Legalize / United Kingdom / Public General Act

Enterprise Act 2002

Type Public General Act

Publication 2002-11-07

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Restriction on powers to impose penalties under section 174A

The Commission

Circumstances in which cartel offence not committed

Offences

Authorisation of action in respect of property

Information

Special administration regimes

Prohibition of appointment of administrative receiver

Interpretation

Repeal of certain bankruptcy offences

Liquidator’s powers

Duration of bankruptcy

Repeal of certain bankruptcy offences

Prohibition of appointment of administrative receiver

Abolition of Crown preference

Duration of bankruptcy

Membership of the Service

Institution of proceedings

Undertakings in lieu of reference under section 45 or 62

Enforcement of injunctions in England and Wales and Northern Ireland

Part 2 of the 1973 Act

Institution of proceedings

Undertakings in lieu of reference under section 45 or 62

Electricity Act 1989 (c. 29)

Transport Act 2000 (c. 38)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Super-complaints to OFT

Associated persons

Transport Act 2000 (c. 38)

Gas Act 1986 (c. 44)

Transport Act 2000 (c. 38)

Water Industry Act 1991 (c. 56)

Requirements for accepting undertakings and making orders

Railways Act 1993 (c. 43)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Transport Act 2000 (c. 38)

Requirements for accepting undertakings and making orders

Employment Rights Act 1996 (c. 18)

Housing Act 1996 (c. 52)

Neither old law nor new law to apply

Companies Act 1989 (c. 40)

Coal Industry Act 1994 (c. 21)

Employment Rights Act 1996 (c. 18)

Neither old law nor new law to apply

Public Records Act 1958 (c. 51)

Operation of references to OFT before commencement of section 2(3)

Public Records Act 1958 (c. 51)

Restrictive Practices Court Act 1976 (c. 33)

Estate Agents Act 1979 (c. 38)

Electricity Act 1989 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Companies Act 1989 (c. 40)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Companies Act 1989 (c. 40)

Water Resources Act 1991 (c. 57)

Tribunals and Inquiries Act 1992 (c. 53)

Companies Act 1989 (c. 40)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Courts and Legal Services Act 1990 (c. 41)

Osteopaths Act 1993 (c. 21)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Osteopaths Act 1993 (c. 21)

Chiropractors Act 1994 (c. 17)

Courts and Legal Services Act 1990 (c. 41)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Greater London Authority Act 1999 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

General

Neither old law nor new law to apply

Housing Act 1996 (c. 52)

Coal Industry Act 1994 (c. 21)

Public Records Act 1958 (c. 51)

Employment Rights Act 1996 (c. 18)

Public Records Act 1958 (c. 51)

Agricultural Marketing Act 1958 (c. 47)

Transport Act 2000 (c. 38)

Gas Act 1986 (c. 44)

Water Act 1989 (c. 15)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Telecommunications Act 1984 (c. 12)

Water Act 1989 (c. 15)

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Companies Act 1989 (c. 40)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Water Industry Act 1991 (c. 56)

Courts and Legal Services Act 1990 (c. 41)

Coal Industry Act 1994 (c. 21)

Water Industry Act 1991 (c. 56)

Consumer Protection Act 1987 (c. 43)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Financial Services and Markets Act 2000 (c. 8)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Supplementary provision for purposes of section 25

Transport Act 2000 (c. 38)

Companies Act 1985 (c. 6)

Monopoly references

Company Directors Disqualification Act 1986 (c. 46)

Housing Act 1996 (c. 52)

Operation of references to OFT before commencement of section 2(3)

Public Records Act 1958 (c. 51)

Telecommunications Act 1984 (c. 12)

Competition Act 1980 (c. 21)

Financial Services and Markets Act 2000 (c. 8)

Telecommunications Act 1984 (c. 12)

Enforcement undertakings and orders

Gas Act 1986 (c. 44)

Copyright, Designs and Patents Act 1988 (c. 48)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Water Industry Act 1991 (c. 56)

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Coal Industry Act 1994 (c. 21)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Water Industry Act 1991 (c. 56)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Greater London Authority Act 1999 (c. 29)

Relevant enterprises

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Attendance of witnesses and production of documents etc.

