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STATUTORY INSTRUMENTS


2003 No. 1397 (C. 60)

COMPETITION

CONSUMER PROTECTION

The Enterprise Act 2002 (Commencement No. 3, Transitional and Transitory Provisions and Savings)Order 2003

  Made 28th May 2003 

The Secretary of State, in exercise of the powers conferred upon her by sections 276(2) and 279 of and paragraph 19(1) of Schedule 24 to the Enterprise Act 2002[1], hereby makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Enterprise Act 2002 (Commencement No.3, Transitional and Transitory Provisions and Savings) Order 2003.

    (2) In this Order "the Act" means the Enterprise Act 2002.

    (3) In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

Provisions of the Act commenced by this Order
    
2.  - (1) 20th June 2003 is the appointed day for the coming into force of the provisions of the Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.

    (2) 20th June 2003 is "the appointed day" for the purposes of paragraphs 13 to 18 of Schedule 24 to the Act.

Exception for mergers of water or sewerage undertakers; transitory provisions etc. relating to such mergers
    
3.  - (1) Where the Schedule to this Order states that any amendment, repeal or revocation comes into force for all purposes subject to this paragraph, it does not come into force for purposes relating to - 

    (2) The modifications in paragraphs (3) to (5) apply until the coming into force of section 70 and Schedule 6 (which are to replace sections 32 to 35 of the Water Industry Act 1991).

    (3) Section 35(4) of the Water Industry Act 1991 shall have effect as if for the words from "the Secretary of State" to "the 1973 Act" there were substituted "the OFT or the Secretary of State, in a case in which, or to any extent to which, the Secretary of State is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act".

    (4) Paragraph 5 of Schedule 1 to the Competition Act 1998[3] shall have effect as if in paragraph (d) for "OFT" there were substituted "Secretary of State".

    (5) Section 121 shall have effect as if the following were omitted - 

    (6) Paragraph 13 of Schedule 24 shall not apply in any case in which the Secretary of State is required to make a reference under section 32 of the Water Industry Act 1991.

Transitional provisions relating to merger references
     4.  - (1) Subject to paragraphs 15 to 18 of Schedule 24, the old law shall in particular continue to apply in relation to the enforcement, variation or release of any undertakings accepted before the appointed day under section 75G or 88 of the 1973 Act in relation to any relevant arrangements which are not otherwise dealt with by paragraph 13 of Schedule 24.

    (2) The power of the decision-making authority under section 27(5) or 29(1) (including those provisions as applied by any enactment) in relation to events or transactions is exercisable in relation to a merger which has occurred before the appointed day where the merger forms part of successive events or a series of transactions which include at least one event or transaction to which the new law applies.

    (3) Where the decision-making authority exercises its power as mentioned in paragraph (2) in relation to a merger which has occurred before the appointed day, paragraph 13(1) of Schedule 24 shall accordingly cease to apply in relation to the merger.

    (4) In this article - 

Savings related to section 47 of the Competition Act 1998
    
5. The commencement of section 17 shall not have effect in relation to any decision made before the 20th June 2003 and any application to the OFT or appeal to the Competition Appeal Tribunal in relation to such a decision may be made or proceeded with notwithstanding the commencement of section 17.

Savings in relation to orders and undertakings to which the Fair Trading Act 1973 applies by virtue of Schedule 11 to the Fair Trading Act 1973
    
6. The commencement of the amendments, repeals and revocations in Schedules 25 and 26 relating to the 1973 Act[4] shall not have effect in relation to - 

Savings relating to proceedings under Part III of the Fair Trading Act 1973
     7. Where any proceedings have been commenced under Part III of the 1973 Act before the 20th June 2003 then those proceedings shall not be affected by the repeal of Part III but may be continued until they are finally determined (including any appeals that may be brought) and the Court may make any order that it could have made on the application had Part III not been repealed.

