Citation

1. This Order may be cited as the Enterprise and Regulatory Reform Act 2013 (Commencement No. 3, Transitional Provisions and Savings) Order 2013.

Provisions coming into force on 1st October 2013

2. The following provisions of the Enterprise and Regulatory Reform Act 2013 (“the Act”) come into force on 1st October 2013—

(a) section 25(1), (2) and (4) (the Competition and Markets Authority);

(b) section 27 (transfer schemes);

(c) section 65 (third party harassment of employees);

(d) section 67 (primary authorities);

(e) section 68 (inspection plans);

(f) section 69 (civil liability for health and safety duties);

(g) section 70 (estate agency work);

(h) sections 79 to 82 (payments to directors of quoted companies);

(i) section 90(7) (supply of customer data: enforcement);

(j) paragraphs 1 to 18, 20 to 28, 29(1), 31, 32, 34, 35, 59, 60, 61(1) to (4), 62 to 65 of Schedule 4 (the Competition and Markets Authority);

(k) paragraphs 51 and 53 of Schedule 4, for the purposes of making and publishing rules of procedure;

(l) paragraph 52 of Schedule 4, for the purposes of preparing and issuing guidance;

(m) paragraphs 1 to 6, 10, 12 and 13 of Schedule 17 (abolition of conservation area consent for England and consequential provisions, listed building purchase notices) and section 63 so far as relating to those paragraphs; and

(n) paragraph 5 of Schedule 21 (bankruptcy early discharge procedure) and section 73 so far as relating to that paragraph.

Transitional and saving provisions

3. —(1) —Any member of the Competition Commission whose term of office as such is not due to expire before the abolition of the Competition Commission under section 26 of the Act may be appointed to the Competition and Markets Authority (“CMA”) panel under paragraph 1(1)(b) of Schedule 4 to the Act for the purpose in paragraph (2).

(2) The purpose is to enable anything in the process of being done by that person immediately before the abolition of the Competition Commission, as a member of a group constituted under any enactment through which functions of the Competition Commission are being performed, to be completed on behalf of the CMA by that person after the abolition of the Competition Commission as a member of a group constituted (or treated as constituted) under Schedule 4 of the Act or any other enactment.

(3) An appointment made by virtue of this article may be made only for the purpose in paragraph (2).

4. Section 65 of the Act does not affect section 40(2) to (4) of the Equality Act 2010( 2 ) for the purposes of proceedings that relate to a contravention occurring before section 65 of the Act comes into force.

5. —(1) The amendments made by section 68(3) to (6) and (9) of the Act to section 30 (inspection plans) of the Regulatory Enforcement and Sanctions Act 2008( 3 ), except for the insertion of subsection (7E) in that section, do not have effect in relation to the exercise before 9th October 2013 of a function of inspection by a local authority.

(2) The amendment made by section 68(8) of the Act to section 30(10) of the Regulatory Enforcement and Sanctions Act 2008 has effect accordingly.

6. The amendment made by section 73 and paragraph 5 of Schedule 21 to the Act applies only in relation to a bankruptcy order made on or after 1st October 2013.