Enterprise Act 2002 (c. 40)

(The document as of February, 2008)

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(iii) in sub-paragraph (7), for "if he" and "he is" there is substituted "if it" and "the OFT is" respectively;

(b) in paragraph 9--

(i) for "Director" (in each place) there is substituted "OFT";

(ii) in sub-paragraph (4), for "he" (in both places) and "him" there is substituted "it" and "the OFT" respectively;

(iii) in sub-paragraph (7), for "he" (in both places) there is substituted "it".

(52) In Schedule 5 (notification under Chapter 1: procedure)--

(a) for "Director" (in each place) there is substituted "OFT";

(b) in paragraph 3, for "he" (in the first place) and "his" there is substituted "it" and "its" respectively;

(i) for "he thinks" there is substituted "it thinks";

(ii) for "bringing it" there is substituted "bringing the application";

(iii) for "he is" there is substituted "the OFT is";

(iv) the words "for him" shall cease to have effect;

(d) in paragraph 5(3), for "him" there is substituted "it";

(e) in paragraph 6, for "he" and "his" (in both places) there is substituted "it" and "its" respectively.

(53) In Schedule 6 (notification under Chapter 2: procedure)--

(a) for "Director" (in each place) there is substituted "OFT";

(b) in paragraph 3(1) and (2), for "he" there is substituted "it";

(i) for "he thinks" there is substituted "it thinks";

(ii) for "bringing it" there is substituted "bringing the application";

(iii) for "he is" there is substituted "the OFT is";

(iv) the words "for him" shall cease to have effect;

(d) in paragraph 5(3), for "him" there is substituted "it";

(e) in paragraph 6, for "he" and "his" (in both places) there is substituted "it" and "its" respectively.

(54) In Schedule 8 (appeals)--

(a) for "Director" (in each place) there is substituted "OFT";

(b) in paragraph 2(2)(c), for "Director's exercise of his" there is substituted "OFT's exercise of its";

(55) In Schedule 9 (Director's rules), for "Director" (in each place), "he" (in each place), "Director's" (in each place) and "him" there is substituted "OFT", "it", "OFT's" and "it" respectively.

Greater London Authority Act 1999 (c. 29)

39 (1) The Greater London Authority Act 1999 is amended as follows.

(2) In section 235 (restrictions on disclosure of information)--

(a) in subsection (2)(c), for sub-paragraph (ii) there is substituted--

" (ii) the Office of Fair Trading, " ;

(b) in subsection (3), after paragraph (rr) there is inserted--

" (rs) the Enterprise Act 2002; " .

Financial Services and Markets Act 2000 (c. 8)

40 (1) The Financial Services and Markets Act 2000 is amended as follows.

(2) In section 159(1) (interpretation of Chapter 3 of Part 10), for the definition of "Director" there is substituted--

" "OFT"means the Office of Fair Trading; " .

(3) In section 160 (reports by Director General of Fair Trading)--

(a) for "Director" (in each place), "he" (in each place) and "him" there is substituted "OFT", "the OFT" and "it" respectively;

(b) in the sidenote, for "Director General of Fair Trading" there is substituted "OFT".

(4) In section 161 (power of Director to request information), for "Director" (in each place) and "him" (in each place) there is substituted "OFT" and "it" respectively.

(5) In section 162 (consideration by Competition Commission), for "Director" (in both places) and "he" there is substituted "OFT" and "the OFT" respectively.

(6) In section 194 (general grounds on which power of intervention is exercisable), in subsection (3), for "the Director General of Fair Trading" there is substituted "the Office of Fair Trading".

(7) In section 203 (power to prohibit the carrying on of Consumer Credit Act business)--

(a) in subsection (1)--

(i) for "the Director General of Fair Trading ("the Director")" there is substituted "the Office of Fair Trading ("the OFT")";

(ii) for "he" there is substituted "it";

(b) in subsection (2), for "Director" and "he" there is substituted "OFT" and "it" respectively;

and in the cross-heading before that section, for "Director General of Fair Trading" there is substituted "Office of Fair Trading".