Savings relating to existing references and investigations to the Competition Commission under various regulatory statutes
    
8. The commencement of the provisions of Schedules 11, 25 and 26 shall not have effect in relation to any reference that is made (or, in the case of the Financial Services and Markets Act 2000[5], any investigation that is commenced) before the 20th June 2003 under any of the following provisions - 

Savings related to the last annual report of the Director General of Fair Trading
     9. The commencement of the repeal of section 125 of the 1973 Act and section 5 of the Consumer Credit Act 1974[19] shall not have effect in relation to the making, laying and publishing of the annual report referred to in paragraph 5 of Schedule 24.

Savings related to repeals
     10. The commencement by this Order of the repeal of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

Savings related to the application of section 6 of the Fair Trading Act 1973
    
11. The commencement of the repeal of section 6 of the 1973 Act shall not have effect in relation to the references to that section in the Telecommunications (Licence Modification) (Mobile Public Telecommunication Operators) Regulations 1999[20], the Telecommunications (Licence Modification) (British Telecommunications plc) Regulations 1999[21] or the Telecommunications (Licence Modification) (Kingston Communications (Hull) plc) Regulations 1999[22].

Savings related to action taken following certain monopoly and other references
     12. The commencement of the provisions of Schedules 25 and 26 in relation to the Registered Designs Act 1949[23], the Agricultural Marketing Act 1958[24], the Patents Act 1977[25] and the Agricultural Marketing (Northern Ireland) Order 1982[26] shall not have effect to prevent the taking of any action, or to affect the enforcement of any requirement or licence terms resulting from any action taken, pursuant to these enactments following a report of the Commission made before the 20th June 2003.


Stephen Timms,
Minister of State for E-Commerce and Competitiveness, Department of Trade and Industry

28th May 2003



SCHEDULE
Article 2


Provisions of the Act coming into force on 20th June 2003


Provisions of the Act Purpose
Sections 5, 6 and 7 (general functions of OFT) For all purposes
Section 11 (super-complaints to OFT) For all purposes
Section 14(6)(constitution of tribunal, etc) For all remaining purposes
Sections 16 to 20 (the Competition Appeal Tribunal) For all purposes
Sections 22 to 69, 71 to 120 (mergers) For all purposes
Section 121 (fees) For all purposes
Sections 122 to 130 (mergers) For all purposes
Part 4 (market investigations) For all purposes
Section 185 (the Commission) For the purposes of the provisions of Schedule 11 brought into force by this Order
Section 187 (Commission rules of procedure) For all purposes
Part 6 (cartel offence) For all purposes
Sections 203 to 206, 208 and 209 (miscellaneous competition provisions) For all purposes
Part 8 (enforcement of certain consumer legislation) For all purposes
Part 9 (information) For all purposes
Section 276(1) (transitional or transitory provision and savings) For all remaining purposes
Section 278 (minor and consequential amendments and repeals) For the purpose of the provisions of Schedules 25 and 26 brought into force by this Order
In Schedule 4 (tribunal: procedure) -  For all purposes
paragraphs 2 to 26

    
In Schedule 5 (proceedings under Part 1 of the 1998 Act) -  For all remaining purposes
paragraphs 5 to 8     
Schedule 7 (enforcement regime for public interest and special public interest cases) For all purposes
Schedule 8 (provision that may be contained in certain enforcement orders) For all purposes
In Schedule 9 (certain amendments of sectoral enactments) -   
paragraphs 1 to 6, 8(b) and 9 to 26

For all purposes
paragraph 7

For all purposes, subject to Article 3(1) in the case of the amendment to section 17 of the Water Industry Act 1991
Schedule 10 (procedural requirements for certain enforcement undertakings and orders) For all purposes
In Schedule 11 (the Competition Commission) -      
paragraph 1

For the purpose of commencing the provisions of Schedule 11 brought into force by this Order
paragraphs 3(c), 4(d), 9

For all purposes
paragraph 10(1)

For the purpose of commencing the provisions of paragraph 10 brought into force by this Order
paragraphs 10(2) and 10(5)

