SCHEDULE 25 continued
(25) In section 33 (directions in relation to conduct)—
(a) in subsection (1), for “Director” and “he” (in each place) there is substituted “OFT” and “it” respectively;
(b) in subsection (2), for “Director's”, “his” and “him” there is substituted “OFT's”, “its” and “it” respectively.
(26) In section 34 (enforcement of directions), for “Director” there is substituted “OFT”.
(27) In section 35 (interim measures), for “Director” (in each place), “his” (in both places), “him” and “he” (in each place) there is substituted “OFT”, “its”, “it” and “it” respectively.
(28) In section 36 (penalty for infringing Chapter 1 or Chapter 2 prohibition)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) in subsections (1) and (2), for “him” there is substituted “the OFT”;
(c) in subsection (3), for “he” there is substituted “the OFT”.
(29) In section 37 (recovery of penalties), for “Director” and “him” there is substituted “OFT” and “the OFT” respectively.
(30) In section 38 (the appropriate level of a penalty), for “Director” (in each place), “he” (in each place) and “his” there is substituted “OFT”, “it” and “its” respectively.
(31) In section 39 (limited immunity for small agreements), for “Director” (in each place), “he” (in both places) and “his” (in both places) there is substituted “OFT”, “it” and “its” respectively.
(32) In section 40 (limited immunity in relation to the Chapter 2 prohibition)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) in subsection (4), for “he” (in both places) and “his” there is substituted “it” and “its” respectively;
(c) in subsection (5), for “his” there is substituted “its”.
(33) In section 41 (agreements notified to the Commission), for “Director” there is substituted “OFT”.
(34) In section 44 (false or misleading information), for “Director” (in each place) and “his” there is substituted “OFT” and “its” respectively.
(35) In section 45 (the Competition Commission), after subsection (7) there is inserted—
“(8) The Secretary of State may by order make such modifications in Part 2 of Schedule 7 and in Schedule 7A (performance of the Competition Commission’s general functions) as he considers appropriate for improving the performance by the Competition Commission of its functions.”
(36) In section 46 (appealable decisions), for “Director” (in each place) there is substituted “OFT”.
(37) In section 50 (vertical agreements and land agreements), for “Director” there is substituted “OFT”.
(38) In section 51—
(a) in subsection (1), for “Director” and “he” there is substituted “OFT” and “it” respectively;
(b) in subsection (2), for “Director's” there is substituted “OFT's”;
(c) in subsection (3), for “Director” and “he” (in both places) there is substituted “OFT” and “it” respectively;
(d) in subsections (5) to (9), for “Director” (in each place) there is substituted “OFT”;
(e) in subsection (10), for “Director” and “his” there is substituted “OFT” and “its”;
and in the cross-heading before that section, for “Director's” there is substituted “OFT's”.
(39) In section 52 (advice and information)—
(a) in subsections (2) and (3), for “Director” there is substituted “OFT”;
(b) in subsection (4), for “Director” and “him” there is substituted “OFT” and “it” respectively;
(c) in subsection (5), for “Director” and “he” there is substituted “OFT” and “it” respectively;
(d) in subsection (6), for “Director” and “he” (in both places) there is substituted “OFT” and “it” respectively;
(e) in subsection (8), for “Director” there is substituted “OFT”.
(40) In section 53 (fees), for “Director” (in each place) and “him” there is substituted “OFT” and “it” respectively.
(41) In section 54 (regulators)—
(a) in subsection (1), for the words from “any person” to the end of the subsection there is substituted “—
(a) the Director General of Telecommunications;
(b) the Gas and Electricity Markets Authority;
(c) the Director General of Electricity Supply for Northern Ireland;
(d) the Director General of Water Services;
(e) the Rail Regulator;
(f) the Director General of Gas for Northern Ireland; and
(g) the Civil Aviation Authority.”;
(b) for “Director” (in each place) there is substituted “OFT”.
(42) In section 57 (defamation), for “Director” and “his” there is substituted “OFT” and “its” respectively.
(43) In section 58 (findings of fact by Director)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) for “a Director's” (in both places) there is substituted “an OFT's”;
and in the cross-heading before that section, for “Director” there is substituted “OFT”.
(44) In section 59 (interpretation of Part 1) —
(a) in subsection (1), the definition of “the Director” shall cease to have effect and after the definition of “officer” there is inserted—
““the OFT” means the Office of Fair Trading;”;
(b) in subsection (4), for “Director” and “he” there is substituted “OFT” and “it” respectively.
(45) In section 60 (principles to be applied in determining questions), for “Director” (in both places) there is substituted “OFT”.