Defamation

Penalties

Further publicity requirements: Part 4

Restricted PI references: decision of Secretary of State

Restricted PI references: reversion of the matter to CMA

Provision of information etc. to the public

Certain duties of relevant authorities to consult: Part 4

Authorisation of action in respect of property

Offences

Privileged information etc.

Cartel offence: supplementary

Overseas disclosures for overseas purposes only

Special administration regimes

Overseas disclosures

Notice to OFT of intended prosecution

Duration of bankruptcy

Interpretation

Abolition of Crown preference

Repeal of certain bankruptcy offences

Unsecured creditors

Fees

Disqualification from office: local government

Insolvency Services Accounts

Introductory

Telecommunications Act 1984 (c. 12)

Institution of proceedings

Telecommunications Act 1984 (c. 12)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

General restrictions on conduct

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Airports Act 1986 (c. 31)

Railways Act 1993 (c. 43)

Gas Act 1986 (c. 44)

Electricity Act 1989 (c. 29)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Water Industry Act 1991 (c. 56)

Requirements for accepting undertakings and making orders

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Termination of undertakings and orders

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Transport Act 2000 (c. 38)

Employment Rights Act 1996 (c. 18)

Calculating shareholdings

Insolvency Act 1986 (c. 45)

Agricultural Marketing Act 1958 (c. 47)

The Competition Service

Coal Industry Act 1994 (c. 21)

Superannuation Act 1972 (c. 11)

Introduction

Airports Act 1986 (c. 31)

Agricultural Marketing Act 1958 (c. 47)

Water Industry Act 1991 (c. 56)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Companies Act 1989 (c. 40)

Broadcasting Act 1996 (c. 55)

Chiropractors Act 1994 (c. 17)

Broadcasting Act 1990 (c. 42)

Osteopaths Act 1993 (c. 21)

Broadcasting Act 1996 (c. 55)

Competition Act 1980 (c. 21)

Chiropractors Act 1994 (c. 17)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Electricity Act 1989 (c. 29)

Restrictive Practices Court Act 1976 (c. 33)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Civil Aviation Act 1982 (c. 16)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Consumer Protection Act 1987 (c. 43)

Broadcasting Act 1990 (c. 42)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Water Industry Act 1991 (c. 56)

Broadcasting Act 1990 (c. 42)

Water Resources Act 1991 (c. 57)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Data Protection Act 1998 (c. 29)

Broadcasting Act 1996 (c. 55)

Gas Act 1986 (c. 44)

Data Protection Act 1998 (c. 29)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

34A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigation and report by the CMA

Undertakings in lieu of references under section 22(1), 33(1), 68B or 68C

46A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance of witnesses and production of documents etc.

The Director General of Fair Trading

Newspaper mergers

Merger notices

Annual and other reports

Section 139(1) intervention notices: Secretary of State's duty to refer

Implementation trials: supplementary

Register of undertakings and orders: Part 4

Interpretation of sections 192 to 201

Cartel offence

Privileged information etc.

Applications

Use and further disclosure of information disclosed under sections 243A and 243B

Liquidator’s powers

Powers of trustee in bankruptcy

Interpretation

Special administration regimes

Prohibition of appointment of administrative receiver

Application of insolvency law to foreign company

Provision of financial assistance for consumer purposes

General

Postal Services Act 2000 (c. 26)

Electricity Act 1989 (c. 29)

Broadcasting Act 1990 (c. 42)

General restrictions on conduct

Postal Services Act 2000 (c. 26)

Electricity Act 1989 (c. 29)

Water Industry Act 1991 (c. 56)

Introduction

Associated persons

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

State owned investors

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Requirements for accepting undertakings and making orders

Water Industry Act 1991 (c. 56)

Estate Agents Act 1979 (c. 38)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Neither old law nor new law to apply

Gas Act 1986 (c. 44)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Courts and Legal Services Act 1990 (c. 41)

Broadcasting Act 1990 (c. 42)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Competition Act 1998 (c. 41)

Chiropractors Act 1994 (c. 17)

Data Protection Act 1998 (c. 29)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Electricity Act 1989 (c. 29)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Housing Act 1996 (c. 52)

Insolvency Act 1986 (c. 45)

Superannuation Act 1972 (c. 11)

Housing Act 1996 (c. 52)

Public Records Act 1958 (c. 51)

Operation of references to OFT before commencement of section 2(3)

