Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Enterprise Act 2002 (Commencement No. 3, Transitional and Transitory Provisions and Savings)Order 2003, ISBN 0110464370. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
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).
Savings related to section 47 of the Competition Act 1998 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 -
Savings related to the last annual report of the Director General of Fair Trading 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.
Savings related to repeals 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.
Savings related to the application of section 6 of the Fair Trading Act 1973 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].
Savings related to action taken following certain monopoly and other references 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
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 -
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
This Order brings into force on 20th June 2003 certain provisions of the Enterprise Act 2002 ("the Act"). In particular it commences the following provisions: -
(a) The remaining provisions of Part 1 not previously commenced: sections 5 to 7, which provide for the Office of Fair Trading ("OFT") to perform various functions, and section 11, which allows for the making of super-complaints to the OFT;
(b) Section 16, which permits the making of regulations enabling the transfers of certain proceedings concerning the infringement of competition law prohibitions between the courts and the Competition Appeal Tribunal;
(c) All the provisions of Part 3 relating to mergers, other than those relating to mergers between water enterprises;
(d) Part 4, which provides for the making of market investigation references to the Competition Commission and the conduct of such references;
(e) The provisions of Part 5 not previously commenced. These in particular enable the Chairman of the Competition Commission to make rules of procedure in relation to the conduct of various reference groups of the Competition Commission;
(f) Part 6, which creates a cartel offence, and makes provision in relation to its investigation and prosecution;
(g) The provisions of Part 7 not previously commenced. Section 203 amends the provisions of the Competition Act 1998 authorising the granting of warrants giving powers of entry for the purposes of investigations into breaches of competition law. Section 204 amends the Company Directors Disqualification Act 1986 to permit the disqualification of directors involved in breaches of competition law. Section 205 permits specified consumer bodies to make super-complaints to various sectoral regulators. Section 206 permits modifications to the enforcement powers exercisable following merger and market investigations that are specified in Schedule 8. Section 208 repeals the powers to make references to the Competition Commission in Part 6 of the Fair Trading Act 1973. Section 209 gives the Secretary of State the power to modify the Competition Act 1998 and other legislation in connection with the making of regulations or directives giving effect to the principles set out in Articles 81 and 82 of the EC Treaty;
(h) Part 8, which provides for the enforcement of certain consumer legislation;
(i) Part 9, which places restrictions on the disclosure of information which comes to a public authority in connection with the exercise of functions under or by virtue of the Act and provision made under it, or such other legislation as is or may be specified;
(j) Various miscellaneous provisions in Part 11 and in the Schedules to the Act related to the above provisions, including various transitional and consequential provisions, and certain repeals.
The Order makes transitory provision to enable the continued application of the existing law relating to mergers of water and sewerage undertakings until the commencement of the provisions of the Act (in particular, section 70 and Schedule 6) which relate to water mergers. It also contains transitional provisions relating to certain mergers and various savings.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
Provision
Date of commencement
S.I. No.
Sections 1 to 4, 8, 9, 10, 12
01.04.03
2003/766
Section 13(1) to (5)
01.04.03
2003/766
Section 13(6) (partially)
18.03.03
2003/765
(remaining purposes)
01.04.03
2003/766
Section 14(1) to 14(5)
01.04.03
2003/766
Section 14(6) (partially)
01.04.03
2003/766
Sections 15 and 21
01.04.03
2003/766
Section 185 (partially)
01.04.03
2003/766
Sections 186 and 207
01.04.03
2003/766
Section 250(1) (partially)
18.03.03
2003/765
Section 273
18.03.03
2003/765
Section 274
01.04.03
2003/766
Section 275
18.03.03
2003/765
Section 276(1) (partially)
18.03.03
2003/765
Section 276(1) (partially)
01.04.03
2003/766
Section 276(2) to (4)
18.03.03
2003/765
Section 277
18.03.03
2003/765
Section 278 (partially)
01.04.03
2003/766
Schedules 1 and 2
01.04.03
2003/766
In Schedule 3, Part 1
01.04.03
2003/766
In Schedule 3, Part 2
18.03.03
2003/765
In Schedule 4 - paragraph 1
01.04.03
2003/766
In Schedule 5 -
paragraphs 1, 2(a) and (b), 3, 4 (partially), 5 to 8