For all purposes
paragraphs 10(4) and 11

For all purposes, subject to Article 3(1) in the case of the amendments of paragraphs 15(7) and 20 of Schedule 7 to the Competition Act 1998
Schedule 12 (Competition Commission: certain procedural rules) For all purposes
Schedule 13 (listed directives) For all purposes
Schedule 14 (specified functions) For all purposes
Schedule 15 (enactments conferring functions) For all purposes
In Schedule 24 (transitional and transitory provisions and savings) -      
paragraphs 13 to 19 and 21

For all purposes
In Schedule 25 (minor and consequential amendments) -      
paragraphs 1(1), 8(1), 18(1) and 38(1)

For the purpose of the other entries in paragraphs 1, 8, 18 and 38 commenced by this Order
paragraphs 2(1), 5(1), 13(1), 14(1), 15(1), 20(1), 21(1), 24(1), 25(1), 28(1), 30(1), 33(1), 36(1), 40(1), 42(1), 43(1), 44(1)

For all remaining purposes
paragraphs 1(2), 8(3) and 18(2) to (5) For all purposes, subject to Article 3(1) in the case of the amendments to paragraph (b) in section 11A(1) of the Registered Designs Act 1949,[27] paragraph (b) in section 51(1) of the Patents Act 1977,[28] and sections 144 and 238 of and Schedule 2A to the Copyright, Designs and Patents Act 1988[29]
paragraphs 1(3), 2(2), 2(3), 5(3), 5(4)(a)(ii), 5(4)(a)(iii), 5(4)(b), 8(2), 8(4), 10, 12, 13(3) to 13(5), 13(7), 13(8)(a), 13(9)(c)(ii), 13(10), 14(2) to 14(4), 15(3) to 15(6), 15(11) to 15(13), 20(3) to 20(6), 20(10)(b), 20(11), 20(12), 20(13), 21(4)(g), 24(9)(d)(ii), 24(9)(e), 24(9)(f)(ii), 24(9)(f)(iii), 24(9)(i)(iii), 24(9)(j), 25(3) to 25(6), 25(9), 25(10)(b), 28(2) to 28(4), 28(7)(b), 29, 30(2)(a), 30(2)(c), 30(3) to 30(6), 30(8), 30(11)(b), 30(15), 31, 33(2) to 33(4), 36(2) to 36(4), 36(7), 36(8), 38(35), 38(49), 40(20)(b) and 40(20)(c), 42(2) to 42(4), 42(5), 43(3)(c)(ii) and 44(2) to 44(5)

For all purposes
paragraphs 38(2) and 38(50)(a) to (c) For all purposes, subject to Article 3(1) in the case of the amendments to the existing references to the Fair Trading Act 1973 in section 3(4)(b) of and paragraphs 1 and 2 of Schedule 1 to the Competition Act 1998[30]
paragraph 38(50)(d)

For all purposes
In Schedule 26 (repeals and revocations) all the entries relating to the -      
Agricultural Marketing Act 1958[31]

For all purposes
Trade Descriptions Act 1968[32]

For all purposes
Prices Act 1974[33]

For all purposes
Telecommunications Act 1984[34]

For all purposes
Companies Consolidation (Consequential Provisions) Act 1985[35]

For all purposes, subject to Article 3(1)

Weights and Measures Act 1985[36]

For all purposes
Airports Act 1986[37]

For all purposes
Consumer Protection Act 1987[38]

For all purposes
Copyright, Designs and Patents Act 1988

For all purposes
Consumer Protection (Northern Ireland) Order 1987[39]

For all purposes
Control of Misleading Advertisements Regulations 1988[40]

For all purposes
Water Act 1989[41]

For all purposes
EEC Merger Control (Consequential Provisions) Regulations 1990[42]

For all purposes, subject to Article 3(1)
Property Misdescriptions Act 1991[43]

For all purposes
Timeshare Act 1992[44]

For all purposes
Coal Industry Act 1994[45]

For all purposes
Airports (Northern Ireland) Order 1994[46]

For all purposes
Channel Tunnel Rail Link Act 1996[47]

For all purposes
Deregulation (Fair Trading Act 1973) (Amendment) (Merger Reference Time Limits) Order 1996[48]

