sch.)
  246. C24
    Act: power to modify conferred (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 209(1), 279; S.I. 2003/1397, art. 2(1), Sch.
  247. F100
    Sch. 11 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(j), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 6)
  248. F101
    S. 30A inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 198, 279; S.I. 2003/1397, art. 2(1), Sch.
  249. F102
    S. 58A and cross-heading inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 20(1)(2), 279 (with s. 20(2)); S.I. 2003/1397, art. 2(1), Sch.
  250. F103
    S. 28(3A) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 203(2), 279; S.I. 2003/1397, art. 2(1), Sch.
  251. F104
    S. 47 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 17, 279; S.I. 2003/1397, art. 2(1), Sch. (with art. 5)
  252. F105
    S. 56 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 247(j), 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 6)
  253. F106
    Word in s. 59(1) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 20(3), 279; S.I. 2003/1397, art. 2(1), Sch.
  254. F107
    S. 67 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  255. F108
    S. 71(4)(ca) inserted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(49); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  256. F109
    Words in Sch. 1 para. 4(2) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(c)(ii); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  257. F110
    Sch. 1 para. 5(a)(d) substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(d); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(4) 8)
  258. C25
    Sch. 1 para. 5(b) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 15(1)(b)
  259. C26
    Sch. 1 para. 5(a)(b) amended (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 1(1), Sch. 4 para. 15(1)(a)
  260. F111
    Sch. 10 para. 1 repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  261. F112
    Sch. 10 para. 2(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  262. F113
    Sch. 10 para. 2(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  263. F114
    Sch. 10 para. 3(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  264. F115
    Sch. 10 para. 3(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  265. F116
    Sch. 10 para. 4(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  266. F117
    Sch. 10 para. 4(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  267. F118
    Sch. 10 para. 5(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  268. F119
    Sch. 10 para. 5(9)(10) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  269. F120
    Sch. 10 para. 5(13) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  270. F121
    Sch. 10 para. 6(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  271. F122
    Sch. 10 para. 6(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  272. F123
    Sch. 10 para. 7(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  273. F124
    Sch. 10 para. 7(9) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  274. F125
    Sch. 10 para. 8(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  275. F126
    Sch. 10 para. 8(9)-(11) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  276. F127
    Sch. 10 para. 9(5) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  277. F128
    Sch. 10 para. 10(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  278. F129
    Sch. 10 para. 10(2) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(2)
  279. F130
    Sch. 10 para. 12(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  280. F131
    Sch. 10 para. 12(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  281. F132
    Sch. 10 para. 13(8) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  282. F133
    Sch. 10 para. 15(4) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  283. F134
    Sch. 10 para. 15(2) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(2)
  284. F135
    Sch. 10 para. 17(6) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  285. F136
    Sch. 10 para. 18(2) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(2)
  286. F137
    Sch. 12 para. 1(14) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  287. F138
    Sch. 12 para. 1(9) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(a)
  288. F139
    Sch. 12 para. 1(4)-(7) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  289. F140
    Sch. 12 para. 4(3)(4) repealed (20.6.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  290. F141
    Sch. 12 para. 4(12) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  291. F142
    Sch. 12 para. 4(15)(a) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
  292. F143
    Sch. 12 para. 7 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(b)
  293. F144
    Sch. 12 para. 11 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(c)
  294. F145
    Sch. 12 para. 14 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(d)
  295. F146
    Sch. 12 para. 16 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(e)
  296. F147
    Sch. 12 para. 17 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(f)
  297. F148
    Sch. 12 para. 20 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 32(3)(g)
  298. F149
    Word in s. 3(1) repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
  299. C27
    S. 55 restricted (31.10.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 115; S.I. 2003/2681, art. 2(b)
  300. F150
    S. 54(1)(a) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(5)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  301. F151
    Words in Sch. 2 para. 5(2) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(a), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  302. F152
    Words in Sch. 2 para. 5(3) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(6)(b), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  303. F153
    Words in s. 59(1) inserted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(7), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  304. F154
    Sch. 10 para. 2(1)-(6) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  305. F155
    Sch. 10 para. 2(8) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  306. F156
    Sch. 10 para. 2(9) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  307. F157
    Sch. 10 para. 9(2)-(4) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  308. F158
    Sch. 10 para. 9(6) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  309. F159
    Sch. 13 para. 35(2)(a) repealed (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  310. C28
    Pt. 1 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(3), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  311. C29
    Sch. 13 para. 3 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  312. C30
    Sch. 13 para. 7 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  313. C31
    Sch. 13 para. 19(3) modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  314. C32
    Sch. 13 paras. 36-39 modified (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), ss. 371(8), 411(2) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
  315. F160
    Sch. 1 para. 3 repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  316. F161
    Sch. 2 para. 5(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  317. F162
    Sch. 2 para. 5(4) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 291(4), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
  318. F163
    Sch. 12 para. 1(10)-(13) repealed (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), art. 1(1), Sch. para. 6(2) (with art. 3)
  319. C33
    S. 2(5) applied (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), regs. 1(a), 7(3)
  320. C34
    Pt. 1 restricted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), regs. 1(a), 9(2)
  321. C35
    Pt. 1 certain functions made exercisable concurrently by 1986 c. 44, s. 36A(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 1(2)(a))
  322. C36
    Pt. 1 certain functions made exercisable concurrently by 1989 c. 29, s. 43(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 3(2)(a))
  323. C37
    Pt. 1 certain functions made exercisable concurrently by 1991 c. 56, s. 31(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 4(2)(a))
  324. C38
    Pt. 1 certain functions made exercisable concurrently by S.I. 1992/231 (N.I. 1) art. 46(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 5(2)(a))
  325. C39
    Pt. 1 certain functions made exercisable concurrently by 1998 c. 41, s. 67(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 6(2)(a))
  326. C40
    Pt. 1 certain functions made exercisable concurrently by S.I. 1996/275 (N.I. 2), art. 23(3) (as substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 2 para. 9(2)(a))
  327. F164
    Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1
  328. F165
    S. 28A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 14
  329. F166
    Ss. 31A-31E inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 18
  330. F167
    Ss. 12-16 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
  331. F168
    Ss. 20-24 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 9 (with reg. 6(2))
  332. F169
    Sch. 2 Pt. 2 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 49(2) (with reg. 6(2))
  333. F170
    Sch. 2 Pt. 4 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 49(3) (with reg. 6(2))
  334. F171
    Sch. 5 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 51 (with reg. 6(2))
  335. F172
    Sch. 6 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 51 (with reg. 6(2))
  336. F173
    Sch. 8 para. 3A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(4) (with reg. 8)
  337. F174
    Sch. 6A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 52
  338. F175
    S. 4 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 2 (with reg. 6(2))
  339. F176
    S. 5 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 3 (with reg. 6(2)(3))
  340. F177
    Words in s. 6(6)(c) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 4(3)
  341. F178
    Words in s. 6(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 4(2)
  342. F179
    S. 6(8) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 4(4)
  343. F180
    S. 7 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 5 (with reg. 6(2))
  344. F181
    S. 9(1): s. 9 renumbered as s. 9(1) (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 6(1)
  345. F182
    S. 9(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 6(4)
  346. F183
    Words in s. 9 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 6(5)
  347. F184
    Words in s. 9(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 6(2)
  348. F185
    Word in s. 9(1)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 6(3)
  349. F186
    S. 25 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 10
  350. F187
    Words in s. 26(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 11 (with reg. 6(2))
  351. F188
    S. 27(6) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(5)
  352. F189
    Words in s. 27 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(6)
  353. F190
    Words in s. 27(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(2)(a)
  354. F191
    Words in s. 27(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(2)(b) (with reg. 6(2))
  355. F192
    Words in s. 27(3)(a)(i) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(3)(a)
  356. F193
    Words in s. 27(3)(a)(ii) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(3)(b)
  357. F194
    S. 27(5)(f) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 12(4)
  358. F195
    S. 28(8) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(3)
  359. F196
    Words in s. 28 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(4)
  360. F197
    Words in s. 28(1)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(2)(a)
