- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/12/2020
Point in time view as at 01/08/2015.
Competition Act 1998, Cross Heading: CMA's rules, guidance and fees is up to date with all changes known to be in force on or before 11 September 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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Textual Amendments
F1Word in s. 51 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 30 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F2CMA] may make such rules about procedural and other matters in connection with the carrying into effect of the provisions of this Part as [F3it] considers appropriate.
(2)Schedule 9 makes further provision about rules made under this section but is not to be taken as restricting the [F4CMA] powers under this section.
(3)If the [F5CMA] is preparing rules under this section [F6it] must consult such persons as he considers appropriate.
(4)If the proposed rules relate to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
(5)No rule made by the [F7CMA] is to come into operation until it has been approved by an order made by the Secretary of State.
(6)The Secretary of State may approve any rule made by the [F7CMA] —
(a)in the form in which it is submitted; or
(b)subject to such modifications as he considers appropriate.
(7)If the Secretary of State proposes to approve a rule subject to modifications he must inform the [F7CMA] of the proposed modifications and take into account any comments made by the [F7CMA] .
(8)Subsections (5) to (7) apply also to any alteration of the rules made by the [F7CMA] .
(9)The Secretary of State may, after consulting the [F7CMA] , by order vary or revoke any rules made under this section.
(10)If the Secretary of State considers that rules should be made under this section with respect to a particular matter he may direct the [F7CMA] to exercise [F8its] powers under this section and make rules about that matter.
Textual Amendments
F2Word in s. 51(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 51(1) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(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.)
F4Word in s. 51(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Word in s. 51(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in s. 51(3) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F7Word in s. 51(5)-(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 31(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Words in s. 51(10) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(38)(e); 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)[F9The CMA] must prepare and publish general advice and information about—
(a)the application of the Chapter I prohibition and the Chapter II prohibition, and
(b)the enforcement of those prohibitions.
[F10(1A)[F11The CMA] must prepare and publish general advice and information about—
(a)the application of the prohibitions in [F12Article 101(1) and Article 102]; and
(b)the enforcement by it of those prohibitions.]
(2)The [F13CMA] may at any time publish revised, or new, advice or information.
(3)Advice and information published under this section must be prepared with a view to—
(a)explaining provisions of this Part to persons who are likely to be affected by them; and
(b)indicating how the [F13CMA] expects such provisions to operate.
(4)Advice (or information) published by virtue of subsection (3)(b) may include advice (or information) about the factors which the [F13CMA] may take into account in considering whether, and if so how, to exercise a power conferred on [F14it] by Chapter I, II or III.
(5)Any advice or information published by the [F13CMA] under this section is to be published in such form and in such manner as [F15it] considers appropriate.
(6)If the [F13CMA] is preparing any advice or information under this section [F16it] must consult such persons as he considers appropriate.
(7)If the proposed advice or information relates to a matter in respect of which a regulator exercises concurrent jurisdiction, those consulted must include that regulator.
(8)In preparing any advice or information under this section about a matter in respect of which he may exercise functions under this Part, a regulator must consult—
(a)the [F17CMA] ;
(b)the other regulators; and
(c)such other persons as he considers appropriate.
Textual Amendments
F9Words in s. 52(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10S. 52(1A) inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 31(2)
F11Words in s. 52(1A) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12Words in s. 52(1A)(a) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))
F13Word in s. 52(2)-(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14Words in s. 52(4) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(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.)
F15Words in s. 52(5) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(c); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F16Words in s. 52(6) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(39)(d); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F17Word in s. 52(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 32(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
[F18(1)The [F19OFT] may charge fees, of specified amounts, in connection with the exercise by [F19it] of specified functions under this Part.
(2)Rules may, in particular, provide—
(a)for the amount of any fee to be calculated by reference to matters which may include—
(i)the turnover of any party to an agreement (determined in such manner as may be specified);
(ii)the turnover of a person whose conduct the [F19OFT] is to consider (determined in that way);
(b)for different amounts to be specified in connection with different functions;
(c)for the repayment by the [F19OFT] of the whole or part of a fee in specified circumstances;
(d)that an application or notice is not to be regarded as duly made or given unless the appropriate fee is paid.
(3)In this section—
(a)“rules” means rules made by the [F19OFT] under section 51; and
(b)“specified” means specified in rules.]
Textual Amendments
F18S. 53 ceased to have effect (1.5.2004) by virtue of The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 32 (with reg. 6(2))
F19Words in s. 53 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 38(40); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
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