(8) In section 204 (power to restrict the carrying on of Consumer Credit Act business), for "Director" (in each place) and "him" there is substituted "OFT" and "it" respectively.

(9) In section 295 (notification), for "Director" there is substituted "OFT".

(10) In section 303 (initial report by Director)--

(a) in subsection (1), for "Director" there is substituted "OFT";

(b) in subsection (2), for "Director", "him" and "his" there is substituted "OFT", "the OFT" and "its" respectively;

(d) in subsection (4), for "Director's", "he" and "his" there is substituted "OFT's", "it" and "its" respectively;

(e) in subsection (5), for "Director" and "he" there is substituted "OFT" and "the OFT" respectively;

(f) in the sidenote, for "Director" there is substituted "OFT";

and in the cross-heading before that section, for "Director General of Fair Trading" there is substituted "Office of Fair Trading".

(11) In section 304--

(a) for "Director" (in each place) and "he" (in each place) there is substituted "OFT" and "the OFT" respectively;

(b) in subsection (5)(b), for "him" there is substituted "the OFT".

(12) In section 305 (investigations by Director), for "Director" (in each place) and "him" (in each place) there is substituted "OFT" and "it" respectively.

(13) In section 306 (consideration by Competition Commission), for "Director's", "Director" (in each place) and "him" (in each place) there is substituted "OFT's", "OFT" and "the OFT" respectively.

(14) In--

(a) section 307 (recognition orders: role of the Treasury), and

(b) section 310 (procedure on exercise of certain powers by the Treasury),

for "Director" there is substituted "OFT".

(15) In section 313(1) (interpretation of Part 18), for the definition of "Director" there is substituted--

" "OFT"means the Office of Fair Trading; " .

(16) In section 399 (misleading the Director General of Fair Trading)--

(a) for "the Director General of Fair Trading" there is substituted "the Office of Fair Trading";

(b) in the sidenote, for "the Director General of Fair Trading" there is substituted "the OFT".

(17) In section 401 (proceedings for offences), in subsection (4), for "the Director General of Fair Trading" there is substituted "the Office of Fair Trading".

(18) In section 427(3)(a) (transitional provisions), for "the Director General of Fair Trading" there is substituted "the Office of Fair Trading".

(19) In Schedule 3 (EEA passport rights)--

(a) in paragraph 15(3), for "the Director General of Fair Trading" and "him" there is substituted "the Office of Fair Trading" and "it" respectively;

(b) in paragraph 23(2), for "the Director of Fair Trading" there is substituted "the Office of Fair Trading".

(20) In Schedule 14 (role of Competition Commission)--

(a) in paragraph 2(a), for "Director" and "it" there is substituted "OFT" and "the Commission" respectively;

(b) after paragraph 2 there is inserted--

" Investigations under section 162: application of Enterprise Act 2002

2A (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3), for the purposes of any investigation by the Commission under section 162 of this Act as they apply for the purposes of references under that Part--

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2) Section 110 shall, in its application by virtue of sub-paragraph (1), have effect as if--

(a) subsection (2) were omitted; and

(b) in subsection (9) the words from "or section" to "section 65(3))" were omitted.

(3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted--

" (ii) if earlier, the day on which the report of the Commission on the investigation concerned is made or, if the Commission decides not to make a report, the day on which the Commission makes the statement required by section 162(3) of the Financial Services and Markets Act 2000. "

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Commission in connection with an investigation under section 162 of this Act as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words "the OFT," and "or the Secretary of State" were omitted.

(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

Section 162: modification of Schedule 7 to the Competition Act 1998

2B For the purposes of its application in relation to the function of the Commission of deciding in accordance with section 162(2) of this Act not to make a report, paragraph 15(7) of Schedule 7 to the Competition Act 1998 (power of the Chairman to act on his own while a group is being constituted) has effect as if, after paragraph (a), there were inserted " ; or

(aa) in the case of an investigation under section 162 of the Financial Services and Markets Act 2000, decide not to make a report in accordance with subsection (2) of that section (decision not to make a report where no useful purpose would be served). "

Reports under section 162: further provision

2C (1) For the purposes of section 163 of this Act, a conclusion contained in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the investigation concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(2) If a member of a group so constituted disagrees with any conclusions contained in a report made under section 162 of this Act as the conclusions of the Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Commission under section 162. " ;

(21) In Schedule 16 (prohibitions and restrictions imposed by Director General of Fair Trading)--

(a) in the heading, for "DIRECTOR GENERAL OF FAIR TRADING" there is substituted "OFFICE OF FAIR TRADING";

(b) for "Director" (in each place), "his" (in each place), "he" (in both places) and "him" (in both places) there is substituted "OFT", "its", "the OFT" and "the OFT" respectively.