Monopoly references

Restrictive Practices Court Act 1976 (c. 33)

Transport Act 2000 (c. 38)

Magistrates’ Courts Act 1980 (c. 43)

Coal Industry Act 1994 (c. 21)

Telecommunications Act 1984 (c. 12)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Water Act 1989 (c. 15)

Water Industry Act 1991 (c. 56)

Companies Act 1989 (c. 40)

Chiropractors Act 1994 (c. 17)

Courts and Legal Services Act 1990 (c. 41)

Broadcasting Act 1990 (c. 42)

Chiropractors Act 1994 (c. 17)

Tribunals and Inquiries Act 1992 (c. 53)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Competition Act 1998 (c. 41)

Data Protection Act 1998 (c. 29)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Competition Act 1998 (c. 41)

Water Industry Act 1991 (c. 56)

Tribunals and Inquiries Act 1992 (c. 53)

Water Resources Act 1991 (c. 57)

Osteopaths Act 1993 (c. 21)

Coal Industry Act 1994 (c. 21)

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Broadcasting Act 1990 (c. 42)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Chiropractors Act 1994 (c. 17)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Data Protection Act 1998 (c. 29)

Competition Act 1998 (c. 41)

Channel Tunnel Rail Link Act 1996 (c. 61)

Telecommunications Act 1984 (c. 12)

Data Protection Act 1998 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Authorisation of action in respect of property

Abolition of Crown preference

Special administration regimes

Interpretation

Unsecured creditors

Repeal of certain bankruptcy offences

Application of insolvency law to foreign company

Interpretation

Insolvency Services Account: interest

Airports Act 1986 (c. 31)

Introductory

Telecommunications Act 1984 (c. 12)

Gas Act 1986 (c. 44)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Railways Act 1993 (c. 43)

Gas Act 1986 (c. 44)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Termination of undertakings and orders

Magistrates’ Courts Act 1980 (c. 43)

Operation of references to OFT before commencement of section 2(3)

Coal Industry Act 1994 (c. 21)

Public Records Act 1958 (c. 51)

Estate Agents Act 1979 (c. 38)

Insolvency Act 1986 (c. 45)

Companies Act 1989 (c. 40)

Telecommunications Act 1984 (c. 12)

Consumer Protection Act 1987 (c. 43)

Pensions etc. of former Directors

Companies Act 1989 (c. 40)

Water Act 1989 (c. 15)

Railways Act 1993 (c. 43)

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Broadcasting Act 1990 (c. 42)

Railways Act 1993 (c. 43)

Water Resources Act 1991 (c. 57)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Telecommunications Act 1984 (c. 12)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Consumer Protection Act 1987 (c. 43)

Gas Act 1986 (c. 44)

Telecommunications Act 1984 (c. 12)

Electricity Act 1989 (c. 29)

Enforcement undertakings and orders

Broadcasting Act 1990 (c. 42)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Restrictive Practices Court Act 1976 (c. 33)

Water Industry Act 1991 (c. 56)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Civil Aviation Act 1982 (c. 16)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Agricultural Marketing Act 1958 (c. 47)

Coal Industry Act 1994 (c. 21)

Agricultural Marketing Act 1958 (c. 47)

Public Records Act 1958 (c. 51)

Introductory

Consumer Protection Act 1987 (c. 43)

Employment Rights Act 1996 (c. 18)

Telecommunications Act 1984 (c. 12)

Osteopaths Act 1993 (c. 21)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Information

Interpretation

Post-discharge restrictions

Repeal of certain bankruptcy offences

General modifications

Provision of financial assistance for consumer purposes

General

Insolvency Services Accounts

Electricity Act 1989 (c. 29)

Telecommunications Act 1984 (c. 12)

General restrictions on conduct

Telecommunications Act 1984 (c. 12)

Railways Act 1993 (c. 43)

Transport Act 2000 (c. 38)

General

Introduction

Companies Act 1985 (c. 6)

Coal Industry Act 1994 (c. 21)

Employment Rights Act 1996 (c. 18)

Housing Act 1996 (c. 52)

Introduction

Operation of references to OFT before commencement of section 2(3)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Water Resources Act 1991 (c. 57)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1996 (c. 55)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Transport Act 2000 (c. 38)

