- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 20/06/2003
Point in time view as at 01/04/2003.
Competition Act 1998, Chapter IV is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)There is to be a body corporate known as the Competition Commission.
(2)The Commission is to have such functions as are conferred on it by or as a result of this Act.
(3)The Monopolies and Mergers Commission is dissolved and its functions are transferred to the Competition Commission.
(4)In any enactment, instrument or other document, any reference to the Monopolies and Mergers Commission which has continuing effect is to be read as a reference to the Competition Commission.
(5)The Secretary of State may by order make such consequential, supplemental and incidental provision as he considers appropriate in connection with—
(a)the dissolution of the Monopolies and Mergers Commission; and
(b)the transfer of functions effected by subsection (3).
(6)An order made under subsection (5) may, in particular, include provision—
(a)for the transfer of property, rights, obligations and liabilities and the continuation of proceedings, investigations and other matters; or
(b)amending any enactment which makes provision with respect to the Monopolies and Mergers Commission or any of its functions.
(7)Schedule 7 makes further provision about the Competition Commission.
(1)Any party to an agreement in respect of which the [F1OFT] has made a decision may appeal to [F2the Tribunal] against, or with respect to, the decision.
(2)Any person in respect of whose conduct the [F1OFT] has made a decision may appeal to [F2the Tribunal] against, or with respect to, the decision.
(3)In this section “decision” means a decision of the [F1OFT]—
(a)as to whether the Chapter I prohibition has been infringed,
(b)as to whether the Chapter II prohibition has been infringed,
(c)as to whether to grant an individual exemption,
(d)in respect of an individual exemption—
(i)as to whether to impose any condition or obligation under section 4(3)(a) or 5(1)(c),
(ii)where such a condition or obligation has been imposed, as to the condition or obligation,
(iii)as to the period fixed under section 4(3)(b), or
(iv)as to the date fixed under section 4(5),
(e)as to—
(i)whether to extend the period for which an individual exemption has effect, or
(ii)the period of any such extension,
(f)cancelling an exemption,
(g)as to the imposition of any penalty under section 36 or as to the amount of any such penalty,
(h)withdrawing or varying any of the decisions in paragraphs (a) to (f) following an application under section 47(1),
and includes a direction given under section 32, 33 or 35 and such other decision [F3under this Part] as may be prescribed.
(4)Except in the case of an appeal against the imposition, or the amount, of a penalty, the making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.
(5)Part I of Schedule 8 makes further provision about appeals.
Textual Amendments
F1Word in s. 46 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(36); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2Words in s. 46(1)(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 2(a); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F3Words in s. 46(3) inserted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 2(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Modifications etc. (not altering text)
C1Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 3
Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6
(1)A person who does not fall within section 46(1) or (2) may apply to the Director asking him to withdraw or vary a decision (“the relevant decision”) falling within paragraphs (a) to (f) of section 46(3) or such other decision as may be prescribed.
(2)The application must—
(a)be made in writing, within such period as the Director may specify in rules under section 51; and
(b)give the applicant’s reasons for considering that the relevant decision should be withdrawn or (as the case may be) varied.
(3)If the Director decides—
(a)that the applicant does not have a sufficient interest in the relevant decision,
(b)that, in the case of an applicant claiming to represent persons who have such an interest, the applicant does not represent such persons, or
(c)that the persons represented by the applicant do not have such an interest,
he must notify the applicant of his decision.
(4)If the Director, having considered the application, decides that it does not show sufficient reason why he should withdraw or vary the relevant decision, he must notify the applicant of his decision.
(5)Otherwise, the Director must deal with the application in accordance with such procedure as may be specified in rules under section 51.
(6)The applicant may appeal to the [F4the Tribunal] against a decision of the Director notified under subsection (3) or (4).
(7)The making of an application does not suspend the effect of the relevant decision.
Textual Amendments
F4Words in s. 47(6) substituted (1.4.2003) by The Enterprise Act 2002 (Consequential and Transitory Provisions) Order 2003 (S.I. 2003/767), arts. 1, 4
Modifications etc. (not altering text)
C2Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule. 3
Ss. 46-47 modified (1.3.2000) by S.I. 2000/261, rule 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 48 repealed (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 3, Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
(1)An appeal lies—
(a)on a point of law arising from a decision of an appeal tribunal, or
(b)from any decision of an appeal tribunal as to the amount of a penalty.
(2)An appeal under this section may be made only—
(a)to the appropriate court;
(b)with leave; and
(c)at the instance of a party or at the instance of a person who has a sufficient interest in the matter.
(3)Rules under section 48 may make provision for regulating or prescribing any matters incidental to or consequential upon an appeal under this section.
(4)In subsection (2)—
“the appropriate court” means—
in relation to proceedings before a tribunal in England and Wales, the Court of Appeal;
in relation to proceedings before a tribunal in Scotland, the Court of Session;
in relation to proceedings before a tribunal in Northern Ireland, the Court of Appeal in Northern Ireland;
“leave” means leave of the tribunal in question or of the appropriate court; and
“party”, in relation to a decision, means a person who was a party to the proceedings in which the decision was made.]
Textual Amendments
F6S. 49 substituted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 4; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I1S. 49 wholly in force; s. 49 not in force at Royal Assent see s. 76(3); s. 49(3) in force at 1.4.1999 by S.I. 1999/505, art. 2 Sch. 2; s. 49(1)(2) and (4) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
(1)An appeal lies to the appropriate court—
(a)from a decision of the Tribunal as to the amount of a penalty under section 36;
(b)from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and
(c)on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.
(2)An appeal under this section—
(a)may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and
(b)requires the permission of the Tribunal or the appropriate court.
(3)In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.]
Textual Amendments
F6S. 49 substituted (1.4.2003 for specified purposes) by Enterprise Act 2002 (c. 40), s. 279, Sch. 5 para. 4; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
Commencement Information
I1S. 49 wholly in force; s. 49 not in force at Royal Assent see s. 76(3); s. 49(3) in force at 1.4.1999 by S.I. 1999/505, art. 2 Sch. 2; s. 49(1)(2) and (4) in force at 1.3.2000 by S.I. 2000/344, art. 2, Sch.
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