SCHEDULE 2Transitional provision: investigation powers of the CMA

2.  The amendments made by the paragraphs of Schedule 1 listed in column 1 of the Table below to the enactments listed in column 2 of that Table do not apply in relation to any notice given before 1st April 2014 under section 109 of the 2002 Act as applied by those enactments.

(1)

Paragraph of Schedule 1

(2)

Provision of sectoral legislation amended

Paragraph 36Section 11B of the Competition Act 1980 (references under section 11: powers of investigation and penalties)(1)
Paragraph 51Section 41EB of the Gas Act 1986 (references under section 41E: application of Enterprise Act 2002)(2)
Paragraph 68Section 56CB of the Electricity Act 1989 (references under section 56C: application of Enterprise Act 2002)(3)
Paragraph 75Section 14B of the Water Industry Act 1991 (references under section 14: powers of investigation)(4)
Paragraph 76Section 16B of the Water Industry Act 1991 (competition authority’s power of veto following report: supplementary)(5)
Paragraph 78Section 17M of the Water Industry Act 1991 (references under section 17K: powers of investigation)(6)
Paragraph 79Section 17Q of the Water Industry Act 1991 (section 17P: supplementary)(7)
Paragraph 101Section 13B of the Railways Act 1993 (references under section 13: application of Enterprise Act 2002)(8)
Paragraph 102Section 15C of the Railways Act 1993 (sections 15A and 15B: supplementary)(9)
Paragraph 111Paragraph 10A of Schedule 4A to the Railways Act 1993 (references under paragraph 9: application of Enterprise Act 2002)(10)
Paragraph 112Paragraph 15 of Schedule 4A to the Railways Act 1993 (paragraphs 13 and 14: supplementary)(11)
Paragraph 150Section 12B of the Transport Act 2000 (references under section 12: application of Enterprise Act 2002)(12)
Paragraph 151Section 18 of the Transport Act 2000 (sections 15 and 16: general)(13)
Paragraph 177Section 60(9) of the Legal Services Act 2007 (duties of the competition authority)(14)
Paragraph 195Paragraph 10 of Schedule 10 to the Health and Social Care Act 2012 (references by Monitor to the CMA: powers of investigation)(15)
Paragraph 213Article 15B of the Electricity (Northern Ireland) Order 1992 (references under Article 15: powers of investigation)(16)
Paragraph 214Article 17A of the Electricity (Northern Ireland) Order 1992 (competition authority’s power to veto modifications following report)(17)
Paragraph 218Article 15B of the Gas (Northern Ireland) Order 1996 (references under Article 15: powers of investigation)(18)
Paragraph 219Article 17A of the Gas (Northern Ireland) Order 1996 (competition authority’s power to veto modifications following report)(19)
Paragraph 243Paragraph 5 of Schedule 2 to the Energy (Northern Ireland) Order 2003 (orders altering licensable activities: references under paragraph 3: application of Enterprise Act 2002)
Paragraph 245Article 5 of the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (references: powers of investigation)(20)
Paragraph 246Article 10 the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (article 9: supplementary)(21)
Paragraph 250Article 23 of the Water and Sewerage Services (Northern Ireland) Order 2006(22) (references under Article 21: powers of investigation)
Paragraph 251Article 27 of the Water and Sewerage Services (Northern Ireland) Order 2006 (competition authority’s power to veto modifications following report)(23)
(1)

1980 c. 21. Section 11B was inserted by Schedule 25 to the Enterprise Act 2002.

(2)

1986 c. 44. Section 41EB was inserted by Schedule 25 to the Enterprise Act 2002 and subsequently amended by Schedule 16 to the Communications Act 2003 and Schedule 6 to the Enterprise and Regulatory Reform Act 2012.

(3)

1989 c. 29. Section 56CB was inserted by Schedule 25 to the Enterprise Act 2002 and subsequently amended by Schedule 16 to the Communications Act 2003 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(4)

1991 c. 56. Section 14B was inserted by Schedule 25 to the Enterprise Act 2002.

(5)

Inserted by section 55 of the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(6)

Inserted by Schedule 4 to the Water Act 2003.

(7)

Inserted by Schedule 4 to the Water Act 2003 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(8)

1993 c. 43. Section 13B was inserted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communications Act 2003 and by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(9)

Inserted by section 242 of the Transport Act 2000 and amended by Schedule 25 to the Enterprise Act 2002 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments to section 15C but none is relevant to this Order.

(10)

Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communications Act 2003 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(11)

Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 16 to the Communications Act 2003 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments not relevant to this Order.

(12)

2000 c. 38. Section 12B was inserted by Schedule 25 to the Enterprise Act 2002 and is amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(13)

Substituted by Schedule 25 to the Enterprise Act 2002 and amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013. There are other amendments but none is relevant to this Order.

(14)

2007 c. 29. Section 60 is amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(15)

2012 c. 7.

(16)

S.I. 1992/231 (N.I. 1).Article 15B was inserted by Schedule 25 to the Enterprise Act 2002.

(17)

Inserted by S.I. 2003/419 (N.I. 6) and subsequently amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(18)

S.I. 1996/275 (N.I. 2). Article 15B was inserted by Schedule 25 to the Enterprise Act 2002.

(19)

S.I. 2003/419 (N.I. 6). Schedule 2 was inserted by S.I. 2003/419 (N.I. 6) and subsequently amended by S.R. 2013 No. 92 and Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(20)

S.I. 2005/3172. Article 5 is amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(21)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.

(23)

Amended by Schedule 6 to the Enterprise and Regulatory Reform Act 2013.