Enforcement undertakings and orders under this Part: general provisions

Post-discharge restrictions

Interpretation

Abolition of Crown preference

Prohibition of appointment of administrative receiver

Liquidator’s powers

Abolition of Crown preference

Repeal of certain powers of direction

Statutory restrictions following reference under section 45 or 62

Meaning of “the decision-making authority”

Water Industry Act 1991 (c. 56)

Gas Act 1986 (c. 44)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Electricity Act 1989 (c. 29)

Requirements for accepting undertakings and making orders

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Transport Act 2000 (c. 38)

Termination of undertakings and orders

Transport Act 2000 (c. 38)

Termination of undertakings and orders

Voting rights

Enforcement undertakings and orders

Shares or rights held “indirectly”

Housing Act 1996 (c. 52)

Data Protection Act 1998 (c. 29)

Water Resources Act 1991 (c. 57)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Railways Act 1993 (c. 43)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Transport Act 2000 (c. 38)

Voting rights

Monopoly references

Introduction

Agricultural Marketing Act 1958 (c. 47)

Superannuation Act 1972 (c. 11)

Agricultural Marketing Act 1958 (c. 47)

Estate Agents Act 1979 (c. 38)

Gas Act 1986 (c. 44)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Water Act 1989 (c. 15)

Electricity Act 1989 (c. 29)

Airports Act 1986 (c. 31)

Water Act 1989 (c. 15)

Water Industry Act 1991 (c. 56)

Broadcasting Act 1996 (c. 55)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Competition Act 1998 (c. 41)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Broadcasting Act 1996 (c. 55)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Greater London Authority Act 1999 (c. 29)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

218A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9C

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market.

Companies Act 1985 (c. 6)

Employment Rights Act 1996 (c. 18)

Introduction

Enforcement undertakings and orders

Estate Agents Act 1979 (c. 38)

Airports Act 1986 (c. 31)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Electricity Act 1989 (c. 29)

Airports Act 1986 (c. 31)

Electricity Act 1989 (c. 29)

Broadcasting Act 1990 (c. 42)

Water Resources Act 1991 (c. 57)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Coal Industry Act 1994 (c. 21)

Data Protection Act 1998 (c. 29)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Railways Act 1993 (c. 43)

Broadcasting Act 1990 (c. 42)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Competition Act 1998 (c. 41)

Channel Tunnel Rail Link Act 1996 (c. 61)

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

20B

(1) This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to the stability of the UK financial system) but not for any other purposes of Part 3 or 4 or any other enactment.

(2) The order may make such provision as the person making the order considers to be appropriate in the interest of maintaining the stability of the UK financial system.

(3) Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4) This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order.

(5) In this paragraph “relevant order” means an order—

(a) which is to be made following the giving of an intervention notice or special intervention notice which mentions the consideration specified in section 58(2D) (including, in the case of a notice given before the consideration was so specified, an intervention notice which mentions the consideration as a consideration which ought to be specified in section 58); and

(b) to which the consideration is still relevant.

Shares or rights held “indirectly”

Patents Act 1977 (c. 37)

Gas Act 1986 (c. 44)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Claims on behalf of consumers

Gas Act 1986 (c. 44)

Pensions etc. of former Directors

Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

Competition Act 1998 (c. 41)

Water Industry Act 1991 (c. 56)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Data Protection Act 1998 (c. 29)

Coal Industry Act 1994 (c. 21)

Channel Tunnel Rail Link Act 1996 (c. 61)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Restrictive Practices Court Act 1976 (c. 33)

Estate Agents Act 1979 (c. 38)

Gas Act 1986 (c. 44)

Civil Aviation Act 1982 (c. 16)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

General

Osteopaths Act 1993 (c. 21)

Competition Act 1998 (c. 41)

Water Industry Act 1991 (c. 56)

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

9D

Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Companies Act 1985 (c. 6)

Superannuation Act 1972 (c. 11)

Introduction

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Gas Act 1986 (c. 44)

Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

Magistrates’ Courts Act 1980 (c. 43)

Companies Act 1985 (c. 6)

Coal Industry Act 1994 (c. 21)

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Broadcasting Act 1996 (c. 55)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Time when enterprises cease to be distinct

9DB

Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC.

9E

Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts.