  361. F198
    Words in s. 28(1)(b)(i) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 13(2)(b)
  362. F199
    Words in s. 29(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 15(2)
  363. F200
    Words in s. 29(2) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 15(3)
  364. F201
    S. 31 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 17
  365. F202
    S. 32(2) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 19(3) (with reg. 6(2))
  366. F203
    S. 33(2) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 20(3) (with reg. 6(2))
  367. F204
    S. 35(8)(9) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(6)
  368. F205
    S. 35(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(2)
  369. F206
    S. 35(5) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(3)
  370. F207
    Words in s. 35(6) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(4)
  371. F208
    Words in s. 35(7) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 21(5)
  372. F209
    Word in s. 36 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(6)
  373. F210
    Words in s. 36(4) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(4)
  374. F211
    Words in s. 36(5) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 22(5)
  375. F212
    S. 38(1A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 23(2)
  376. F213
    Words in s. 39 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 24(3)
  377. F214
    Words in s. 39(3) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 24(2)
  378. F215
    Words in s. 40(3) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 25(2)
  379. F216
    S. 41 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 26 (with reg. 6(2))
  380. F217
    Words in s. 42(7) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 27(3)
  381. F218
    Words in s. 43(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 28(2)
  382. F219
    S. 46(3) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 29(2) (with reg. 8)
  383. F220
    S. 47(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 30(2) (with reg. 8)
  384. F221
    S. 53 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 32 (with reg. 6(2))
  385. F222
    S. 54(8) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 33(3)
  386. F223
    Words in s. 54(4) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 33(2)
  387. F224
    Words in s. 58(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(2) (with reg. 6(2))
  388. F225
    Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(a)
  389. F226
    Words in s. 58(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 34(3)(b)
  390. F227
    Words in s. 59 sidenote substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(3)
  391. F228
    Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(a)
  392. F229
    Words in s. 59(1) cease to have effect (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(e) (with reg. 6(2))
  393. F230
    Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(f)
  394. F231
    Words in s. 59(1) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(g)
  395. F232
    Words in s. 59(1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 35(2)(h)
  396. F233
    S. 73(6A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(4)
  397. F234
    S. 73(4) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(2)
  398. F235
    S. 73(7) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 46(5) (with reg. 6(2))
  399. F236
    Sch. 1 para. 4(5)(a) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(a)
  400. F237
    Sch. 1 para. 4(6) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 48(2)(b) (with reg. 6(2))
  401. F238
    Words in Sch. 3 para. 9(9) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 50(b)(iii)
  402. F239
    Sch. 8 para. 3(A1) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(2) (with reg. 8)
  403. F240
    Sch. 8 para. 3(2)(c) ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(3) (with regs. 6(2), 8)
  404. F241
    Sch. 9 para. 1 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(2)
  405. F242
    Sch. 9 para. 2 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
  406. F243
    Sch. 9 para. 3 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
  407. F244
    Sch. 9 para. 4 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(3) (with reg. 6(2))
  408. F245
    Sch. 9 para. 5(1)(d) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(4)
  409. F246
    Sch. 9 para. 5(2) substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(5)
  410. F247
    Sch. 9 para. 6 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(6) (with regs. 6(2), 10)
  411. F248
    Sch. 9 para. 7 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(6) (with reg. 6(2))
  412. F249
    Sch. 9 para. 8 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(7)
  413. F250
    Words in Sch. 9 para. 14 substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 54(9)
  414. C41
    S. 28(2) powers of seizure extended (1.6.2004) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 67 (with ss. 52-54, 68); S.I. 2004/1376, art. 2(b)
  415. F251
    S. 49 substituted (1.4.2003 for specified purposes, 18.7.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 4; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.); S.I. 2004/1866, art. 2
  416. F252
    Sch. 10 para. 13(2)(3) repealed (1.4.2004 for specified purposes, 1.10.2004 in so far as not already in force) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(4)(b), Sch. 9 Pt. 3; S.I. 2004/641, art. 3(y)(z), Sch. 2; S.I. 2004/2528, art. 2(t)(ii)(u)
  417. C42
    Sch. 1 para. 5 modified (temp.) (7.12.2004) by The Enterprise Act 2002 (Commencement No. 7 and Transitional Provisions and Savings) Order 2004 (S.I. 2004/3233), art. 5(2)(b)
  418. F253
    Words in s. 3(4)(b) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(2); S.I. 2003/1397, art. 2(1), Sch. (with art. 3(1)); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
  419. F254
    Words in Sch. 1 para. 1(1) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(a)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
  420. F255
    Words in Sch. 1 para. 1(4) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(a)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
  421. F256
    Words in Sch. 1 para. 2(1)(a) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(i); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
  422. F257
    Words in Sch. 1 para. 2(2) substituted (20.6.2003 for specified purposes, 29.12.2004 in so far as not already in force) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(50)(b)(ii); S.I. 2003/1397, art. 2(1), Sch. (with arts. 3(1), 8); S.I. 2004/3233, art. 2, Sch. (with arts. 3-5)
  423. F258
    Sch. 2 para. 3 repealed (1.1.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(1), Sch. 1
  424. F259
    Sch. 10 para. 5(3) repealed (1.4.2005) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(4)(a), Sch. 9 Pt. 3; S.I. 2005/968, art. 2(m)(ii)(n)
  425. C43
    Ss. 26-30 applied by S.I. 2002/3150 (N.I. 4), art. 13C(2) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)
  426. C44
    S. 54(5)-(7) applied by S.I. 2002/3150 (N.I. 4), art. 13D(2) (as inserted (19.12.2005) by The Company Directors Disqualification (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/1454), arts. 1(3), 3; S.R. 2005/514, art. 2)
  427. F260
    S. 54(1)(d) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(2); S.I. 2005/2714, art. 4(f)
  428. F261
    Words in Sch. 13 para. 35(2)(e) substituted (1.4.2006) by Water Act 2003 (c. 37), s. 105(3), Sch. 7 para. 32(5); S.I. 2005/2714, art. 4(f)
  429. C45
    Pt. 1 certain functions made exercisable concurrently (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), arts. 1(2), 29(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2)
  430. C46
    Pt. 1 modified (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336), arts. 1(2), 29(5) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. Pt. 2 (with Sch. 2)
  431. F262
    Sch. 3 para. 2 ceases to have effect (1.5.2007) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(b), Sch. 1 para. 50(a) (with reg. 6(2))
  432. F263
    Words in Sch. 9 para. 11 cease to have effect (1.5.2007) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(b), Sch. 1 para. 54(8) (with reg. 6(2))
  433. F264
    Sch. 13 para. 10(6)(e) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 65(5); S.I. 2009/1604, art. 2(d)
  434. F265
    Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3, 6 (with arts. 3(2)(3), 4(2), 6(4)(5))
  435. C47
    S. 2(1) excluded (28.3.2012) by The Competition Act 1998 (Public Policy Exclusion) Order 2012 (S.I. 2012/710), arts. 1, 4
  436. F266
    Words in Sch. 3 para. 9(1)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
  437. F267
    Words in Sch. 3 para. 9(2) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
  438. I38
    S. 1(a) in force at 10.3.2013 by S.I. 2013/284, art. 2(a)
  439. I39
    S. 74(3) in force at 10.3.2013 in so far as not already in force by S.I. 2013/284, art. 2(b)
  440. I40
    Sch. 14 Pt. I in force at 10.3.2013 in so far as not already in force by S.I. 2013/284, art. 2(c)
  441. C48
    Pt. 1 modified (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 72(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  442. F268
    Sch. 2 para. 1 and cross-heading repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  443. F269
    Sch. 12 para. 8 and cross-heading repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  444. F270
    S. 54(1)(h) and word inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 74(5)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  445. F271
    Sch. 13 para. 26(1)(a) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  446. F272
    Sch. 13 para. 26(2) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  447. F273
    Words in Sch. 13 para. 26(3) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  448. F274
    Sch. 13 para. 26(3)(a) repealed (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 19 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  449. C49
    Pt. 1 functions made exercisable concurrently (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 62(1)-(3), 110(1) (with s. 77(1)-(3), Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(1)-(3)
  450. C50
    Pt. 1 modified in part (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 62(4), 110(1) (with ss. 62(5), 77(1)-(3), Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(1)-(3)
  451. F275
    Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(b), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  452. F276
    Ss. 40A, 40B and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(2), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  453. F277
    Sch. 9 para. 1A and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(4), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  454. F278
    Sch. 9 para. 13A and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(5), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  455. F279
    Sch. 9 para. 13B and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(6), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  456. F280
    Sch. 9 para. 13C and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(7), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  457. F281
    S. 31F inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 45, 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  458. F282
    Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(a), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  459. F283
    S. 54(6A) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(3), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  460. F284
    S. 54(6B)(6C) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(4), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  461. C51
