Statutory Instruments
2003 No. 766 (C. 40)
COMPETITION
CONSUMER PROTECTION
The Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003
Made
18th March 2003
The Secretary of State, in exercise of the powers conferred upon her by sections 276(2) and 279 of 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. 2, Transitional and Transitory Provisions) Order 2003.
(2) In this Order—
“the Act” means the Enterprise Act 2002;
“appeal tribunal” means an appeal tribunal of the Competition Commission;
“existing appeal” means an appeal made to the Competition Commission under section 46 or 47 of the Competition Act 1998( 2 ) or regulation 25 or 26 of the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001( 3 ) which has not been finally determined before 1st April 2003; and
“the Tribunal” means the Competition Appeal Tribunal.
(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. 1st April 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.
Transitional and transitory provision
3. —(1) Any existing appeal shall be deemed to have been made to the Tribunal and shall continue as an appeal to the Tribunal and anything having any continuing effect done in relation to an existing appeal (including anything done for the purpose of an appeal from a decision made in relation to an existing appeal and anything done in connection with a request for a preliminary ruling of the Court of Justice of the European Communities in relation to an existing appeal) shall be deemed for all purposes to have been done in relation to an appeal to the Tribunal and is not to be invalidated by the commencement of any of the provisions brought into force by this Order.
(2) Without prejudice to the generality of paragraph (1), for the purposes of any existing appeal, anything done by the President of the Competition Commission Appeal Tribunals, the Registrar of Appeal Tribunals, and an appeal tribunal shall be deemed for all purposes to have been done by the President of the Competition Appeal Tribunal, the Registrar of the Competition Appeal Tribunal, and the Tribunal, respectively, and the members of any tribunal constituted by the President of the Competition Commission Appeal Tribunals in relation to an existing appeal in accordance with paragraph 27 of Schedule 7 to the Competition Act 1998 shall be treated as being the members of the Tribunal constituted in accordance with section 14 of the Act for the purposes of the relevant appeal.
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
18th March 2003
Article 2
SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2003
| Provisions of the Act | Purpose |
|---|---|
| Section 1 (the Office of Fair Trading) | For all purposes |
| Section 2 (the Director General of Fair Trading) | For all purposes |
| Section 3 (annual plan) | For all purposes |
| Section 4 (annual and other reports) | For all purposes |
| Section 8 (promoting good consumer practice) | For all purposes |
| Section 9 (repeal of certain powers of direction) | For all purposes |
| Section 10 (part 2 of the 1973 Act) | For all purposes |
| Section 12 (the Competition Appeals Tribunal) | For all purposes |
| Section 13 (the Competition Service) | For all purposes |
| Section 14(1) to 14(5) (constitution of tribunal for particular proceedings and decisions) | For all purposes |
| Section 14(6) | For the purpose of the provisions of Schedule 4 brought into force |
| Section 15 (tribunal rules) | For all purposes |
| Section 21 (amendments of 1998 Act) | For all purposes |
| Section 185 (the Commission) | For the purpose of the provisions of Schedule 11 brought into force |
| Section 186 (annual report of Commission) | For all purposes |
| Section 207 (repeal of Schedule 4 to the 1998 Act) | For all purposes |
| Section 274 (provision of financial assistance for consumer purposes) | For all purposes |
| Section 276(1) (transitional or transitory provision and savings) | For the purpose of the provisions of Schedule 24 brought into force |
| Section 278 (minor and consequential amendments and repeals) | For the purpose of the provisions of Schedules 25 and 26 brought into force |
| Schedule 1 (the Office of Fair Trading) | For all purposes |
| Schedule 2 (the Competition Appeal Tribunal) | For all purposes |
| Schedule 3 (the Competition Service) | For all remaining purposes |
| In Schedule 4 (tribunal: procedure)—paragraph 1 | For all purposes |
| Schedule 5 (proceedings under Part 1 of the 1998 Act)— | |
| paragraph 1 | For all purposes |
| paragraph 2(a) and (b) | For all purposes |
| paragraph 3 | For all purposes |
| paragraph 4 | For all purposes except in relation to the decisions of the Competition Appeal Tribunal referred to in section 49(1)(b) as substituted by paragraph 4 |
| paragraphs 5 to 8 | For all purposes |
| In Schedule 11 (the Competition Commission)— paragraph 1 | For the purpose of the other entries in Schedule 11 referred to in this Order |
| paragraph 2 | For all purposes |
| paragraph 3 (except paragraph 3(c)) | For all purposes save in relation to paragraph 3(c) |
| paragraph 4 (except paragraph 4(d)) | For all purposes save in relation to paragraph 4(d) |
| paragraph 5 | For all purposes other than the re-appointment as a member of any person who is a member on the commencement date |
| paragraphs 6 to 8 | For all purposes |
| paragraph 10(1) | For the purposes of paragraph 10(3) |
| paragraph 10(3) | For all purposes |
| paragraph 12 | For all purposes |
| In Schedule 24 (transitional and transitory provisions and savings)— | |
| paragraphs 2 to 12, 20 and 22 | For all purposes |
| In Schedule 25 (minor and consequential amendments)— | |
| 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) | For the purpose of the other entries in the relevant provisions of Schedule 25 referred to in this Order. |
| For all purposes 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(4), 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). | |
In Schedule 26 (repeals and revocations) the entries relating to the—
| For all purposes |
S.I. 2001/2916 , to which there are amendments not relevant to this Order.
S.I. 1992/231 (N.I.1.) .
S.I. 1996/275 (N.I.2.) .