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Amendment of 1998 Act relating to the Tribunal

Chiropractors Act 1994 (c. 17)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Competition Act 1998 (c. 41)

Chiropractors Act 1994 (c. 17)

Channel Tunnel Rail Link Act 1996 (c. 61)

Competition Act 1998 (c. 41)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Broadcasting Act 1990 (c. 42)

Water Industry Act 1991 (c. 56)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Data Protection Act 1998 (c. 29)

Chiropractors Act 1994 (c. 17)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Utilities Act 2000 (c. 27)

Transport Act 2000 (c. 38)

Agricultural Marketing Act 1958 (c. 47)

Neither old law nor new law to apply

Restrictive Practices Court Act 1976 (c. 33)

Airports Act 1986 (c. 31)

Consumer Protection Act 1987 (c. 43)

Telecommunications Act 1984 (c. 12)

Airports Act 1986 (c. 31)

Osteopaths Act 1993 (c. 21)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Osteopaths Act 1993 (c. 21)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Estate Agents Act 1979 (c. 38)

Competition Act 1998 (c. 41)

Greater London Authority Act 1999 (c. 29)

Terrorism Act 2000 (c. 11)

Transport Act 2000 (c. 38)

Fast-track reference requests: procedure

Duty to remedy effects of completed or anticipated mergers

Exceptions to protection given by merger notices

Attendance of witnesses and production of documents etc.

Restriction on powers to impose penalties under section 110

Duty to publish market study notice

Defamation: Part 4

Exercise of powers by authorised person

Restrictions where public interest considerations not finalised: Part 4

Full PI references: remedial action by Secretary of State

Super-complaints to regulators other than CMA

Replacement of Part II of Insolvency Act 1986

Interim online interface orders

Interpretation

Repeal of certain bankruptcy offences

Duration of bankruptcy

Disqualification from office: general

Minor and consequential amendments

Enforcement of injunctions in England and Wales and Northern Ireland

General restrictions on conduct

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Magistrates’ Courts Act 1980 (c. 43)

Company Directors Disqualification Act 1986 (c. 46)

Operation of references to OFT before commencement of section 2(3)

Agricultural Marketing Act 1958 (c. 47)

Neither old law nor new law to apply

Restrictive Practices Court Act 1976 (c. 33)

Patents Act 1977 (c. 37)

Estate Agents Act 1979 (c. 38)

Competition Act 1980 (c. 21)

Airports Act 1986 (c. 31)

Gas Act 1986 (c. 44)

Airports Act 1986 (c. 31)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Companies Act 1989 (c. 40)

Broadcasting Act 1990 (c. 42)

Osteopaths Act 1993 (c. 21)

Tribunals and Inquiries Act 1992 (c. 53)

Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

Coal Industry Act 1994 (c. 21)

Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

Patents Act 1977 (c. 37)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

Competition Act 1980 (c. 21)

Civil Aviation Act 1982 (c. 16)

Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

Airports Act 1986 (c. 31)

Osteopaths Act 1993 (c. 21)

Tribunals and Inquiries Act 1992 (c. 53)

Railways Act 1993 (c. 43)

Chiropractors Act 1994 (c. 17)

Coal Industry Act 1994 (c. 21)

Channel Tunnel Rail Link Act 1996 (c. 61)

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

Data Protection Act 1998 (c. 29)

Financial Services and Markets Act 2000 (c. 8)

Postal Services Act 2000 (c. 26)

Transport Act 2000 (c. 38)

8A

The CMA may not under this Part support a public consumer advice scheme, where that support of a scheme consists of providing, or securing the provision of, an arrangement for giving advice without charge to individual consumers on matters personal to them.

34ZA

(1) In carrying out its function of deciding whether to make a reference under section 22(1) or 33(1), the CMA shall, within the initial period—

(a) decide whether the duty to make a reference under the subsection applies (taking account of the power under section 22(2) or (as the case may be) 33(2) and the operation of section 22(3) or (as the case may be) 33(3)); and

(b) inform the persons carrying on the enterprises concerned by notice of the decision and of the reasons for it.

(1A) In carrying out its function of making a reference under section 22(1A) or 33(1A), the CMA must, within the initial period, inform the persons carrying on the enterprises concerned by notice of the making of the reference.

(2) Nothing in this section prevents the CMA from making a reference under section 22(1) or 33(1) in the event that—

(a) it decides that the duty to make a reference does not apply because it is considering whether to accept undertakings under section 73; but

(b) no such undertakings are offered or accepted.