    S. 45(4) savings for effect of 2013 c. 24, Sch. 5 para. 220 (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), arts. 1(1), 3(7) (with art. 3)
  462. F285
    Words in s. 54(6) inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 51(2)(b), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  463. F286
    Word in s. 25 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  464. F287
    S. 26 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 39(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  465. F288
    S. 45 cross-heading omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 220 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  466. F289
    Word in s. 51 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 30 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  467. F290
    Word in s. 58 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 35 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  468. F291
    Word in s. 58 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  469. F292
    Sch. 7 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 222 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  470. F293
    Sch. 7A omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 223 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  471. F294
    Word in Sch. 9 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  472. F295
    S. 25A inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  473. F296
    S. 26A inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 39(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  474. F297
    Word in s. 6(1)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 2 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  475. F298
    Word in s. 8(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  476. F299
    Word in s. 8(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 3 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  477. F300
    Word in s. 10(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 4 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  478. F301
    Word in s. 10(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 4 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  479. F302
    Word in s. 10(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 4 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  480. F303
    Word in s. 25(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  481. F304
    Word in s. 25(8)-(11) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 5(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  482. F305
    Word in s. 26(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 6 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  483. F306
    Word in s. 26(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 6 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  484. F307
    Word in s. 27(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 7 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  485. F308
    Word in s. 27(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 7 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  486. F309
    Words in s. 28(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  487. F310
    Words in s. 28(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  488. F311
    S. 28(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 2(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  489. F312
    Word in s. 28(1)(b)(i) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  490. F313
    Word in s. 28(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  491. F314
    Word in s. 28(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 8(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  492. F315
    Words in s. 28A(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 3(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  493. F316
    Words in s. 28A(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 3(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  494. F317
    S. 28A(8A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 13 para. 3(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  495. F318
    Word in s. 28A(1)(b)(i)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 9 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  496. F319
    S. 30A renumbered as s. 30A(1) (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 39(5), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  497. F320
    S. 30A(2)-(5) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 39(7), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  498. F321
    Word in s. 31(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 10 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  499. F322
    Words in s. 31A(1)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 11 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  500. F323
    Words in ss. 31B(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 12 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  501. F324
    Word in s. 31C(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 13 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  502. F325
    Word in s. 31D(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 14 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  503. F326
    Word in s. 31D(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 14 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  504. F327
    Word in s. 31D(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 14 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  505. F328
    Word in s. 31E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 15 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  506. F329
    Word in s. 32(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 16 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  507. F330
    Word in s. 33(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 17 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  508. F331
    Word in s. 34(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 18 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  509. F332
    Words in s. 35(1)-(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 19 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  510. F333
    Words in s. 35(2)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 43, 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  511. F334
    Word in s. 35(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 19 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  512. F335
    Word in s. 36(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 20 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  513. F336
    Word in s. 36(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 20 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  514. F337
    S. 36(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 44(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  515. F338
    Word in s. 37(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 21 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  516. F339
    Words in s. 38(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(4), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  517. F340
    Words in s. 38(8) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(6), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  518. F341
    Words in s. 38(8) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 44(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  519. F342
    Word in s. 38(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  520. F343
    Word in s. 38(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  521. F344
    Word in s. 38(8)(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 22 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  522. F345
    Word in s. 39(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 23 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  523. F346
    Word in s. 39(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 23 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  524. F347
    Word in s. 40(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 24 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  525. F348
    Word in s. 40(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 24 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  526. F349
    S. 42(1)-(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(8), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  527. F350
    Words in s. 42(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 40(9), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
  528. F351
    Word in s. 44(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 25 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  529. F352
    S. 45 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 220 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  530. F353
    Word in s. 46(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 26 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  531. F354
    Word in s. 47(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 27 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  532. F355
    Word in s. 50(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 29 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  533. F356
    Word in s. 51(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  534. F357
    Word in s. 51(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  535. F358
    Word in s. 51(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  536. F359
    Word in s. 51(5)-(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  537. F360
    Words in s. 52(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  538. F361
    Word in s. 52(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  539. F362
    Word in s. 52(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  540. F363
    S. 54(1)(c) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 11(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
  541. F364
    S. 54(1)(f) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 11(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
  542. F365
    Word in s. 54(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  543. F366
    Word in s. 54(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  544. F367
    Word in s. 54(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 33 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  545. F368
    Word in s. 57 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 34 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  546. F369
    Words in s. 58(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  547. F370
    Words in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  548. F371
    Word in s. 58(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  549. F372
    Word in s. 58(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 36(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  550. F373
    Words in s. 59(1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  551. F374
    Words in s. 59(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  552. F375
    Word in s. 59(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 38(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  553. F376
    Words in Sch. 1 para. 4(1)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  554. F377
    Word in Sch. 1 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 53(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  555. F378
    Words in Sch. 1 para. 5 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 12(2)(a); S.I. 2014/416, art. 2(1)(f) (with Sch.)