Terrorism Act 2000 (c. 11)

41 (1) The Terrorism Act 2000 is amended as follows.

(2) In Schedule 3A (regulated sector and supervisory authorities), in paragraph 4(1), for paragraph (d) there is substituted--

" (d) the Office of Fair Trading; " .

Postal Services Act 2000 (c. 26)

42 (1) The Postal Services Act 2000 is amended as follows.

(2) After section 15 (licence modification references to Commission) there is inserted--

" 15A References under section 15: time limits

(1) Every reference under section 15 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2) A report of the Competition Commission on a reference under section 15 shall not have effect (and no action shall be taken in relation to it under section 17) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Commission under subsection (3).

(3) The Commission may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4) No more than one extension is possible under subsection (3) in relation to the same reference.

(5) The Commission shall, in the case of an extension made by it under subsection (3)--

(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b) send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State.

15B References under section 15: application of Enterprise Act 2002

(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3), for the purposes of references under section 15 as they apply for the purposes of references under that Part--

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2) Section 110 shall, in its application by virtue of subsection (1), have effect as if--

(a) subsection (2) were omitted; and

(b) in subsection (9) the words from "or section" to "section 65(3))" were omitted.

(3) Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1), have effect as if--

(a) for the words "published (or, in the case of a report under section 50 or 65, given)" there were substituted "made";

(b) for the words "published (or given)", in both places where they appear, there were substituted "made"; and

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 15 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words "the OFT," and "or the Secretary of State" were omitted.

(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4), have effect in relation to those sections as applied by virtue of those subsections.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections. "

(3) After section 16 (reports on licence modification references), there is inserted--

" 16A Reports on references under section 15: further provision

(1) For the purposes of sections 17 and 18, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(2) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 15 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 15.

(4) In making any report on a reference under section 15 the Competition Commission must have regard to the following considerations before disclosing any information.

(5) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest

(6) The second consideration is the need to exclude from disclosure (so far as practicable)--

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual's interests.

(7) The third consideration is the extent to which the disclosure of the information mentioned in subsection (6)(a) or (b) is necessary for the purposes of the report. "

(4) After section 19 (procedural requirements in relation to modification) there is inserted--

" 19A Sections 18 and 19: further provision

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 19(6) or (8).

(2) In giving any notice under section 19(6) or (8), the Competition Commission must have regard to the following considerations before disclosing any information.

(3) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(4) The second consideration is the need to exclude from disclosure (so far as practicable)--

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual's interests.

(5) The third consideration is the extent to which the disclosure of the information mentioned in subsection (4)(a) or (b) is necessary for the purposes of the notice.

(6) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (7) and (8), in relation to any investigation by the Competition Commission for the purposes of the exercise of its functions under section 18 as they apply for the purposes of any investigation on references under that Part--

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(7) Section 110 shall, in its application by virtue of subsection (6), have effect as if--

(a) subsection (2) were omitted;

(b) in subsection (4), for the words from "the publication" to "reference concerned" there were substituted "the sending of a copy to the Secretary of State under section 19(11) of the Postal Services Act 2000 of the modifications made by the Competition Commission in connection with the reference concerned or, if no direction has been given by the Competition Commission under section 18(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period"; and

(8) Section 111(5)(b) shall, in its application by virtue of subsection (6), have effect as if for sub-paragraph (ii) there were substituted--

" (ii) if earlier, the day on which a copy of the modifications made by the Competition Commission in connection with the reference concerned is sent to the Secretary of State under section 19(11) of the Postal Services Act 2000 or, if no direction is given by the Competition Commission under section 18(2) of that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. "

(9) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under section 18 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words "the OFT," and "or the Secretary of State" were omitted.