(3) In this section—

“the initial period” means (subject to any extension under section 34ZB) the period of 40 working days beginning with— where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference;

(4) For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to—

(a) arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or

(b) the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34ZB

(1) The CMA may extend the initial period for the purposes of section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question.

(2) In subsection (1), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(3) For the purposes of subsection (2), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(4) Where an intervention notice is in force in relation to the matter concerned, the CMA may extend the initial period by no more than 20 working days.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An extension under subsection (1) or (4) comes into force when published under section 107.

(7) An extension under subsection (1) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34ZC

(1) An extension of the initial period for the purposes of section 34ZA(1) may be made under each of subsections (1) or (4) of section 34ZB.

(2) No more than one extension is possible under section 34ZB(4).

(3) Where a period is extended or further extended under section 34ZB(1) or (4), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period mentioned in section 34ZA(1) is further extended;

(b) the further extension and at least one previous extension is made under subsection (1) of section 34ZB; and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order do either or both of the following—

(a) amend section 34ZA so as to alter the period of 40 working days mentioned in subsection (3) of that section or any period for the time being mentioned in that subsection in substitution for that period;

(b) amend section 34ZB so as to alter the period of 20 working days mentioned in subsection (4) of that section or any period for the time being mentioned in that subsection in substitution for that period.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 34ZA(3) exceeding 40 working days; or

(b) the period for the time being mentioned in section 34ZB(4) exceeding 20 working days.

(8) Before making an order under subsection (6), the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41A

(1) The CMA shall discharge its duty under section 41(2) within the period of 12 weeks beginning with the date on which it publishes the report concerned under section 38.

(2) The CMA may extend, by no more than 6 weeks, the period within which its duty under section 41(2) shall be discharged if it considers that there are special reasons for doing so.

(3) The CMA may extend the period within which its duty under section 41(2) shall be discharged if it considers that a relevant person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 109 which is given in relation to the reference.

(4) In subsection (3), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(5) For the purposes of subsection (4), a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(6) An extension under subsection (2) or (3) comes into force when published under section 107.

(7) An extension under subsection (3) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

41B

(1) A period extended under section 41A(2) may also be extended under section 41A(3), and a period extended under section 41A(3) may also be extended under section 41A(2).

(2) No more than one extension is possible under section 41A(2).

(3) Where a period is extended or further extended under section 41A(2) or (3), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA must discharge its duty under section 41(2) is further extended;

(b) the further extension and at least one previous extension is made under section 41A(3); and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order amend section 41A so as to alter either or both of the following periods—

(a) the period of 12 weeks mentioned in subsection (1) of that section or any period for the time being mentioned in that subsection in substitution for that period;

(b) the period of 6 weeks mentioned in subsection (2) of that section or any period for the time being mentioned in that subsection in substitution for that period.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 41A(1) exceeding 12 weeks; or

(b) the period for the time being mentioned in section 41A(2) exceeding 6 weeks.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

73A

(1) A party concerned who wishes to offer an undertaking to the CMA for the purposes of section 73(2) or (3B) must do so before the end of the period of 5 working days beginning with—

(a) the day after the CMA gives the person the notice required by section 34ZA(1)(b); ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If an undertaking is offered for the purposes of section 73(2) or (3B), the CMA shall, before the end of the period of 10 working days beginning with the day mentioned in subsection (1)—

(a) decide whether there are reasonable grounds for believing that the undertaking or a modified version of it might be accepted by the CMA under section 73(2) or (3B), and

(b) if it considers that it might be, give notice to the person who offered the undertaking that it is considering it.

(3) If such a notice is given, the CMA shall decide whether to accept the undertaking before the end of the period of 50 working days beginning with the day mentioned in subsection (1).

(4) The CMA may extend the period mentioned in subsection (3), by no more than 40 working days, if it considers that there are special reasons for doing so.

(5) The CMA shall prepare and publish guidance in relation to the exercise of its power under subsection (4).

(6) The CMA may revise any such guidance and, where it does so, shall publish the revised statement.

(7) The CMA may extend the period mentioned in subsection (3) if it considers that a relevant person has failed (with or without reasonable excuse) to comply with any requirement of a notice given under section 109 in relation to the case in question.