  556. F379
    Words in Sch. 1 para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 12(2)(b); S.I. 2014/416, art. 2(1)(f) (with Sch.)
  557. F380
    Word in Sch. 2 para. 5(3)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 54 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  558. F381
    Word in Sch. 3 para. 9(3)-(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 55(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  559. F382
    Word in Sch. 6A para. 1 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  560. F383
    Word in Sch. 6A para. 2(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  561. F384
    Word in Sch. 6A para. 2(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(3)(b)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  562. F385
    Word in Sch. 6A para. 2(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(3)(b)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  563. F386
    Word in Sch. 6A para. 3(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  564. F387
    Word in Sch. 6A para. 4 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  565. F388
    Word in Sch. 6A para. 5 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(6) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  566. F389
    Word in Sch. 6A para. 6 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(7) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  567. F390
    Word in Sch. 6A para. 7 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(8) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  568. F391
    Word in Sch. 6A para. 8 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(9) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  569. F392
    Word in Sch. 6A para. 10 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  570. F393
    Word in Sch. 6A para. 11(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(11) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  571. F394
    Word in Sch. 6A para. 12 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(12) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  572. F395
    Word in Sch. 6A para. 13 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(13) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  573. F396
    Word in Sch. 6A para. 14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 56(14) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  574. F397
    Word in Sch. 8 para. 2(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  575. F398
    Word in Sch. 8 para. 3(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  576. F399
    Word in Sch. 8 para. 3A(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  577. F400
    Word in Sch. 9 para. 1 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  578. F401
    Word in Sch. 9 para. 5(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  579. F402
    Word in Sch. 9 para. 8 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  580. F403
    Word in Sch. 9 para. 9 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(6) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  581. F404
    Word in Sch. 9 para. 11 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(7) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  582. F405
    Word in Sch. 9 para. 12(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(8)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  583. F406
    Word in Sch. 9 para. 12(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(8)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  584. F407
    Word in Sch. 9 para. 13 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(9)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  585. F408
    Word in Sch. 9 para. 13 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(9)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  586. F409
    Word in Sch. 9 para. 14 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
  587. F410
    Words in Sch. 3 para. 1(1)(c) substituted (N.I.) (13.2.2015 for specified purposes, 1.4.2015 so far as not already in force) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 89 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2)
  588. C52
    Pt. 1 certain functions made exercisable concurrently (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 61(2), 148(5); S.I. 2014/2458, arts. 2(a)(i), 3(b)(ii)
  589. F411
    Word in s. 54(1)(g) omitted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by virtue of Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(2), 148(5); S.I. 2014/2458, arts. 2(a)(ii), 3(b)(iii)
  590. F412
    S. 54(1)(i) inserted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 67(2), 148(5); S.I. 2014/2458, arts. 2(a)(ii), 3(b)(iii)
  591. F413
    S. 54(1)(j) inserted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 8 para. 9; S.I. 2014/2458, arts. 2(b)(bb)(i), 3(b)(v)
  592. C53
    Pt. 1 certain functions made exercisable concurrently by 2000 c. 8, s. 234J (as inserted (1.11.2014 for specified purposes, 1.4.2015 so far as not already in force) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 8 para. 3; S.I. 2014/2458, arts. 2(b)(aa)(i), 3(b)(v))
  593. F414
    Ss. 49C-49E inserted (3.8.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 12; S.I. 2015/1584, art. 3(a); S.I. 2015/1630, art. 3(j)
  594. F415
    S. 47C inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 6; S.I. 2015/1630, art. 3(j)
  595. F416
    S. 47D inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 7; S.I. 2015/1630, art. 3(j)
  596. F417
    S. 49A and cross-heading inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 10(1) (with Sch. 8 para. 10(2)); S.I. 2015/1630, art. 3(j)
  597. F418
    S. 49B inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 11(1) (with Sch. 8 para. 11(2)); S.I. 2015/1630, art. 3(j)
  598. F419
    Sch. 8 para. 3B inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 17(3); S.I. 2015/1630, art. 3(j)
  599. F420
    S. 47A substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 4(1) (with Sch. 8 para. 4(2) and The Competition Appeal Tribunal Rules 2015 (S.I. 2015/1648), rules 1, 119(4)); S.I. 2015/1630, art. 3(j)
  600. F421
    S. 47B substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 5(1) (with Sch. 8 para. 5(2)); S.I. 2015/1630, art. 3(j)
  601. F422
    S. 49(1A)-(1D) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 9(3); S.I. 2015/1630, art. 3(j)
  602. F423
    S. 49(2A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 9(5); S.I. 2015/1630, art. 3(j)
  603. F424
    Word in s. 49(1)(a) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 9(2)(a); S.I. 2015/1630, art. 3(j)
  604. F425
    S. 49(1)(b) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 9(2)(b); S.I. 2015/1630, art. 3(j)
  605. F426
    Words in s. 49(2)(a) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 9(4); S.I. 2015/1630, art. 3(j)
  606. F427
    S. 58(4) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(5); S.I. 2015/1630, art. 3(j)
  607. F428
    Words in s. 58(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(2); S.I. 2015/1630, art. 3(j)
  608. F429
    Words in s. 58(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(a); S.I. 2015/1630, art. 3(j)
  609. F430
    Words in s. 58(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(3)(b); S.I. 2015/1630, art. 3(j)
  610. F431
    Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(a); S.I. 2015/1630, art. 3(j)
  611. F432
    Words in s. 58(3) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 13(4)(b); S.I. 2015/1630, art. 3(j)
  612. F433
    S. 58A substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 14(1) (with Sch. 8 para. 14(2)); S.I. 2015/1630, art. 3(j)
  613. F434
    S. 59(1A)(1B) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(4); S.I. 2015/1630, art. 3(j)
  614. F435
    Words in s. 59(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(2); S.I. 2015/1630, art. 3(j)
  615. F436
    Word in s. 59(1) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 15(3); S.I. 2015/1630, art. 3(j)
  616. F437
    S. 71(4)(cb) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 16; S.I. 2015/1630, art. 3(j)
  617. F438
    Words in Sch. 8 para. 2(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 8 para. 17(2); S.I. 2015/1630, art. 3(j)
  618. F439
    Words in s. 54(1)(e) 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(m)
  619. F440
    Pt. 1 Ch. 4 heading substituted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 2 (with Sch. 1 para. 5)
  620. F441
    S. 46 cross-heading substituted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 2
  621. F442
    S. 47F and cross-heading inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 3 (with Sch. 1 para. 5)
  622. F443
    S. 47A cross-heading inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 3
  623. F444
    S. 48 cross-heading inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 6
  624. F445
    Words in s. 49 heading inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 7
  625. F446
    Sch. 8A inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 1 para. 4 (with Sch. 1 para. 5)
  626. F447
    S. 47E omitted (9.3.2017) by virtue of The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 5(1) (with Sch. 2 paras. 5(2), 10)
  627. F448
    S. 58A(3)(b) and word substituted for s. 58A(3)(b)-(d) (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 8(2) (with Sch. 2 para. 8(4))
  628. F449
    Words in s. 59(1) inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 9(2)
  629. F450
    Words in s. 59(1A) inserted (9.3.2017) by The Claims in respect of Loss or Damage arising from Competition Infringements (Competition Act 1998 and Other Enactments (Amendment)) Regulations 2017 (S.I. 2017/385), reg. 1(2), Sch. 2 para. 9(3)
  630. C54
    S. 32 modified by 1991 c. 56, s. 66D(7)(a) (as substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 3; S.I. 2017/462, art. 3(i)(iii) (with arts. 6-9))
  631. C55
    S. 35(2) modified by 1991 c. 56, s. 66D(7)(b)(8) (as substituted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 2 para. 3; S.I. 2017/462, art. 3(i)(iii) (with arts. 6-9))
  632. C56