(10) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (6) or (9), have effect in relation to those sections as applied by virtue of those subsections.

(11) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections. "

(5) Section 20 (application of competition legislation to references, etc.) shall cease to have effect.

(6) In section 57 (power of the Council to investigate other matters), in subsection (2), for paragraph (c) there is substituted--

" (c) the Office of Fair Trading, " .

(7) In Schedule 7 (disclosure of information), in paragraph 3--

(a) in sub-paragraph (2), for paragraph (d) there is substituted--

" (d) the Office of Fair Trading, " ;

(b) in sub-paragraph (3), after paragraph (gg) there is inserted--

" (gh) the Enterprise Act 2002, " .

Utilities Act 2000 (c. 27)

43 (1) The Utilities Act 2000 is amended as follows.

(2) In section 5(9) (annual and other reports of the Authority), for "Section 125(1) of the Fair Trading Act 1973 (annual and other reports)" there is substituted "Paragraph 12A(1) of Schedule 7 to the Competition Act 1998 (annual reports of the Competition Commission)".

(3) In section 105 (general restrictions on disclosure of information)--

(a) in subsection (5), for paragraph (c) there is substituted--

" (c) the Office of Fair Trading; " ;

(b) in subsection (6), after paragraph (r) there is inserted--

" (s) the Enterprise Act 2002 " ;

(i) for "the Director General of Fair Trading" there is substituted "the Office of Fair Trading";

(ii) for "sections 55 and 56 of that Act (disclosure)" there is substituted "Part 9 of the Enterprise Act 2002 (Information)".

Transport Act 2000 (c. 38)

44 (1) The Transport Act 2000 is amended as follows.

(2) In section 12 (licence modification references to Commission), subsections (9), (10) and (11) shall cease to have effect.

(3) After section 12 there is inserted--

" 12A References under section 12: time limits

(1) Every reference under section 12 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.

(2) A report of the Competition Commission on a reference under section 12 shall not have effect (and no action shall be taken in relation to it under section 14) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the CAA under subsection (3).

(3) The CAA may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.

(4) No more than one extension is possible under subsection (3) in relation to the same reference.

(5) The CAA shall, in the case of an extension made by it under subsection (3)--

(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and

(b) send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State.

12B References under section 12: application of Enterprise Act 2002

(1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3), for the purposes of references under section 12 as they apply for the purposes of references under that Part--

(a) section 109 (attendance of witnesses and production of documents etc.);

(b) section 110 (enforcement of powers under section 109: general);

(d) section 112 (penalties: main procedural requirements);

(e) section 113 (payments and interest by instalments);

(f) section 114 (appeals in relation to penalties);

(g) section 115 (recovery of penalties); and

(h) section 116 (statement of policy).

(2) Section 110 shall, in its application by virtue of subsection (1), have effect as if--

(a) subsection (2) were omitted; and

(b) in subsection (9) the words from "or section" to "section 65(3))" were omitted.

(3) Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1), have effect as if--

(a) for the words "published (or, in the case of a report under section 50 or 65, given)" there were substituted "made";

(b) for the words "published (or given)", in both places where they appear, there were substituted "made"; and

(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 12 as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words "the OFT," and "or the Secretary of State" were omitted.

(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) or (4), have effect in relation to those sections as applied by virtue of those subsections.

(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections. "

(4) In section 13 (reports on licence modification references)--

(a) after subsection (1) there is inserted--

" (1A) For the purposes of sections 14 to 17, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.

(1B) If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under section 12 as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing. " ;

(b) for subsection (2) there is substituted--

" (2) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under section 12.

(2A) In making any report on a reference under section 12 the Competition Commission must have regard to the following considerations before disclosing any information.

(2B) The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest.

(2C) The second consideration is the need to exclude from disclosure (so far as practicable)--

(a) commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or

(b) information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual's interests.

(2D) The third consideration is the extent to which the disclosure of the information mentioned in subsection (2C)(a) or (b) is necessary for the purposes of the report. "

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