For all purposes, subject to Article 3(1)
Competition Act 1998 (Competition Commission) Transitional, Consequential and Supplemental Provisions Order 1999[49]

For all purposes
Financial Services and Markets Act 2000[50]

For all purposes
Regulation of Investigatory Powers Act 2000[51]

For all purposes
Postal Services Act 2000[52]

For all purposes
Utilities Act 2000[53]

For all purposes
Transport Act 2000[54]

For all purposes
Competition Act 1998 (Transitional, Consequential and Supplemental Provisions) Order 2000[55]

For all purposes
Anti-terrorism, Crime and Security Act 2001[56]

For all purposes
Stop Now Orders (E.C. Directive) Regulations 2001[57]

For all purposes
EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001[58]

For all purposes
In Schedule 26 (repeals and revocations) the entries relating to the -      
Registered Designs Act 1949[59],

    
section 11A(1)(a)

For all purposes
section 11A(1)(b)

For all purposes, subject to Article 3(1)
Fair Trading Act 1973[60],

    
sections 2, 3, 5, 6 to 11, 30, 34 to 42, 44 to 56G

For all purposes
sections 63 to 76, 77, 78 to 81, 82, 83, 84, 86, 88 to 93A

For all purposes, subject to Article 3(1)
section 93B

For all purposes
section 124

For all purposes
section 125

For all purposes
section 129

For all purposes, subject to Article 3(1)
sections 130 and 131

For all purposes
section 132

For all purposes, subject to Article 3(1)
section 133

For all purposes
the definition of the Advisory Committee" in section 137(2) For all purposes
section 138

For all purposes, subject to Article 3(1)
Schedules 4 to 7

For all purposes
Schedules 8 and 9

For all purposes, subject to Article 3(1)
Schedule 12

For all purposes
Consumer Credit Act 1974[61],

    
sections 5, 161(2) and 174 and Schedule 4

For all purposes
Patents Act 1977[62],

    
section 51(1)(a)

For all purposes
section 51(1)(b)

For all purposes, subject to Article 3(1)
Estate Agents Act 1979[63],

    
sections 9(5), 10 and 26(2)

For all purposes
Competition Act 1980[64],

    
sections 11, 16, 17, 18, 19, 20, 21, 24 and 31

For all purposes
Gas Act 1986[65],

    
sections 24, 26A, 27, 41E and Schedule 7

For all purposes
Electricity Act 1989[66],

    
sections 12, 14A, 43(6), 43(7), 56C and Schedule 16

For all purposes
Companies Act 1989[67],

    
sections 146 to 150

For all purposes, subject to Article 3(1)
Schedule 14

For all purposes
Schedule 20

For all purposes, subject to Article 3(1)
Courts and Legal Services Act 1990[68],

    
Schedule 18

For all purposes
Broadcasting Act 1990[69],

    
section 192 and Schedules 4 and 20

For all purposes
Water Industry Act 1991[70],

    
sections 14 and 31

For all purposes
Water Consolidation (Consequential Provisions) Act 1991[71],

    
paragraphs 24, 26, 33 and 34 in Schedule 1

For all purposes
Electricity (Northern Ireland) Order 1992[72],

    
Articles 15, 46(6) and 46(7) and Schedule 12

For all purposes
Railways Act 1993[73],

    
sections 4, 13, 66, 67 and Schedule 12

For all purposes
Deregulation and Contracting Out Act 1994[74],

    
section 7(1), Schedule 2, paragraph 2 in Schedule 4 and paragraph 2(4) in Schedule 11

For all purposes
section 9 and paragraph 2(3) in Schedule 11

For all purposes, subject to Article 3(1)
Gas (Northern Ireland) Order 1996[75]

For all purposes
Competition Act 1998[76],

    
sections 46(3)(h), 55, 56, 66 and 67, paragraphs 10 and 23 to 27 in Schedule 7, Schedule 10, Schedule 11, and paragraphs 1(4) to 1(7), 1(14), 4(4), 4(9), 4(10) and 10 in Schedule 12

