Enterprise Act 2002 (c. 40)

(The document as of February, 2008)

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(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. "

(5) For section 18 (provisions supplementary to exercise by Commission of functions under sections 15 and 16) there is substituted--

" 18 Sections 15 and 16: general

(1) For the purposes of the law relating to defamation, absolute privilege attaches to any notice under section 15(4) or 16(4) or (6).

(2) In publishing or serving any notice under section 15(4) or 16(4) or (6), 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), for the purposes of any investigation by the Competition Commission for the purposes of the exercise of its functions under section 15 or 16, 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 "the publication of the report of the Commission on the reference concerned" there were substituted "the publication by the Commission of a notice under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction has been given by the Commission under section 15(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 notice is published by the Commission under section 16(6) of the Transport Act 2000 in connection with the reference concerned or, if no direction is given by the Commission under section 15(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 15 or 16 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. "

(6) In section 85 (interpretation of Chapter 5), in subsection (1), for paragraph (c) there is substituted--

" (c) the OFT is the Office of Fair Trading. "

(7) In section 86 (functions exercisable by CAA and the Director)--

(a) in subsections (1), (4) and (7), for "the Director" there is substituted "the OFT";

(b) in subsection (3), for "the Director's" there is substituted "the OFT's".

(8) In section 89 (carrying out functions)--

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

(b) in subsection (2), for "he or it" there is substituted "it".

(9) In section 90 (publication of information and advice)--

(a) in subsection (6), for "The Director must consult the CAA before publishing under section 124 of the 1973 Act" there is substituted "The Office of Fair Trading must consult the CAA before publishing under section 6 of the Enterprise Act 2002";

(b) subsection (8) shall cease to have effect.

(10) In section 91 (review and information)--

(a) in subsections (3) and (4), for "the Director" (in each place) there is substituted "the Office of Fair Trading";

(b) subsection (5) shall cease to have effect.

(11) In Schedule 9 (air traffic: information)--

(a) in paragraph 3--

(i) in sub-paragraph (2), for paragraph (b) there is substituted--

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

(ii) in sub-paragraph (3), after paragraph (r) there is inserted--

" (ra) the Enterprise Act 2002; "

(b) in paragraph 5, in sub-paragraph (3), for "Director General of Fair Trading" there is substituted "the Office of Fair Trading".

(12) In Schedule 10 (competition test for exercise of bus functions)--

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

(b) in paragraph 3(1), for "the Director General of Fair Trading (in this Schedule referred to as "the Director") for him" there is substituted "the Office of Fair Trading (in this Schedule referred to as "the OFT") for 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 4--

(i) in sub-paragraph (4), for "he" (in both places) there is substituted "it";

(ii) in sub-paragraph (5), for "him" there is substituted "it";

(e) in paragraph 5, for "he" there is substituted "it";

(f) in paragraph 6(1), for "him" (in each place) and "he" there is substituted "it" and "the OFT" respectively;

(g) in paragraph 9, for "he" there is substituted "the OFT";

(h) in paragraph 10, for "he" and "his" (in both places) there is substituted "the OFT" and "its" respectively;

(i) in paragraph 11, for "he" (in each place) and "his" (in both places) there is substituted "the OFT" and "its" respectively;

(j) in paragraph 12(1), for "he" (in both places) there is substituted "the OFT";

(k) in paragraphs 13 to 15, for "his" (in each place) there is substituted "its";

(l) in paragraph 16, for "him" and "his" there is substituted "the OFT" and "its" respectively.

