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Enterprise Act 2002
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Changes over time for: Section 171
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Enterprise Act 2002, Section 171 is up to date with all changes known to be in force on or before 14 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(1A) inserted by 2024 c. 13 Sch. 5 para. 2(2)
- s. 23(2)(c) and word inserted by 2024 c. 13 Sch. 4 para. 2(3)(b)
- s. 23(2B) inserted by 2024 c. 13 Sch. 4 para. 2(4)
- s. 23(4C)-(4G) inserted by 2024 c. 13 Sch. 4 para. 2(5)
- s. 33(1A) inserted by 2024 c. 13 Sch. 5 para. 3(2)
- s. 34ZA(1A) inserted by 2024 c. 13 Sch. 5 para. 4(3)
- s. 34ZD-34ZF inserted by 2024 c. 13 Sch. 5 para. 7
- s. 39(2A) inserted by 2024 c. 13 s. 131(2)(a)
- s. 39(3A) inserted by 2024 c. 13 Sch. 5 para. 8(3)
- s. 39(7A) inserted by 2024 c. 13 s. 131(2)(c)
- s. 51(2A) inserted by 2024 c. 13 s. 132(2)(a)
- s. 51(7A) inserted by 2024 c. 13 s. 132(2)(c)
- s. 59(3E)(3F) inserted by 2024 c. 13 Sch. 4 para. 6(3)
- s. 59(6A)(a)(b) substituted for words by 2024 c. 13 Sch. 4 para. 6(5)
- s. 84A-84C and cross-heading inserted by S.I. 2019/93, reg. 48A (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 86(A1) inserted by S.I. 2019/93, reg. 48B(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 89(A1) inserted by 2024 c. 13 Sch. 11 para. 9(3)
- s. 89(3) inserted by 2024 c. 13 Sch. 11 para. 9(4)
- s. 91(3)(ba) inserted by S.I. 2019/93, reg. 48E(2)(a) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92(A1) inserted by S.I. 2019/93, reg. 48F(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92A inserted by S.I. 2019/93, reg. 48G (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 107(1)(aaa) inserted by 2024 c. 13 Sch. 5 para. 14(2)(b)
- s. 107(6)(a)(b) inserted by 2024 c. 13 Sch. 5 para. 14(3)
- s. 109(A1)(c) inserted by S.I. 2019/93, reg. 50A(2) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 109(8B)(8C) inserted by S.I. 2019/93, reg. 50A(4) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110(1)-(1C) substituted for s. 110(1) by 2024 c. 13 Sch. 10 para. 15(3)
- s. 110A(3A) inserted by S.I. 2019/93, reg. 50C(3) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110A(10)(11) inserted by 2024 c. 13 Sch. 28 para. 2
- s. 111(5)(b)(iii) inserted by 2024 c. 13 Sch. 28 para. 3(d)
- s. 112(A1)-(A3) inserted by 2024 c. 13 Sch. 10 para. 18(2)
- s. 112(3A) inserted by 2024 c. 13 Sch. 10 para. 18(6)
- s. 114(5A) inserted by 2024 c. 13 Sch. 10 para. 20(5)
- s. 114(12)(a) words in s. 114(12) renumbered as s. 114(12)(a) by 2024 c. 13 Sch. 10 para. 20(7)(a)
- s. 114(12)(b) inserted by 2024 c. 13 Sch. 10 para. 20(7)(b)
- s. 116(5) inserted by 2024 c. 13 Sch. 10 para. 22(5)
- s. 116A inserted by 2024 c. 13 Sch. 10 para. 23
- s. 117(2A) inserted by 2024 c. 13 Sch. 10 para. 24(4)
- s. 120(1A)(c) inserted by 2024 c. 13 Sch. 28 para. 4(2)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by 2024 c. 13 Sch. 28 para. 4(3)(a)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by S.I. 2019/93, reg. 51A(4)(a) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 120(2)(b)(ii) inserted by 2024 c. 13 Sch. 28 para. 4(3)(b)
- s. 120(2)(b)(ii) and word inserted by S.I. 2019/93, reg. 51A(4)(b) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 123(2)(c) inserted by 2024 c. 13 Sch. 4 para. 9(3)
- s. 123(3A) inserted by 2024 c. 13 Sch. 4 para. 9(4)
- s. 131B(8)(9) inserted by 2024 c. 13 s. 135(4)
- s. 133(1A)(1B) inserted by 2024 c. 13 s. 136(2)(a)
- s. 133A(1)(aa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(b)
- s. 133A(1)(ba) inserted by 2024 c. 13 Sch. 8 para. 3(2)
- s. 133A(1)(fa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(c)
- s. 133A(2)(ca) inserted by 2024 c. 13 Sch. 9 para. 2(3)
- s. 133A(2)(za) inserted by 2024 c. 13 Sch. 8 para. 3(3)
- s. 134(2B) inserted by 2024 c. 13 s. 136(3)(c)
- s. 136(2)(aa) inserted by 2024 c. 13 Sch. 8 para. 4
- s. 138A(A1)-(A3) inserted by 2024 c. 13 Sch. 9 para. 3(2)
- s. 151(7) inserted by 2024 c. 13 s. 146(6)(d)
- s. 154A and cross-heading substituted for s. 154 and cross-heading by 2024 c. 13 Sch. 8 para. 8
- s. 155(3A) substituted for s. 155(3) by 2024 c. 13 Sch. 8 para. 9(3)
- s. 156(1)(ab) inserted by 2024 c. 13 Sch. 8 para. 10(4)(c)
- s. 156(4)-(7) inserted by 2024 c. 13 Sch. 8 para. 10(6)
- s. 161A inserted by 2024 c. 13 Sch. 11 para. 16
- s. 162A inserted by 2024 c. 13 s. 139(4)
- s. 162B inserted by 2024 c. 13 Sch. 9 para. 5
- s. 167(1)(a) words in s. 167(1) renumbered as s. 167(1)(a) by 2024 c. 13 Sch. 9 para. 7(2)(a)