For all purposes
paragraph 15(7) in Schedule 7

For all purposes, subject to Article 3(1)
paragraphs 4(3), 4(12) and 4(15)(a) in Schedule 12

For all purposes
Insolvency Act 2000[77],

    
paragraph 13(3) in Schedule 4

For all purposes



EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force on 20th June 2003 certain provisions of the Enterprise Act 2002 ("the Act"). In particular it commences the following provisions: - 

The Order makes transitory provision to enable the continued application of the existing law relating to mergers of water and sewerage undertakings until the commencement of the provisions of the Act (in particular, section 70 and Schedule 6) which relate to water mergers. It also contains transitional provisions relating to certain mergers and various savings.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


Provision Date of commencement S.I. No.
Sections 1 to 4, 8, 9, 10, 12 01.04.03 2003/766
Section 13(1) to (5) 01.04.03 2003/766
Section 13(6) (partially) 18.03.03 2003/765
(remaining purposes) 01.04.03 2003/766
Section 14(1) to 14(5) 01.04.03 2003/766
Section 14(6) (partially) 01.04.03 2003/766
Sections 15 and 21 01.04.03 2003/766
Section 185 (partially) 01.04.03 2003/766
Sections 186 and 207 01.04.03 2003/766
Section 250(1) (partially) 18.03.03 2003/765
Section 273 18.03.03 2003/765
Section 274 01.04.03 2003/766
Section 275 18.03.03 2003/765
Section 276(1) (partially) 18.03.03 2003/765
Section 276(1) (partially) 01.04.03 2003/766
Section 276(2) to (4) 18.03.03 2003/765
Section 277 18.03.03 2003/765
Section 278 (partially) 01.04.03 2003/766
Schedules 1 and 2 01.04.03 2003/766
In Schedule 3, Part 1 01.04.03 2003/766
In Schedule 3, Part 2 18.03.03 2003/765
In Schedule 4 - paragraph 1 01.04.03 2003/766
In Schedule 5 -        
paragraphs 1, 2(a) and (b), 3, 4 (partially), 5 to 8

01.04.03 2003/766
In Schedule 11 -           
paragraphs 1, 2, 3 (partially), 4 (partially), 5 (partially), 6 to 8, 10(1) (partially), 10(3), 12

01.04.03 2003/766
In Schedule 24 -           
paragraph 1

18.03.03 2003/765
paragraphs 2 to 12, 20 and 22

01.04.03 2003/766
In Schedule 25 -           
paragraphs 2(1), 5(1), 13(1), 14(1), 15(1), 20(1), 21(1), 24(1), 25(1), 28(1), 30(1), 33(1), 36(1), 38(1), 40(1), 42(1), 43(1), 44(1) (partially)

01.04.03 2003/766
paragraphs 2(4), 3, 4, 5(2), 5(4)(a)(i), 6, 7, 9, 11, 13(2), 13(6), 13(8)(b) to 13(8)(d), 13(9)(a), 13(9)(b),13(9)(c)(i), 14(5), 14(6), 15(2), 15(7) to 15(10), 15(14), 16, 17, 19, 20(2), 20(7) to 20(9), 20(10)(a), 21(2), 21(3), 21(4)(a) to 21(4)(f), 22, 23, 24(2) to 24(8), 24(9)(a) to 24(9)(d)(i), 24(9)(f)(i), 24(9)(g), 24(9)(h), 24(9)(i)(i), 24(9)(i)(ii), 24(9)(k), 24(9)(l), 25(2), 25(7), 25(8), 25(10)(a), 25(11), 25(12), 26, 27, 28(5), 28(6), 28(7)(a), 30(2)(b), 30(7), 30(9), 30(10), 30(11)(a), 30(12) to 30(14), 32, 33(5), 33(6), 34, 35, 36(5), 36(6), 36(8), 37, 38(3) to 38(34), 38(36) to 38(48), 38(51) to 38(55), 39, 40(2) to 40(20(a), 40(21), 41, 42(6), 42(7), 43(2) to 43(3)(c)(i) and 44(6) to 44(12)

