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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—

(a) the making by the Secretary of State of references under section 32 of the Water Industry Act 1991( 2 ) (duty to refer merger of water or sewerage undertakings), or

(b) any references so made.

(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—

(a) in subsection (1) the words from “and sections 32” to the end;

(b) subsection (3)(d); and

(c) in subsection (8) the words from “and sections 32” to the end.

(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—

“appointed day”, “relevant arrangements”, “new law” and “old law” have the same meaning as in paragraph 13 of Schedule 24;

“enactment” has the meaning given by section 129(1); and

“merger” means a ceasing of two or more enterprises to be distinct enterprises (within the meaning of Part 5 of the 1973 Act).

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—

(a) any orders which by virtue of paragraph 1 of Schedule 11 to that Act have effect as if made under that Act, or

(b) undertakings to which paragraph 9 of Schedule 11 to that Act applies.

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—

(a) section 11 of the Competition Act 1980( 6 );

(b) section 13 of the Telecommunications Act 1984( 7 );

(c) section 43 of the Airports Act 1986( 8 );

(d) section 24 or 41E of the Gas Act 1986( 9 );

(e) section 12 or 56C of the Electricity Act 1989( 10 );

(f) Schedule 4 to the Broadcasting Act 1990( 11 );

(g) section 12 or 14 of the Water Industry Act 1991( 12 );

(h) Article 15 of the Electricity (Northern Ireland) Order 1992( 13 );

(i) section 13 of, or Schedule 4A to, the Railways Act 1993( 14 );

(j) Article 34 of the Airports (Northern Ireland) Order 1994( 15 );

(k) Article 15 of the Gas (Northern Ireland) Order 1996( 16 );

(l) section 15 of the Postal Services Act 2000( 17 );

(m) section 162 or 306 of the Financial Services and Markets Act 2000; and

(n) section 12 of the Transport Act 2000( 18 ).

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.

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.

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 ).

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

Article 2

SCHEDULE 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
( 1 )

2002 c. 40 .

( 2 )

1991 c. 56 .

( 3 )

1998 c. 41 .

( 4 )

1973 c. 41 .

( 5 )

2000 c. 8 .

( 6 )

1980 c. 21 .

( 7 )

1984 c. 12 .

( 8 )

1986 c. 31 .

( 9 )

1986 c. 44 .

( 10 )

1989 c. 29 .

( 11 )

1990 c. 42 .

( 12 )

1991 c. 56 .

( 13 )

S.I. 1992/231 (N.I. 1) .

( 14 )

1993 c. 43 .

( 17 )

2000 c. 26 .

( 18 )

2000 c. 38 .

( 19 )

1974 c. 39 .

( 20 )

S.I. 1999/2452 .

( 21 )

S.I. 1999/2453 .

( 22 )

S.I. 1999/2455 .

( 23 )

1949 c. 88 .

( 24 )

1958 c. 47 .

( 25 )

1977 c. 37 .

( 26 )

S.I. 1982/1080 (N.I. 12) .

( 27 )

1949 c. 88 .

( 28 )

1977 c. 37 .

( 29 )

1988 c. 48 .

( 30 )

1998 c. 41 .

( 31 )

1958 c. 47 .

( 32 )

1968 c. 29 .

( 33 )

1974 c. 24 .

( 34 )

1984 c. 12 .

( 35 )

1985 c. 9 .

( 36 )

1985 c. 72 .

( 37 )

1986 c. 31 .

( 38 )

1987 c. 43 .

( 39 )

S.I. 1987/2049 (N.I. 20) .

( 40 )

S.I. 1988/915 .

( 41 )

1989 c. 15 .

( 42 )

S.I. 1990/1563 .

( 43 )

1991 c. 29 .

( 44 )

1992 c. 35 .

( 45 )

1994 c. 21 .

( 46 )

S.I. 1994/426 (N.I. 1) .

( 47 )

1996 c. 61 .

( 48 )

S.I. 1996/345 .

( 49 )

S.I. 1999/506 .

( 50 )

2000 c. 8 .

( 51 )

2000 c. 23 .

( 52 )

2000 c. 26 .

( 53 )

2000 c. 27 .

( 54 )

2000 c. 38 .

( 55 )

S.I. 2000/311 .

( 56 )

2001 c. 24 .

( 57 )

S.I. 2001/1422 .

( 58 )

S.I. 2001/2916 .

( 59 )

1949 c. 88 .

( 60 )

1973 c. 41 .

( 62 )

1977 c. 37 .

( 63 )

1979 c. 38 .

( 64 )

1980 c. 21 .

( 65 )

1986 c. 44 .

( 66 )

1989 c. 29 .

( 67 )

1989 c. 40 .

( 68 )

1990 c. 41 .

( 69 )

1990 c. 42 .

( 70 )

1991 c. 56 .

( 71 )

1991 c. 60 .

( 72 )

S.I. 1992/231 (N.I. 1) .

( 73 )

1993 c. 43 .

( 74 )

1994 c. 40 .

( 75 )

S.I. 1996/275 (N.I. 2) .

( 76 )

1998 c. 41 .

( 77 )

2000 c. 39 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Enterprise Act 2002 (Commencement No. 3, Transitional and Transitory Provisions and Savings)Order 2003 (2003/1397)

Displaying information

Status of this instrument

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Defined TermSection/ArticleIDScope of Application
appointed dayart. 4.appointed__rtFmehe
enactmentart. 4.enactment_rtA3xWJ
mergerart. 4.merger_rt7fi0W
new lawart. 4.new_law_rtKnBUA
old lawart. 4.old_law_rtGD4OV
relevant arrangementsart. 4.relevant_a_rt49ogO
the Actart. 1.the_Act_rtVckJQ
the appointed dayart. 2.the_appoin_rtybN3Kalert
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