(8) In subsection (7), “relevant person” means—

(a) any person carrying on any of the enterprises concerned;

(b) any person who (whether alone or as a member of a group) owns or has control of any such person; or

(9) For the purposes of subsection (8), a person or group of persons able, directly or indirectly, to control or materially influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(10) An extension under subsection (4) or (7) comes into force when published under section 107.

(11) An extension under subsection (7) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73B

(1) A period extended under section 73A(4) may also be extended under section 73A(7), and a period extended under section 73A(7) may also be extended under section 73A(4).

(2) No more than one extension is possible under section 73A(4).

(3) Where a period is extended or further extended under section 73A(4) or (7), the period as extended or (as the case may be) further extended is, subject to subsections (4) and (5), to be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA must discharge its duty under section 73A(3) is further extended,

(b) the further extension and at least one previous extension is made under section 73A(7), and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) are to be disregarded.

(6) The Secretary of State may by order amend section 73A so as to alter one or more of the periods for the time being mentioned in the section.

(7) But no alteration may be made by virtue of subsection (6) which results in—

(a) the period mentioned in section 73A(1) exceeding 5 working days;

(b) the period mentioned in section 73A(2) exceeding 10 working days;

(d) the period mentioned in section 73A(4) exceeding 40 working days.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

94A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94B

(1) The CMA shall prepare and publish a statement of policy in relation to the exercise of functions under—

(a) section 94 ...; and

(b) section 94AA.

(2) The CMA shall, in particular, include a statement about the considerations relevant to the determination of the amount of any penalty imposed under section 94AA.

(3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.

(4) The CMA shall consult the Secretary of State and such other persons as it considers appropriate when preparing or revising its statement of policy.

(5) A statement or revised statement of policy may not be published under this section unless the Secretary of State approves the statement.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents

131A

(1) This section applies to a case where the CMA has published a market study notice and—

(a) the CMA is proposing to make a reference under section 131 in relation to the matter specified in the notice; or

(b) a representation has been made to the CMA within the period specified in the notice under section 130A(3)(b) to the effect that such a reference should be made but the CMA is proposing not to make such a reference.

(2) The CMA shall—

(a) publish notice of the proposal concerned; and

(b) consult the relevant persons about the proposal, in such manner as it considers practicable, before deciding whether to make a reference.

(3) The CMA may, for the purposes of subsection (1), ignore any representation which it considers to be frivolous or vexatious.

(4) For the purposes of subsection (2), a person is a “relevant person” if the CMA considers that its decision whether to make a reference is likely to have a substantial impact on the person's interests.

(5) In consulting a person for the purposes of this section, the CMA shall, so far as practicable, give its reasons for the proposal.

(6) In considering what is practicable for the purposes of this section, the CMA shall, in particular, have regard to—

(a) the restrictions imposed by the time-table for making the decision (see section 131B); and

(b) any need to keep what is proposed, or the reasons for it, confidential.

131B

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where the CMA has published a market study notice it shall, within the period of 12 months beginning with the date on which it publishes the notice, prepare and publish a report (referred to in this Part as a “market study report”) which sets out—

(a) the findings of the CMA in relation to the matter specified in the notice; and

(b) the action (if any) which the CMA proposes to take , or has taken, in relation to the matter.

(5) In a case to which section 131A applies, the market study report shall, in particular, contain—

(a) the decision of the CMA to make a reference under section 131 in relation to the matter specified in the market study notice, the decision to accept an undertaking under section 154A instead of, or in addition to, making such a reference or (as the case may be) the decision otherwise not to make such a reference;

(b) the CMA's reasons for the decision; and

(c) such information as the CMA considers appropriate for facilitating a proper understanding of its reasons for the decision.

(6) Where a market study report contains a decision of the CMA to make a reference under section 131 in relation to a matter, the CMA shall, at the same time as it publishes the report, make the reference.

(7) Subsections (4) to (6) are subject to section 140A (duty of Secretary of State to refer in public interest intervention cases).

(8) Where the CMA—

(a) has published a market study notice, and

(b) has decided not to make a reference under section 131 in relation to the matter specified in the notice,

the CMA may subsequently make a reference under section 131 in relation to the matter (without first publishing a market study notice in relation to the matter) only where subsection (9) applies.

(9) This subsection applies where—

(a) the reference under section 131 is made two years or more after the publication of the market study report in relation to the market study notice, or

(b) there has been a material change in circumstances since the preparation of the report.