01.04.03 2003/766
In Schedule 26 the entries relating to the - 

    Public Records Act 1958

Parliamentary Commissioner Act 1967

Fair Trading Act 1973, sections 1, 12 to 22 and Schedules 1 and 2

Consumer Credit Act 1974, section 189(1)

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Estate Agents Act 1979, section 33(1)

Competition Act 1980, section 13

Gas Act 1986, section 36A(1)

Electricity Act 1989, section 43(1)

Companies Act 1989, paragraph 4(5) in Schedule 14

Courts and Legal Services Act 1990, sections 46(3) and 119(1)

Broadcasting Act 1990, sections 187(3) and 194A(9)

Electricity (Northern Ireland) Order 1992, paragraph (1) of Article 46

Railways Act 1993, section 83(1)

Gas (Northern Ireland) Order 1996, Article 23(1)

Competition Act 1998, sections 3(1), 48, 59(1), 61(1) and Schedules 4 to 6, paragraphs 1, 2, 4 to 7 and 9 of Schedule 7, and Schedule 8

01.04.03 2003/766


Notes:

[1] 2002 c. 40.back

[2] 1991 c. 56.back

[3] 1998 c. 41.back

[4] 1973 c. 41.back

[5] 2000 c. 8.back

[6] 1980 c. 21.back

[7] 1984 c. 12.back

[8] 1986 c. 31.back

[9] 1986 c. 44.back

[10] 1989 c. 29.back

[11] 1990 c. 42.back

[12] 1991 c. 56.back

[13] S.I. 1992/231 (N.I. 1).back

[14] 1993 c. 43.back

[15] S.I. 1994/426 (N.I. 1)back

[16] S.I. 1996/275 (N.I. 2)back

[17] 2000 c. 26.back

[18] 2000 c. 38.back

[19] 1974 c. 39.back

[20] S.I. 1999/2452.back

[21] S.I. 1999/2453.back

[22] S.I. 1999/2455.back

[23] 1949 c. 88.back

[24] 1958 c. 47.back

[25] 1977 c. 37.back

[26] S.I. 1982/1080 (N.I. 12).back

[27] 1949 c. 88.back

[28] 1977 c. 37.back

[29] 1988 c. 48.back

[30] 1998 c. 41.back

[31] 1958 c. 47.back

[32] 1968 c. 29.back

[33] 1974 c. 24.back

[34] 1984 c. 12.back

[35] 1985 c. 9.back

[36] 1985 c. 72.back

[37] 1986 c. 31.back

[38] 1987 c. 43.back

[39] S.I. 1987/2049 (N.I. 20).back

[40] S.I. 1988/915.back

[41] 1989 c. 15.back

[42] S.I. 1990/1563.back

[43] 1991 c. 29.back

[44] 1992 c. 35.back

[45] 1994 c. 21.back

[46] S.I. 1994/426 (N.I. 1).back

[47] 1996 c. 61.back

[48] S.I. 1996/345.back

[49] S.I. 1999/506.back

[50] 2000 c. 8.back

[51] 2000 c. 23.back

[52] 2000 c. 26.back

[53] 2000 c. 27.back

[54] 2000 c. 38.back

[55] S.I. 2000/311.back

[56] 2001 c. 24.back

[57] S.I. 2001/1422.back

[58] S.I. 2001/2916.back

[59] 1949 c. 88.back

[60] 1973 c. 41.back

[61] 1974 c. 39back

[62] 1977 c. 37.back

[63] 1979 c. 38.back

[64] 1980 c. 21.back

[65] 1986 c. 44.back

[66] 1989 c. 29.back

[67] 1989 c.40.back

[68] 1990 c. 41.back

[69] 1990 c. 42.back

[70] 1991 c. 56.back

[71] 1991 c. 60.back

[72] S.I. 1992/231 (N.I. 1).back

[73] 1993 c. 43.back

[74] 1994 c. 40.back

[75] S.I. 1996/275 (N.I. 2).back

[76] 1998 c. 41.back

[77] 2000 c. 39.back



ISBN 0 11 046437 0


 
© Crown copyright 2003
Prepared 16 June 2003


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