(46) In section 61 (introduction)—
(a) in subsection (1)—
(i) in the definition of “authorised officer”, for “Director” there is substituted “OFT”;
(ii) the definition of “the Director” shall cease to have effect;
(iii) after the definition of “Commission investigation” there is inserted—
““the OFT” means the Office of Fair Trading;”;
(iv) for ““Director’s investigation” means an investigation conducted by the Director” there is substituted ““OFT’s investigation” means an investigation conducted by the OFT”;
(v) for ““Director’s special investigation” means a Director's” there is substituted ““OFT’s special investigation” means an OFT's”;
(vi) in the definition of “premises”, for “a Director's” there is substituted “an OFT's”;
(b) in subsection (2)—
(i) for “a Director's” there is substituted “an OFT's”;
(ii) for “Director” there is substituted “OFT”;
(c) in subsection (3), for “Director” there is substituted “OFT”.
(47) In section 62 (power to enter premises: Commission investigation)—
(a) in subsection (1), for “Director” there is substituted “OFT”, and
(b) in subsection (5)—
(i) in paragraph (a), for “Director” there is substituted “OFT”;
(ii) in paragraph (b), for “his officers whom he” there is substituted “the OFT’s officers whom the OFT”.
(48) In section 63 (power to enter premises: Director’s special investigations)—
(a) in subsection (1), for “Director, that a Director's” there is substituted “OFT, that an OFT's”;
(b) in subsections (2) to (4), for “A Director's” and “Director” there is substituted “An OFT's” and “OFT” respectively;
(c) in subsection (5), for “Director” there is substituted “OFT”;
(d) in the sidenote, for “Director's” there is substituted “OFT's”.
(49) In section 71 (regulations, orders and rules), in subsection (4), after paragraph (c) there is inserted—
“(ca) section 45(8),”.
(50) In Schedule 1 (exclusions: mergers and concentrations)—
(a) in paragraph 1—
(i) in sub-paragraph (1), for the words from “Part V” to “1973 Act”)” there is substituted “Part 3 of the Enterprise Act 2002 (“the 2002 Act”)”;
(ii) in sub-paragraph (4), for “Section 65 of the 1973 Act” there is substituted “Section 26 of the 2002 Act”;
(b) in paragraph 2—
(i) in sub-paragraph (1)(a), for “Part V of the 1973 Act” there is substituted “Part 3 of the 2002 Act”;
(ii) in sub-paragraph (2), for “Section 65 of the 1973 Act” there is substituted “Section 26 of the 2002 Act”;
(c) in paragraph 4—
(i) for “Director” (in each place) there is substituted “OFT”;
(ii) in sub-paragraph (2), for “he” (in both places) and “him” there is substituted “it” and “the OFT” respectively;
(iii) in sub-paragraph (5), for “he” (in both places) there is substituted “it”;
(d) in paragraph 5, for paragraphs (a) to (d) there is substituted—
“(a) the OFT or (as the case may be) the Secretary of State has published its or his decision not to make a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement;
(b) the OFT or (as the case may be) the Secretary of State has made a reference to the Competition Commission under section 22, 33, 45 or 62 of the 2002 Act in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a relevant merger situation or (as the case may be) a special merger situation;
(c) the agreement does not fall within paragraph (a) or (b) but has given rise to, or would if carried out give rise to, enterprises to which it relates being regarded under section 26 of the 2002 Act as ceasing to be distinct enterprises (otherwise than as the result of subsection (3) or (4)(b) of that section); or
(d) the OFT has made a reference to the Competition Commission under section 32 of the Water Industry Act 1991 in connection with the agreement and the Commission has found that the agreement has given rise to, or would if carried out give rise to, a merger of any two or more water enterprises of the kind to which that section applies.”
(51) In Schedule 3 (general exclusions)—
(a) in paragraph 2—
(i) for “Director” (in each place) there is substituted “OFT”;
(ii) in sub-paragraph (4), for “he” (in both places) and “him” there is substituted “it” and “the OFT” respectively;
(iii) in sub-paragraph (7), for “if he” and “he is” there is substituted “if it” and “the OFT is” respectively;
(b) in paragraph 9—
(i) for “Director” (in each place) there is substituted “OFT”;
(ii) in sub-paragraph (4), for “he” (in both places) and “him” there is substituted “it” and “the OFT” respectively;
(iii) in sub-paragraph (7), for “he” (in both places) there is substituted “it”.
(52) In Schedule 5 (notification under Chapter 1: procedure)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) in paragraph 3, for “he” (in the first place) and “his” there is substituted “it” and “its” respectively;
(c) in paragraph 5(2)—
(i) for “he thinks” there is substituted “it thinks”;
(ii) for “bringing it” there is substituted “bringing the application”;
(iii) for “he is” there is substituted “the OFT is”;
(iv) the words “for him” shall cease to have effect;
(d) in paragraph 5(3), for “him” there is substituted “it”;
(e) in paragraph 6, for “he” and “his” (in both places) there is substituted “it” and “its” respectively.