Section 278

SCHEDULE 26 Repeals and revocations

Reference	Extent of repeal or revocation
Registered Designs Act 1949 (c. 88)	In section 11A(1), paragraphs (a) and (b).
Agricultural Marketing Act 1958 (c. 47)	In section 19A(2), the words from the beginning of the subsection to "this section".
Public Records Act 1958 (c. 51)	In Schedule 1, in Part 2, the entry relating to the Office of the Director General of Fair Trading.
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entry relating to the Office of the Director General of Fair Trading.
Trade Descriptions Act 1968 (c. 29)	Section 28(5) and (5A).
Local Government Act 1972 (c. 70)	Section 81(1) and (2).
Fair Trading Act 1973 (c. 41)	Sections 1 to 3. In section 5-- in subsection (1), paragraph (a) and the word "or" at the end of it, and paragraph (c) and the word "or" before it; subsection (3). Sections 6 to 22. In section 30, subsection (3) and, in subsection (5), the words ", subsection (3)". Sections 34 to 42. Sections 44 to 56G. Sections 63 to 76. In section 77-- subsection (1)(b) and (c); in subsection (2), paragraph (b) and the word "or" before it; subsection (3); in subsection (5), paragraph (b) and the word "and" before it. Sections 78 to 81. In section 82-- in subsection (1), the words "the Advisory Committee or", and, in paragraph (b), the words "the Advisory Committee or of" and the words ", as the case may be,"; in subsection (2), the words "the Advisory Committee or of"; subsection (3); in subsection (4), the words "other than a monopoly reference limited to the facts". In section 83-- in subsection (1), the words from "any report of the Advisory Committee" to "applies, or"; in subsections (3) and (4), the words "of the Advisory Committee or". Section 84. Section 86. Sections 88 to 93A. In section 93B(1), the words "or under the Competition Act 1980". Sections 124 and 125. In section 129(4), the words "or 46(2)". Sections 130 and 131. In section 132(1), the words "section 46,". Section 133. In section 137(2), the definitions of "the Advisory Committee" and "the Director". In section 138, the words "Parts II and III,". Schedules 1, 2 and 4 to 9. In Schedule 12, the entry relating to the Public Records Act 1958.
Prices Act 1974 (c. 24)	In the Schedule, paragraph 12.
Consumer Credit Act 1974 (c. 39)	Section 5. Section 161(2). Section 174. In section 189(1), the definition of "Director". In Schedule 4, paragraph 28.
House of Commons Disqualification Act 1975 (c. 24)	In Schedule 1, in Part 3, the entry relating to the Director General of Fair Trading.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Schedule 1, in Part 3, the entry relating to the Director General of Fair Trading.
Patents Act 1977 (c. 37)	In section 51(1), paragraphs (a) and (b). In Schedule 5, paragraph 7.
Estate Agents Act 1979 (c. 38)	Section 9(5). Section 10. Section 26(2). In section 33(1), the definition of "Director".
Competition Act 1980 (c. 21)	In section 11, in subsection (1), paragraph (c) and the word "or" before it, and subsections (2), (9) and (9A). Section 13. In section 16, subsection (1) and, in subsection (2), the words "or of the Director". In section 17, in subsections (1), (3) and (4), the words "or 13(5)". Section 18. In section 19, subsections (1) to (3), (4)(c), (d) and (f) and (5) and (6). Sections 20, 21 and 24. In section 31, in subsection (1), the words "or regulations", in subsection (3), the words "regulations under this Act or", and subsection (4).
Telecommunications Act 1984 (c. 12)	In section 13, subsections (9) and (9A). In section 50-- subsection (1); in subsection (6), the words from "or paragraph" to "Act 1994"; subsection (7). In Schedule 4, paragraphs 57, 60(2), 72 and 73.
Dentists Act 1984 (c. 24)	In Schedule 5, paragraph 6.
Companies Consolidation (Consequential Provisions) Act 1985 (c. 9)	In Schedule 2, the entry relating to section 92 of the Fair Trading Act 1973.
Administration of Justice Act 1985 (c. 61)	In section 60(6), the words "in paragraph 10A of Schedule 4 to the Fair Trading Act 1973 and".
Insolvency Act 1985 (c. 65)	In Schedule 8, paragraph 22.
Bankruptcy (Scotland) Act 1985 (c. 66)	In Schedule 3, paragraphs 1 to 3 and 8 to 8C.
Weights and Measures Act 1985 (c. 72)	In Schedule 12, paragraph 6.
Airports Act 1986 (c. 31)	In section 44, subsections (3) and (3A). In section 54, subsection (3). In Schedule 4, paragraphs 3, 4, 6 and 7.