131C

(1) The Secretary of State may by order amend section 131B so as to alter one or more of the following periods—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the period of 12 months mentioned in subsection (4) or any period for the time being there mentioned in substitution for that period.

(2) But no alteration may be made by virtue of subsection (1) which results in—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the period for the time being mentioned in subsection (4) exceeding 12 months.

(3) Before making an order under this section the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

138A

(A1) Subsection (A3) applies in relation to an adverse effect on competition in respect of which the CMA—

(a) has begun an implementation trial under section 161C, or

(b) considers that it is not reasonably practicable to discharge its duty under section 138(2) in accordance with subsection (1) as a result of such an implementation trial in respect of another adverse effect on competition.

(A2) Subsection (1) applies in relation to any other adverse effect on competition.

(A3) Where this subsection applies, the CMA must discharge its duty under section 138(2) before the day specified under section 161D(5)(b)(ii).

(1) Where this subsection applies, the CMA shall discharge its duty under section 138(2) within the period of 6 months beginning with the date on which it publishes the report concerned under section 136.

(2) The CMA may extend, by no more than 4 months, the period within which its duty under section 138(2) is required to be discharged in accordance with subsection (1) if it considers that there are special reasons for doing so.

(3) The CMA may extend the period within which its duty under section 138(2) is required to be discharged if it considers that—

(a) a person has failed (whether with or without reasonable excuse) to comply with any requirement of a notice under section 174 which was given in relation to the reference; and

(b) the failure is preventing the CMA from properly discharging its duty under section 138(2).

(4) An extension under subsection (2) or (3) shall come into force when published under section 172.

(5) An extension under subsection (3) continues in force until—

(a) the person concerned provides the information or documents to the satisfaction of the CMA or (as the case may be) appears as a witness in accordance with the requirements of the CMA; or

(b) the CMA publishes its decision to cancel the extension.

138B

(1) A period extended under section 138A(2) may also be extended under section 138A(3), and a period extended under section 138A(3) may also be extended under section 138A(2).

(2) No more than one extension is possible under section 138A(2).

(3) Where a period is extended or further extended under section 138A(2) or (3), the period as extended or (as the case may be) further extended shall, subject to subsections (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(4) Subsection (5) applies where—

(a) the period within which the CMA shall discharge its duty under section 138(2) is further extended;

(b) the further extension and at least one previous extension is made under section 138A(3); and

(c) the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(5) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (4)(c) shall be disregarded.

(6) The Secretary of State may by order amend section 138A so as to alter one or more of the following periods—

(a) the period of 6 months mentioned in subsection (1) or any period for the time being there mentioned in substitution for that period;

(b) the period of 4 months mentioned in subsection (2) or any period for the time being there mentioned in substitution for that period.

(7) But no alteration shall be made by virtue of subsection (6) which results in—

(a) the period for the time being mentioned in section 138A(1) exceeding 6 months; or

(b) the period for the time being mentioned in section 138A(2) exceeding 4 months.

(8) Before making an order under subsection (6) the Secretary of State shall consult the CMA and such other persons as the Secretary of State considers appropriate.

174A

(1) The CMA may impose a penalty on a person in accordance with section 174D where the CMA considers that—

(a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174;

(b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 174(7);

(c) the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 174.

(1A) The relevant authority may impose a penalty on a person in accordance with section 174D where the authority considers that—

(a) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to the authority in connection with any of the authority’s functions under this Part;

(b) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to another person knowing that the information was to be used for the purpose of supplying information to the authority in connection with any function of the authority under this Part.

(1B) In this section, and in sections 174B to 174D, “the relevant authority” means—

(a) the CMA;

(b) the Secretary of State;

(1C) But the relevant authority may not proceed against a person under this section in relation to an act or omission which constitutes an offence under section 116A or 117 as applied by section 180 if the person has, by reason of that act or omission, been found guilty of that offence.

(2) The CMA may proceed (whether at the same time or at different times) under subsection (1)(a) and section 138A(3) in relation to the same failure.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In deciding whether and, if so, how to proceed under subsection (1) or (1A) or section 138A(3), the CMA shall have regard to the statement of policy which was most recently published under section 174E at the time the act or omission occurred.

(9) In this section—

(a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

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