(53) In Schedule 6 (notification under Chapter 2: procedure)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) in paragraph 3(1) and (2), for “he” there is substituted “it”;
(c) in paragraph 5(2)—
(i) for “he thinks” there is substituted “it thinks”;
(ii) for “bringing it” there is substituted “bringing the application”;
(iii) for “he is” there is substituted “the OFT is”;
(iv) the words “for him” shall cease to have effect;
(d) in paragraph 5(3), for “him” there is substituted “it”;
(e) in paragraph 6, for “he” and “his” (in both places) there is substituted “it” and “its” respectively.
(54) In Schedule 8 (appeals)—
(a) for “Director” (in each place) there is substituted “OFT”;
(b) in paragraph 2(2)(c), for “Director’s exercise of his” there is substituted “OFT’s exercise of its”;
(c) in paragraph 3(2)(d) and (e), for “himself” there is substituted “itself”.
(55) In Schedule 9 (Director’s rules), for “Director” (in each place), “he” (in each place), “Director's” (in each place) and “him” there is substituted “OFT”, “it”, “OFT's” and “it” respectively.
39 (1) The Greater London Authority Act 1999 is amended as follows.
(2) In section 235 (restrictions on disclosure of information)—
(a) in subsection (2)(c), for sub-paragraph (ii) there is substituted—
“(ii) the Office of Fair Trading,”;
(b) in subsection (3), after paragraph (rr) there is inserted—
“(rs) the Enterprise Act 2002;”.
40 (1) The Financial Services and Markets Act 2000 is amended as follows.
(2) In section 159(1) (interpretation of Chapter 3 of Part 10), for the definition of “Director” there is substituted—
““OFT”means the Office of Fair Trading;”.
(3) In section 160 (reports by Director General of Fair Trading)—
(a) for “Director” (in each place), “he” (in each place) and “him” there is substituted “OFT”, “the OFT” and “it” respectively;
(b) in the sidenote, for “Director General of Fair Trading” there is substituted “OFT”.
(4) In section 161 (power of Director to request information), for “Director” (in each place) and “him” (in each place) there is substituted “OFT” and “it” respectively.
(5) In section 162 (consideration by Competition Commission), for “Director” (in both places) and “he” there is substituted “OFT” and “the OFT” respectively.
(6) In section 194 (general grounds on which power of intervention is exercisable), in subsection (3), for “the Director General of Fair Trading” there is substituted “the Office of Fair Trading”.
(7) In section 203 (power to prohibit the carrying on of Consumer Credit Act business)—
(a) in subsection (1)—
(i) for “the Director General of Fair Trading (“the Director”)” there is substituted “the Office of Fair Trading (“the OFT”)”;
(ii) for “he” there is substituted “it”;
(b) in subsection (2), for “Director” and “he” there is substituted “OFT” and “it” respectively;
(c) in subsections (6) and (7), for “Director” there is substituted “OFT”;
and in the cross-heading before that section, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”.
(8) In section 204 (power to restrict the carrying on of Consumer Credit Act business), for “Director” (in each place) and “him” there is substituted “OFT” and “it” respectively.
(9) In section 295 (notification), for “Director” there is substituted “OFT”.
(10) In section 303 (initial report by Director)—
(a) in subsection (1), for “Director” there is substituted “OFT”;
(b) in subsection (2), for “Director”, “him” and “his” there is substituted “OFT”, “the OFT” and “its” respectively;
(c) in subsection (3), for “Director” and “him” (in both places) there is substituted “OFT” and “it” respectively;
(d) in subsection (4), for “Director's”, “he” and “his” there is substituted “OFT's”, “it” and “its” respectively;
(e) in subsection (5), for “Director” and “he” there is substituted “OFT” and “the OFT” respectively;
(f) in the sidenote, for “Director” there is substituted “OFT”;
and in the cross-heading before that section, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”.
(11) In section 304—
(a) for “Director” (in each place) and “he” (in each place) there is substituted “OFT” and “the OFT” respectively;
(b) in subsection (5)(b), for “him” there is substituted “the OFT”.
(12) In section 305 (investigations by Director), for “Director” (in each place) and “him” (in each place) there is substituted “OFT” and “it” respectively.
(13) In section 306 (consideration by Competition Commission), for “Director's”, “Director” (in each place) and “him” (in each place) there is substituted “OFT's”, “OFT” and “the OFT” respectively.