- s. 167(1)(b) inserted by 2024 c. 13 Sch. 9 para. 7(2)(b)
- s. 167(10) inserted by 2024 c. 13 Sch. 11 para. 17
- s. 167B(5)(b)(i) words in s. 167B(5)(b) renumbered as s. 167B(5)(b)(i) by 2024 c. 13 Sch. 9 para. 9(2)
- s. 167B(5)(b)(ii) and word inserted by 2024 c. 13 Sch. 9 para. 9(3)
- s. 172(2)(h) and word inserted by 2024 c. 13 s. 139(7)(a)(ii)
- s. 172(2)(zc) inserted by 2024 c. 13 Sch. 9 para. 11
- s. 172(11) inserted by 2024 c. 13 s. 139(7)(b)
- s. 174A(1)-(1C) substituted for s. 174A(1) by 2024 c. 13 Sch. 10 para. 27(3)
- s. 174A(10) inserted by 2024 c. 13 Sch. 10 para. 27(7)
- s. 174E(5) inserted by 2024 c. 13 Sch. 10 para. 30(5)
- s. 174ZA inserted by 2024 c. 13 Sch. 13 para. 17
- s. 177(1)(a) words in s. 177(1) renumbered as s. 177(1)(a) by 2024 c. 13 s. 139(8)(b)(i)
- s. 177(1)(b) inserted by 2024 c. 13 s. 139(8)(b)(ii)
- s. 180(1A)(1B) substituted for s. 180(2) by 2024 c. 13 Sch. 10 para. 32(3)
- s. 183(3)(a)(iiia) inserted by 2024 c. 13 Sch. 8 para. 16(b)
- s. 194(2)(e)-(g) inserted by 2024 c. 13 s. 141(3)(b)
- s. 196(2A) inserted by 2024 c. 13 s. 141(4)
- s. 243E(2A) inserted by 2024 c. 13 Sch. 28 para. 5
- Sch. 4 para. 21B inserted by 2024 c. 13 Sch. 3 para. 9
- Sch. 5A para. 7A inserted by 2024 c. 13 Sch. 5 para. 10(4)
- Sch. 5A para. 5 5A substituted for Sch. 5A para. 5 by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 5A para. 1(2)(a)(b) substituted for words by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 10 para. 6(aa) inserted by S.I. 2019/93, reg. 59A(12)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1(aa) inserted by S.I. 2019/93, reg. 59A(4)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1A inserted by S.I. 2019/93, reg. 59A(5) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
171 Advice and information: Part 4U.K.
This section has no associated Explanatory Notes
(1)F1... [F2The CMA] shall prepare and publish general advice and information about [F3—
(a)the making and consideration by it of market investigation references, and
(b)the way in which relevant customer benefits may affect the taking of enforcement action in relation to such references.]
(2)The [F4CMA] may at any time publish revised, or new, advice or information.
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Advice and information published under this section shall be prepared with a view to—
(a)explaining relevant provisions of this Part to persons who are likely to be affected by them; and
(b)indicating how the [F6CMA] expects such provisions to operate.
F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Advice (or information) published by virtue of subsection (1) F8... may include advice (or information) about the factors which the [F9CMA] may take into account in considering whether, and if so how, to exercise a function conferred by this Part.
(8)Any advice or information published by the [F10CMA] under this section shall be published in such manner as the [F11CMA] considers appropriate.
(9)In preparing any advice or information under this section, the [F12 CMA shall consult such persons] and such other persons as it considers appropriate.
F13(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 171(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in s. 171(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in s. 171(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(2)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Word in s. 171(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5S. 171(3)(4) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Word in s. 171(5)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7S. 171(6) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 57; 2020 c. 1, Sch. 5 para. 1(1)
F8Words in s. 171(7) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(7)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in s. 171(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(7)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10Word in s. 171(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(8)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11Word in s. 171(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(8)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12Words in s. 171(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(9) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13S. 171(10) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 201(10) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14S. 171(11) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 57; 2020 c. 1, Sch. 5 para. 1(1)
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