    S. 32 modified by 1991 c. 56, s. 117E(7)(a) (as inserted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 4; S.I. 2017/462, art. 3(j))
  633. C57
    S. 35(2) modified by 1991 c. 56, s. 117E(7)(b)(8) (as inserted (1.4.2017 for specified purposes) by Water Act 2014 (c. 21), s. 94(3), Sch. 4; S.I. 2017/462, art. 3(j))
  634. C58
    S. 32 modified by 1991 c. 56, s. 110A(7)(a) (as substituted (1.11.2016) by Water Act 2014 (c. 21), ss. 9(1), 94(3) (with s. 9(2)(3)); S.I. 2016/1007, art. 2(c)(i); S.I. 2018/397, art. 2(b))
  635. C59
    S. 32 modified by 1991 c. 56, s. 110B(5)(a) (as substituted (1.11.2016) by Water Act 2014 (c. 21), ss. 9(1), 94(3) (with s. 9(2)(3)); S.I. 2016/1007, art. 2(c)(i); S.I. 2018/397, art. 2(b))
  636. C60
    S. 35(2) modified by 1991 c. 56, s. 110A(7)(b)(8) (as substituted (1.11.2016) by Water Act 2014 (c. 21), ss. 9(1), 94(3) (with s. 9(2)(3)); S.I. 2016/1007, art. 2(c)(i))
  637. C61
    S. 35(2) modified by 1991 c. 56, s. 110B(5)(b) (as substituted (1.11.2016) by Water Act 2014 (c. 21), ss. 9(1), 94(3) (with s. 9(2)(3)); S.I. 2016/1007, art. 2(c)(i))
  638. C62
    S. 32 modified by 1991 c. 56, s. 40(7)(a) (as substituted (1.4.2018 for E. for specified purposes, 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2017/1288, art. 3(a); S.I. 2018/397, art. 2(a))
  639. C63
    S. 32 modified by 1991 c. 56, s. 40A(5)(a) (as substituted (1.4.2018 for E. for specified purposes, 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2017/1288, art. 3(a); S.I. 2018/397, art. 2(a))
  640. C64
    S. 35(2) modified by 1991 c. 56, s. 40(7)(b)(8) (as substituted (1.4.2018 for E. for specified purposes, 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2017/1288, art. 3(a); S.I. 2018/397, art. 2(a))
  641. C65
    S. 35(2) modified by 1991 c. 56, s. 40A(5)(b)(6) (as substituted (1.4.2018 for E. for specified purposes, 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 8(1), 94(3) (with s. 8(2)); S.I. 2017/1288, art. 3(a); S.I. 2018/397, art. 2(a))
  642. C66
    S. 32 modified by 1991 c. 56, s. 51B(9)(a) (as substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(3), 94(3); S.I. 2017/462, art. 4(a) (with art. 15); S.I. 2017/1288, art. 3(c))
  643. C67
    S. 32 modified by 1991 c. 56, s. 51C(4)(a) (as substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(3), 94(3); S.I. 2017/462, art. 4(a) (with art. 15); S.I. 2017/1288, art. 3(c))
  644. C68
    S. 35(2) modified by 1991 c. 56, s. 51B(9)(b)(10) (as substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(3), 94(3); S.I. 2017/462, art. 4(a) (with art. 15); S.I. 2017/1288, art. 3(c))
  645. C69
    S. 35(2) modified by 1991 c. 56, s. 51C(4)(b)(5) (as substituted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 10(3), 94(3); S.I. 2017/462, art. 4(a) (with art. 15); S.I. 2017/1288, art. 3(c))
  646. C70
    S. 32 modified by 1991 c. 56, s. 105ZA(9)(a) (as inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(3), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d))
  647. C71
    S. 32 modified by 1991 c. 56, s. 105ZB(4)(a) (as inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(3), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d))
  648. C72
    S. 35(2) modified by 1991 c. 56, s. 105ZA(9)(b)(10) (as inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(3), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d))
  649. C73
    S. 35(2) modified by 1991 c. 56, s. 105ZB(4)(b)(5) (as inserted (1.10.2017 for E., 1.4.2019 for W.) by Water Act 2014 (c. 21), ss. 11(3), 94(3); S.I. 2017/462, art. 4(b); S.I. 2017/1288, art. 3(d))
  650. C74
    S. 2(1) excluded (E.) (28.3.2020) by The Competition Act 1998 (Health Services for Patients in England) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/368), arts. 1(1), 4 (with art. 1(2))
  651. C75
    S. 2(1) excluded (28.3.2020) by The Competition Act 1998 (Solent Maritime Crossings) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/370), arts. 1, 4
  652. C76
    S. 2(1) excluded (28.3.2020) by The Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/369), arts. 1, 5
  653. C77
    S. 2(1) excluded (28.3.2020) by The Competition Act 1998 (Groceries) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/369), arts. 1, 6
  654. C78
    S. 2(1) excluded (21.4.2020) by The Competition Act 1998 (Health Services for Patients in Wales) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/435), arts. 1(1), 4 (with art. 1(2))
  655. C79
    S. 2(1) excluded (temp.) (2.5.2020) by The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020 (S.I. 2020/481), arts. 1, 5, 6 (with art. 10)
  656. F451
    Sch. 3 para. 10 inserted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 3
  657. F452
    Sch. 3 para. 9(1)-(1E) substituted for Sch. 3 para. 9(1) (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(2)
  658. F453
    Sch. 3 para. 9(2) omitted (11.11.2020 for specified purposes) by virtue of Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(3)
  659. F454
    Words in Sch. 3 para. 9(3) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(4)
  660. F455
    Sch. 3 para. 9(9) substituted (11.11.2020 for specified purposes) by Agriculture Act 2020 (c. 21), s. 57(1)(b)(c)(2)(b), Sch. 2 para. 2(5)
  661. C80
    S. 2 restricted (31.12.2020) by S.I. 2019/93, Sch. 4 para. 17A(1) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 40(2))
  662. C81
    S. 18 restricted (31.12.2020) by S.I. 2019/93, Sch. 4 para. 17A(2) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 40(2))
  663. C82
    Sch. 3 para. 9 applied (31.12.2020) by Regulation (EC) No. 1379/2013, Art. 41(4) (as inserted by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 19(31)(d); 2020 c. 1, Sch. 5 para. 1(1))
  664. C83
    Sch. 8A para. 21(3) modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 para. 7(4)(b) (as amended by S.I. 2020/1343, reg. 36(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)
  665. C84
    Pt. IV modified (31.12.2020) by S.I. 2019/93, Sch. 4 para. 8C(3) (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 37(2))
  666. F456
    Pt. II omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 24 (with Sch. 4 paras. 8C-12) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  667. F457
    Pt. 2A omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 24 (with Sch. 4 paras. 9-12) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  668. F458
    Words in s. 10 heading substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  669. F459
    S. 10A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 4 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  670. F460
    Ss. 40ZA-40ZD inserted by S.I. 2019/93, reg. 13A (as inserted 31.12.2020 by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 4)
  671. F461
    S. 60A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 23 (as amended by S.I. 2020/1343, reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
  672. F462
    Sch. 1 Pt. II omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 28; 2020 c. 1, Sch. 5 para. 1(1)
  673. F463
    Sch. 3 para. 3 and crossheading omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 29(2); 2020 c. 1, Sch. 5 para. 1(1)
  674. F464
    Sch. 9 para. 9 crossheading substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(5); 2020 c. 1, Sch. 5 para. 1(1)
  675. F465
    Sch. 9 para. 10 and crossheading omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(7); 2020 c. 1, Sch. 5 para. 1(1)
  676. F466
    S. 10(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(4) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  677. F467
    S. 10(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(4) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  678. F468
    Words in s. 10(3) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(5) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  679. F469
    Words in s. 10(4) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(6)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  680. F470
    S. 10(4)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(6)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  681. F471
    Words in s. 10(4)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(6)(c) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  682. F472
    Words in s. 10(5)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(7)(a)(i) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  683. F473
    Words in s. 10(5)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(7)(a)(ii) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  684. F474
    Words in s. 10(5)(d) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(7)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  685. F475
    S. 10(9)-(11) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(8) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  686. F476
    S. 10(12) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(9) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  687. F477
    S. 10(A1) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 3(3) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  688. F478
    S. 11 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 5 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  689. F479
    S. 25(5) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  690. F480
    S. 25(9) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  691. F481
    S. 25(11) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(6) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  692. F482
    S. 25(3) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  693. F483
    S. 25(7) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(2) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  694. F484
    Words in s. 25(8)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(3) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  695. F485
    Words in s. 25(10) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(5) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  696. F486
    Words in s. 25(12) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 6(7) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  697. F487