(14) In—
(a) section 307 (recognition orders: role of the Treasury), and
(b) section 310 (procedure on exercise of certain powers by the Treasury),
for “Director” there is substituted “OFT”.
(15) In section 313(1) (interpretation of Part 18), for the definition of “Director” there is substituted—
““OFT”means the Office of Fair Trading;”.
(16) In section 399 (misleading the Director General of Fair Trading)—
(a) for “the Director General of Fair Trading” there is substituted “the Office of Fair Trading”;
(b) in the sidenote, for “the Director General of Fair Trading” there is substituted “the OFT”.
(17) In section 401 (proceedings for offences), in subsection (4), for “the Director General of Fair Trading” there is substituted “the Office of Fair Trading”.
(18) In section 427(3)(a) (transitional provisions), for “the Director General of Fair Trading” there is substituted “the Office of Fair Trading”.
(19) In Schedule 3 (EEA passport rights)—
(a) in paragraph 15(3), for “the Director General of Fair Trading” and “him” there is substituted “the Office of Fair Trading” and “it” respectively;
(b) in paragraph 23(2), for “the Director of Fair Trading” there is substituted “the Office of Fair Trading”.
(20) In Schedule 14 (role of Competition Commission)—
(a) in paragraph 2(a), for “Director” and “it” there is substituted “OFT” and “the Commission” respectively;
(b) after paragraph 2 there is inserted—
2A (1) The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3), for the purposes of any investigation by the Commission under section 162 of this Act as they apply for the purposes of references under that Part—
(a) section 109 (attendance of witnesses and production of documents etc.);
(b) section 110 (enforcement of powers under section 109: general);
(c) section 111 (penalties);
(d) section 112 (penalties: main procedural requirements);
(e) section 113 (payments and interest by instalments);
(f) section 114 (appeals in relation to penalties);
(g) section 115 (recovery of penalties); and
(h) section 116 (statement of policy).
(2) Section 110 shall, in its application by virtue of sub-paragraph (1), have effect as if—
(a) subsection (2) were omitted; and
(b) in subsection (9) the words from “or section” to “section 65(3))” were omitted.
(3) Section 111(5)(b) shall, in its application by virtue of sub-paragraph (1), have effect as if for sub-paragraph (ii) there were substituted—
“(ii) if earlier, the day on which the report of the Commission on the investigation concerned is made or, if the Commission decides not to make a report, the day on which the Commission makes the statement required by section 162(3) of the Financial Services and Markets Act 2000.”
(4) Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Commission in connection with an investigation under section 162 of this Act as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted.
(5) Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs.
(6) Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.
2B For the purposes of its application in relation to the function of the Commission of deciding in accordance with section 162(2) of this Act not to make a report, paragraph 15(7) of Schedule 7 to the Competition Act 1998 (power of the Chairman to act on his own while a group is being constituted) has effect as if, after paragraph (a), there were inserted “; or
(aa) in the case of an investigation under section 162 of the Financial Services and Markets Act 2000, decide not to make a report in accordance with subsection (2) of that section (decision not to make a report where no useful purpose would be served).”
2C (1) For the purposes of section 163 of this Act, a conclusion contained in a report of the Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the investigation concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998.
(2) If a member of a group so constituted disagrees with any conclusions contained in a report made under section 162 of this Act as the conclusions of the Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.
(3) For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Commission under section 162.”;
(c) paragraph 3 (applied provisions) shall cease to have effect.
(21) In Schedule 16 (prohibitions and restrictions imposed by Director General of Fair Trading)—
(a) in the heading, for “DIRECTOR GENERAL OF FAIR TRADING” there is substituted “OFFICE OF FAIR TRADING”;
(b) for “Director” (in each place), “his” (in each place), “he” (in both places) and “him” (in both places) there is substituted “OFT”, “its”, “the OFT” and “the OFT” respectively.
41 (1) The Terrorism Act 2000 is amended as follows.
(2) In Schedule 3A (regulated sector and supervisory authorities), in paragraph 4(1), for paragraph (d) there is substituted—
“(d) the Office of Fair Trading;”.
42 (1) The Postal Services Act 2000 is amended as follows.
(2) After section 15 (licence modification references to Commission) there is inserted—
(1) Every reference under section 15 shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made.
(2) A report of the Competition Commission on a reference under section 15 shall not have effect (and no action shall be taken in relation to it under section 17) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Commission under subsection (3).
(3) The Commission may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months.
(4) No more than one extension is possible under subsection (3) in relation to the same reference.
(5) The Commission shall, in the case of an extension made by it under subsection (3)—
(a) publish that extension in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and
(b) send a copy of what has been published by it under paragraph (a) to the licence holder and the Secretary of State.