Statutory Instruments
2015 No. 1643
Tribunals And Inquiries
The Section 16 Enterprise Act 2002 Regulations 2015
Made
3rd September 2015
Laid before Parliament
7th September 2015
Coming into force
1st October 2015
The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 16(1)(a) of the Enterprise Act 2002( 1 ):
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Section 16 Enterprise Act 2002 Regulations 2015 and come into force on 1st October 2015.
(2) In these Regulations “the court” means—
(a) in relation to England and Wales, the High Court of England and Wales;
(b) in relation to Scotland, the Court of Session or a sheriff court;
(c) in relation to Northern Ireland, the High Court or the county court in Northern Ireland;
Transfer of proceedings from the court to Competition Appeal Tribunal
2. Where in any proceedings before the court, there falls for determination an infringement issue( 2 ) the court—
(a) may by order transfer to the Tribunal( 3 ) for its determination so much of the proceedings as relates to the infringement issue;
(b) may give such directions or make such order as it thinks fit to give effect to the determination of that issue by the Tribunal.
Caroline Dinenage
Parliamentary Under Secretary of State
Ministry of Justice
3rd September 2015
2002 c. 40 . The definition of “the court” in section 16(6) was amended by paragraph 81 of Schedule 9 to the Crime and Courts Act 2013 (c. 22) and by the Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012, S.I. 2012/1809 .
“Infringement issue” has the meaning given in section 16(6) of the Enterprise Act 2002.
For the purposes of Part 2 of the Competition Act 2002 references to “the Tribunal” are to the “Competition Appeal Tribunal” established under that Part of that Act (section 12(1) of the 2002 Act).