    Words in s. 25A(1)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 7 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  698. F488
    Words in s. 30A(1) substituted (31.12.2020) by S.I. 2019/93, reg. 7A (as inserted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 3)
  699. F489
    Word in s. 31(2)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 8(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  700. F490
    S. 31(2)(c) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 8(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  701. F491
    S. 31(2)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 8(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  702. F492
    Words in s. 32(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 9 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  703. F493
    Words in s. 33(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 10 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  704. F494
    Words in s. 35(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 11(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  705. F495
    Words in s. 35(6) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 11(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  706. F496
    Words in s. 35(7) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 11(c) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  707. F497
    S. 35(9) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 11(d) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  708. F498
    Words in s. 36(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 12(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  709. F499
    Words in s. 36(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 12(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  710. F500
    Words in s. 36(7A)(b)(i) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 12(c)(i) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  711. F501
    Words in s. 36(7A)(b)(ii) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 12(c)(ii) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  712. F502
    Words in s. 38(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 13(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  713. F503
    S. 38(1A) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 13(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  714. F504
    S. 38(9) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 13(c) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  715. F505
    S. 38(10) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 13(c) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  716. F506
    S. 46(3)(b) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 14(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  717. F507
    S. 46(3)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 14(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  718. F508
    Words in s. 46(3)(e) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 14(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  719. F509
    S. 46(3)(f) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 14(c) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  720. F510
    Words in s. 47(1)(a) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 15 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  721. F511
    Word in s. 47A(2)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 16(2)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  722. F512
    S. 47A(2)(c) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 16(2)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  723. F513
    S. 47A(2)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 16(2)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  724. F514
    S. 47A(6) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 16(3) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  725. F515
    Words in s. 49C(11) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 17 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  726. F516
    S. 52(1A) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 18 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  727. F517
    Word in s. 58(2) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(2)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  728. F518
    Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(2)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  729. F519
    Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(3)(a) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  730. F520
    Words in s. 58(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 19(3)(b) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  731. F521
    S. 58A(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 20 (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  732. F522
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(a) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  733. F523
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(b) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  734. F524
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(c) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  735. F525
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(d) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  736. F526
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(e) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  737. F527
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(f) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  738. F528
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(g) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  739. F529
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(h) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  740. F530
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(i) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  741. F531
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(j) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  742. F532
    Words in s. 59(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(2)(k) (with Sch. 4 paras. 2, 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  743. F533
    Word in s. 59(1) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(3); 2020 c. 1, Sch. 5 para. 1(1)
  744. F534
    Words in s. 59(1) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 21(4) (with Sch. 4 paras. 7, 13) (as amended by S.I. 2020/1343, regs. 35-59); 2020 c. 1, Sch. 5 para. 1(1)
  745. F535
    S. 60 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 22; 2020 c. 1, Sch. 5 para. 1(1)
  746. F536
    Words in s. 72(1) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 25; 2020 c. 1, Sch. 5 para. 1(1)
  747. F537
    Words in s. 73(4) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
  748. F538
    S. 73(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(3); 2020 c. 1, Sch. 5 para. 1(1)
  749. F539
    Words in s. 73(4)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  750. F540
    Words in s. 73(4)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
  751. F541
    Words in s. 73(6A) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(4); 2020 c. 1, Sch. 5 para. 1(1)
  752. F542
    Words in s. 73(8)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
  753. F543
    Words in s. 73(8)(b) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 26(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
  754. F544
    S. 75A omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 27; 2020 c. 1, Sch. 5 para. 1(1)
  755. F545
    Sch. 3 para. 5(3)(b) substituted (31.12.2020) by S.I. 2019/93, reg. 29(3)(a) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 6)
  756. F546
    Sch. 3 para. 5(3)(c) omitted (31.12.2020) by virtue of S.I. 2019/93, reg. 29(3)(b) (as substituted by The Competition (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1343), regs. 1(1), 6)
  757. F547
    Word in Sch. 8A para. 2(1)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
  758. F548
    Sch. 8A para. 2(1)(c) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  759. F549
    Sch. 8A para. 2(1)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  760. F550
    Word in Sch. 8A para. 3(1)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
  761. F551
    Sch. 8A para. 3(1)(c) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  762. F552
    Sch. 8A para. 3(1)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  763. F553
    Sch. 8A para. 3(2) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
  764. F554
    Words in Sch. 8A para. 3(4) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
  765. F555
    Words in Sch. 8A para. 3(4) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
  766. F556
    Sch. 8A para. 3(5) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
  767. F557
    Sch. 8A para. 3(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
  768. F558
    Words in Sch. 8A para. 12(5) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
  769. F559
    Sch. 8A para. 12(6) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
  770. F560
    Words in Sch. 8A para. 14(1)(a) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(5); 2020 c. 1, Sch. 5 para. 1(1)
  771. F561
    Sch. 8A para. 35 omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 30(6); 2020 c. 1, Sch. 5 para. 1(1)
  772. F562
    Word in Sch. 9 para. 5(1)(d)(i) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
  773. F563
    Sch. 9 para. 5(1)(d)(ii) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
  774. F564
    Sch. 9 para. 5(1)(d)(iv) and word omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
  775. F565
    Word in Sch. 9 para. 5(2)(a) inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
  776. F566
    Sch. 9 para. 5(2)(b) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
  777. F567
    Sch. 9 para. 5(2)(d) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
  778. F568
    Sch. 9 para. 8(b) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(4); 2020 c. 1, Sch. 5 para. 1(1)
  779. F569
    Words in Sch. 9 para. 9(a)(i) substituted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 31(6); 2020 c. 1, Sch. 5 para. 1(1)