Gas Act 1986 (c. 44)	In section 24, subsections (7) and (7A). In section 26A, subsections (12) and (13). Section 27(3) and (4). In section 36A, subsections (1) and (9). In section 41E, subsections (7) and (8). In Schedule 7, paragraphs 15, 19, 27 and 28.
Insolvency Act 1986 (c. 45)	In section 212-- in subsection (1)(b), the word ", administrator"; in subsection (2), in each place, the words "or administrator"; in subsection (4), the words "or administrator". Section 230(1). In section 231, in each place, the word "administrator,". In section 232, the word "administrator,". In section 240(1), the word "and" before paragraph (c). In section 245(3), the word "or" before paragraph (c). Section 275. Section 282(5). In section 292(1)(a), the words "except at a time when a certificate for the summary administration of the bankrupt's estate is in force,". In section 293(1), the words "and no certificate for the summary administration of the bankrupt's estate has been issued,". In section 294(1), paragraph (b) and the word "and" before it. In section 297-- subsections (2) and (3); in subsection (4), the words "but no certificate for the summary administration of the estate is issued". Section 298(3). In section 300-- subsection (5); in subsections (6) and (7), the words "or (5)". In section 310(1), the words ", on the application of the trustee,". Sections 361 and 362. Section 405. In section 427-- in subsection (1), the words "England and Wales or"; subsection (7). In Schedule 6, paragraphs 1 to 7. In Schedule 10-- the entry for section 12(2); the entry for section 15(8); the entry for section 18(5); the entry for section 21(3); the entry for section 22(6); the entry for section 23(3); the entry for section 24(7); the entry for section 27(6); in the entry for section 31, the word "Undischarged"; the entries for sections 361 and 362.
Consumer Protection Act 1987 (c. 43)	Section 38. In Schedule 4, paragraphs 2(2), 3, 4 and 7.
Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))	In Schedule 3, paragraphs 2 and 4.
Income and Corporation Taxes Act 1988 (c. 1)	In Schedule 29, in paragraph 32, in the Table, the references relating to the Insolvency Act 1986.
Criminal Justice Act 1988 (c. 33)	Section 62(2)(a).
Copyright, Designs and Patents Act 1988 (c. 48)	In Schedule 7, paragraph 15.
Control of Misleading Advertisements Regulations 1988 (S.I. 1988/915)	Regulation 7(6)(a), (b), (d) and (e).
Water Act 1989 (c. 15)	In Schedule 25, paragraphs 45(3), 47, 57 and 59(2).
Electricity Act 1989 (c. 29)	In section 12, subsections (8) and (8A). In section 14A, subsections (12) and (13). In section 43-- subsection (1); in subsection (6), the words from "or paragraph" to "Act 1994"; subsection (7). In section 56C, subsections (7) and (8). In Schedule 16, paragraphs 16, 17(2), 24, 25 and 36.
Companies Act 1989 (c. 40)	Sections 146 to 150. Section 152. In Schedule 14, paragraphs 4(5) and 8. In Schedule 20, paragraphs 3 to 11, 14 to 16 and 19.
Courts and Legal Services Act 1990 (c. 41)	Section 46(3). In section 119(1), the definition of "the Director". In Schedule 18, paragraphs 4, 6, 22 and 23.
Broadcasting Act 1990 (c. 42)	Section 187(3). Section 192. In section 194A(9), the definition of "Director". In Schedule 4, in paragraph 4, sub-paragraphs (7) and (7A), in paragraph 5, sub-paragraph (5), in paragraph 8, sub-paragraphs (3) and (4) and, in paragraph 10, the definition of "the Director". In Schedule 20, paragraphs 20 and 28.
EEC Merger Control (Consequential Provisions) Regulations 1990 (S.I. 1990/ 1563)	Regulation 2.
Property Misdescriptions Act 1991 (c. 29)	In the Schedule, paragraphs 2 and 7.
Finance Act 1991 (c. 31)	In Schedule 2, paragraphs 21A and 22.
Water Industry Act 1991 (c. 56)	In section 14, subsections (7) and (7A) . In section 31-- subsection (1); in subsection (8), the words from "or paragraph" to "Act 1994"; subsection (9). In section 36(1), the definition of "the 1973 Act" and the word "and" at the end of it.
Water Consolidation (Consequential Provisions) Act 1991 (c. 60)	In Schedule 1, paragraphs 24, 26, 33, 34 and 52.
Social Security (Consequential Provisions) Act 1992 (c. 6)	In Schedule 2, paragraph 73.
Timeshare Act 1992 (c. 35)	In Schedule 2, paragraphs 2(1) and 5.
Electricity (Northern Ireland) Order 1992 (S.I. 1992/ 231 (N.I. 1))	Article 15(8) and (8A). In Article 46, paragraph (1), in paragraph (6), the words from "or paragraph" to "Act 1994", and paragraph (7). In Schedule 12, paragraphs 9, 10, 14, 20, 21 and 31.