  780. C85
    Pt. I Ch. I excluded (temp.) (11.1.2021) by The Competition Act 1998 (Groceries) (Public Policy Exclusion) Order 2020 (S.I. 2020/1568), arts. 1, 4 (with art. 7)
  781. C86
    S. 2(1) excluded (7.11.2021) by The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021 (S.I. 2021/1148), arts. 1(1), 3 (with art. 5)
  782. C87
    S. 2(1) excluded (7.11.2021) by The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021 (S.I. 2021/1148), arts. 1(1), 4 (with art. 5)
  783. C88
    S. 2(1) excluded (temp.) (15.11.2021) by The Competition Act 1998 (Carbon Dioxide) (Public Policy Exclusion) Order 2021 (S.I. 2021/1169), arts. 1(1), 4 (with art. 7)
  784. F570
    S. 54(1)(h) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 2; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  785. C89
    Ss. 46-49 applied in part (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  786. C90
    S. 6 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  787. C91
    S. 8 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  788. C92
    S. 3 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  789. C93
    S. 10 applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  790. C94
    S. 10A applied (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  791. C95
    Pt. 1 Ch. 3 applied in part (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  792. C96
    Pt. 1 Ch. 5 applied in part (31.10.2023) by The Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023 (S.I. 2023/80), arts. 1(3), 22
  793. C97
    Pt. 1: certain functions made exercisable concurrently (26.12.2023) by Energy Act 2023 (c. 52), ss. 37, 334(3)(a) (with s. 38)
  794. F571
    Word in s. 10 heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(a)
  795. F572
    Word in s. 10A heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(b)
  796. F573
    Word in Sch. 9 para. 9 heading substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(e)
  797. F574
    Word in s. 10(4)(b)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(a)
  798. F575
    Word in s. 10(12) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(a)
  799. F576
    Words in s. 10(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(a)
  800. F577
    Words in s. 10(4) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(a)
  801. F578
    Words in s. 10(A1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(a)
  802. F579
    Words in s. 10(5)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(a)
  803. F580
    Words in s. 10A(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
  804. F581
    Words in s. 10A(3) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
  805. F582
    Words in s. 10A(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(b)
  806. F583
    Words in s. 25(8)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(c)
  807. F584
    Words in s. 25(10) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(c)
  808. F585
    Word in s. 46(3)(e) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(c)
  809. F586
    Word in s. 59(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(2)(d)
  810. F587
    Words in Sch. 9 para. 9(a)(i) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 41(3)(d)
  811. F588
    Ss. 35A-35C and cross-headings inserted (24.5.2024 for specified purposes; 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 11 para. 6; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(1), 20)
  812. C98
    Ss. 26-29 powers extended (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)
  813. F589
    S. 40A(10)-(12) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(13); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  814. F590
    S. 71(6)-(8) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(5) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  815. F591
    S. 71(4A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(3) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  816. F592
    Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  817. F593
    Words in s. 71(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(2)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  818. C99
    S. 2(5) applied (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 119(5), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  819. F594
    S. 40A(1A) substituted for s. 40A(1) (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(3); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  820. F595
    S. 40A(2A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(5); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  821. F596
    S. 40A(3A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(7); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  822. F597
    S. 40A(7A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(10); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  823. F598
    Word in s. 40A heading substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  824. F599
    Words in s. 71(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  825. F600
    Words in s. 71(5)(a) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 1(4)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)
  826. C100
    Sch. 8A para. 7 applied (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(5), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  827. C101
    Sch. 8A para. 27 applied (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(5), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  828. F601
    Words in s. 40A(2) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(4); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  829. F602
    Words in s. 40A(3) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  830. F603
    Sum in S. 40A(3)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  831. F604
    Sum in S. 40A(3)(b) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(6)(c); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  832. F605
    Words in s. 40A(3)(c) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(6)(d); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  833. F606
    S. 40A(4)(5) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(8); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  834. F607
    Words in s. 40A(6)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(9)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  835. F608
    Words in s. 40A(6)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(9)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  836. F609
    Words in s. 40A(8) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(11); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  837. F610
    S. 40A(9) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 9(12); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(3), 20)
  838. F611
    S. 40A cross-heading substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 7; S.I. 2024/1226, regs. 1(2), 2(1)(14)
  839. F612
    Words in s. 47A cross-heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  840. F613
    Words in s. 47F cross-heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 5; S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  841. F614
    Words in s. 47F heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 6(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  842. F615
    Words in s. 32 cross-heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(1), 20)
  843. F616
    Word in s. 25A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 9(2); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  844. F617
    S. 42 heading substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 11(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  845. F618
    Words in Sch. 8A heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  846. F619
    Sch. 8A Pt. 8 omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(b), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  847. F620
    S. 25B inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 121(2), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  848. F621
    S. 40ZE inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 8; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 13(1)(2), 20)
  849. F622
    S. 44A and cross-heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(17) (with Sch. paras. 17(2), 20)
  850. F623
    S. 44B inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 15; S.I. 2024/1226, regs. 1(2), 2(1)(17)
  851. F624
    S. 47DA inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  852. F625
    S. 2(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 119(2), 339(1) (with s. 119(4)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  853. F626
    S. 2(3) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 119(3), 339(1) (with s. 119(4)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  854. F627
    Words in s. 3(3)(b)(ii) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 120(3), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  855. F628
    S. 19(3) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 120(4), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  856. F629
    S. 25A(1A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 9(3); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  857. F630
    Words in s. 25A(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 9(4)(a); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  858. F631
    Words in s. 25A(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 9(4)(b); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  859. F632
    Words in s. 25B(1) renumbered as s. 25B(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  860. F633
    S. 25B(1)(b) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  861. F634
    Words in s. 25B(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 10(3); S.I. 2024/1226, regs. 1(2), 2(1)(20)
  862. F635
    S. 26(3)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 2(4); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  863. F636
    Word in s. 26(3) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 2(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  864. F637
    Word in s. 26(3)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 2(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  865. F638
    Words in s. 26A(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 142(2)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  866. F639
    Words in s. 26A(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 142(2)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  867. F640
    Word in s. 26A(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 142(3), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  868. F641
    S. 26A(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 142(4), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  869. F642
    Word in s. 26A(5) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 3(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  870. F643
    Word in s. 26A(5)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 3(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  871. F644
    S. 26A(5)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 3(4); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  872. F645
    S. 27(2)(c) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(14)
  873. F646
    Words in s. 28(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  874. F647
    Words in s. 28(1)(b)(i) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  875. F648
    Words in s. 28(2)(f) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(3)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  876. F649
    Words in s. 28(1)(c) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(2)(c), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  877. F650
    S. 28(2)(g)-(i) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  878. F651
    Words in s. 28A(1)(b)(i) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(5)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  879. F652
    Words in s. 28A(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(5)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  880. F653
    Words in s. 28A(2)(f) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(6)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  881. F654
    Words in s. 28A(2)(g)-(i) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(6)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  882. F655
    Word in s. 29(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  883. F656
    Word in s. 29(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  884. F657
    S. 29(1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 5(4); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  885. F658
    S. 30(1A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 122(7), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 1, 20)
  886. F659
    S. 31A(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 2; S.I. 2024/1226, regs. 1(2), 2(1)(15)
  887. F660
    S. 31E(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 3; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(1), 20)
  888. F661
    S. 34(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 5; S.I. 2024/1226, regs. 1(2), 2(1)(15) (with Sch. paras. 16(1), 20)
  889. F662
    S. 40A(7)(d) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 11; S.I. 2024/1226, regs. 1(2), 2(1)(20)
  890. F663
    S. 40B(5A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(5); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  891. F664
    Words in s. 40B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  892. F665
    Word in s. 40B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  893. F666
    Word in s. 40B(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  894. F667
    Words in s. 40B(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(4); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  895. F668
    S. 40B(6) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 10(6); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  896. F669
    Words in s. 40ZD(3) renumbered as s. 40ZD(3)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 6(2); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  897. F670
    S. 40ZD(3)(b) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 6(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  898. F671
    Words in s. 40ZE(1)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 121(3), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  899. F672
    S. 42(8) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 11(3); S.I. 2024/1226, regs. 1(2), 2(1)(14)
  900. F673
    S. 43(1A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 12; S.I. 2024/1226, regs. 1(2), 2(1)(14)
  901. F674
    S. 44(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 13; S.I. 2024/1226, regs. 1(2), 2(1)(14)
  902. F675
    S. 46(3)(ha)(hb) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(1)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  903. F676
    Words in s. 46(3)(i) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(1)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  904. F677
    S. 47A(3A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 3; S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  905. F678
    S. 47C(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(1), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  906. F679
    Words in s. 47F inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 6(3); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  907. F680
    S. 49(1A)(c) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 7(3); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  908. F681
    Word in s. 49(1A)(a) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 7(2); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  909. F682
    Sch. 3 para. 8 omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 120(2), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  910. F683
    Words in Sch. 8 para. 3(A1)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(3)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  911. F684
    Words in Sch. 8 para. 3(A1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  912. F685
    Words in Sch. 8 para. 3A(1)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(4)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  913. F686
    Words in Sch. 8 para. 3A(1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(4)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
  914. F687
    Sch. 8A para. 2(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(3); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  915. F688
    Sch. 8A para. 7(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(6)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  916. F689
    Sch. 8A para. 9(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(4); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  917. F690
    Sch. 8A para. 10(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(5); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  918. F691
    Words in Sch. 8A para. 11(1)(b) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  919. F692
    Words in Sch. 8A para. 11(3) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  920. F693
    Sch. 8A para. 15 renumbered as Sch. 8A para. 15(1) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(i), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  921. F694
    Word in Sch. 8A para. 15(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(ii), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  922. F695
    Sch. 8A para. 15(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(a)(iii), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  923. F696
    Word in Sch. 8A para. 17(2)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(7); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  924. F697
    Sch. 8A para. 19(6A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(8); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  925. F698
    Words in Sch. 8A para. 21(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(9); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  926. F699
    Words in Sch. 8A para. 24(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(10)(a); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  927. F700
    Words in Sch. 8A para. 24(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(10)(a); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  928. F701
    Sch. 8A para. 24(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(10)(b); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  929. F702
    Words in Sch. 8A para. 28 inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(6)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  930. F703
    Words in Sch. 8A para. 29 inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(6)(c), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  931. F704
    Words in Sch. 8A para. 30(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 116(6)(d), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  932. F705
    Word in Sch. 8A para. 42(1) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 126(2)(c), 339(1) (with s. 126(3)-(5)); S.I. 2024/1226, regs. 1(2), 2(1)(2)
  933. F706
    Sch. 8A para. 42(1)(a)(b) substituted for words (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(11); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  934. F707
    Words in Sch. 8A para. 43 substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(12); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  935. F708
    Sch. 8A para. 44 omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 3 para. 8(13); S.I. 2024/1226, regs. 1(2), 2(1)(9) (with Sch. para. 4, 20)
  936. C102
    Pt. 1: certain functions made exercisable concurrently (E.W.S.) (27.1.2026 for specified purposes) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(4)(5), 46(2)(a)
  937. C103
    Pt. 1 modified (27.1.2026 for specified purposes) (E.W.S.) by The Heat Networks (Market Framework) (Great Britain) Regulations 2025 (S.I. 2025/269), regs. 1(4)(5), 46(3)(a)