Finance Act 1993 (c. 34)	Section 36(1) to (3).
Railways Act 1993 (c. 43)	In section 4, in subsection (2)(a), the words from "in cases where" to "market", and subsection (8). Section 13(8) and (8A). Section 66(1) and (2). In section 67-- subsection (1); in subsection (7), the words from "was made" to "that it"; in subsection (8), the words from "or paragraph" to "Act 1994"; subsection (10). In section 83(1), the definition of "the Director". In Schedule 12, paragraphs 7, 8, 11, 12(2) and (3) and 26.
Finance Act 1994 (c. 9)	In Schedule 6, paragraph 13(1) and (2). In Schedule 7, paragraph 7(2).
Coal Industry Act 1994 (c. 21)	In Schedule 9, paragraphs 14, 15, 21 and 23.
Value Added Tax Act 1994 (c. 23)	In Schedule 14, paragraph 8.
Deregulation and Contracting Out Act 1994 (c. 40)	Section 7(1). Section 9. Schedule 2. In Schedule 4, paragraph 2. In Schedule 11, paragraphs 2(3) and (4) and 4(6).
Airports (Northern Ireland) Order 1994 (S.I. 1994/426)	Article 35(3) and (3A). In Article 45, paragraph (3). In Schedule 9, paragraphs 2, 4, 7 and 8.
Finance Act 1995 (c. 4)	In section 17, the words "section 386(1) of the Insolvency Act 1986) (categories of preferential debts) and".
Finance Act 1996 (c. 8)	In Schedule 5, paragraph 12(1) and (2).
Employment Rights Act 1996 (c. 18)	In sections 166(7)(a) and 183(3)(a), the words "or an administration order." Section 189(4).
Channel Tunnel Rail Link Act 1996 (c. 61)	Section 22(1).
Gas (Northern Ireland) Order 1996 (S.I. 1996/ 275 (N.I. 2))	Article 15(9) and (9A). Article 18(3). Article 23(1) and (8). In Schedule 6, the entries relating to sections 16 and 133 of the Fair Trading Act 1973, the entry relating to the Estate Agents Act 1979, the entry relating to the Competition Act 1980 and the entries relating to section 38 of the Consumer Protection Act 1987.
Deregulation (Fair Trading Act 1973)(Amendment)(Merger Reference Time Limits) Order 1996 (S.I. 1996/345)	The whole Order.
Finance Act 1997 (c. 16)	In Schedule 2, paragraph 6.
Justices of the Peace Act 1997 (c. 25)	Section 65.
Competition Act 1998 (c. 41)	In section 3(1), paragraph (d) and the word "or" before it. Section 46(3)(h). Section 48. Sections 55 and 56. In section 59(1), the definitions of "appeal tribunal" and "the Director". In section 61(1), the definition of "the Director". Sections 66 and 67. Schedule 4. In Schedule 5, in paragraph 5(2), the words "for him". In Schedule 6, in paragraph 5(2), the words "for him". In Schedule 7-- in paragraph 1, the definitions of "appeal panel member" and "President" and, in the definition of "general functions", paragraph (a) and the word "or" at the end of it; paragraph 2(1)(a), (3)(a) and (4); paragraph 4; in paragraph 5, in sub-paragraph (1), the word "management", sub-paragraph (2)(b) and, in sub-paragraph (3), the words "and paragraph 5 of Schedule 8"; paragraph 6(5); paragraph 7(4); in paragraph 9, sub-paragraph (2) and in sub-paragraph (3), the words "and the President". paragraph 10; in paragraph 15(7), paragraph (b) and the word "or" before it; paragraphs 23 to 27. In Schedule 8, paragraphs 1 and 4 to 14. In Schedule 10-- paragraph 1; paragraph 2(7) and (10); paragraph 3(6) and (9) to (11); paragraph 4(6) and (9); paragraph 5(7), (9), (10) and (13); paragraph 6(6) and (9); paragraph 7(6) and (9); paragraph 8(6) and (9) to (11); paragraph 9(5); paragraph 10(4); paragraph 12(4) and (6); paragraph 13(8); paragraph 15(4); paragraph 17(6). Schedule 11. In Schedule 12-- paragraph 1(4) to (7) and (14); paragraph 3; paragraph 4(3), (4), (9), (10), (12) and (15)(a); paragraph 10.
Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999 (S.I. 1999/ 506)	Article 22.
Financial Services and Markets Act 2000 (c. 8)	Section 351(1) to (3) and (7). In Schedule 14, paragraph 3. Schedule 19.
Finance Act 2000 (c. 17)	In Schedule 7, paragraphs 2 and 3.
Regulation of Investigatory Powers Act 2000 (c. 23)	In section 32(6), the word "and" at the end of paragraph (l). Pages: P.1 \| P.2 \| P.3 \| P.4 \| P.5 \| P.6 \| P.7 \| P.8 \| P.9 \| P.10 \| P.11 \| P.12 \| P.13 \| P.14 \| P.15 \| P.16 \| P.17 \| P.18 \| P.19 \| P.20 \| P.21 \| P.22 \| P.23 \| P.24 \| P.25 \| P.26 \| P.27 \| P.28 \| P.29 \| P.30 \| P.31 \| P.32 \| P.33 \| P.34 \| P.35 \| P.36 \| P.37 \| P.38 \| P.39 -- Back -- Stat	Other