The EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996

Procedures of MMC and General Provisions as to Reports

16.  The following provisions of the 1973 Act, namely sections 81 (procedures in carrying out investigations), 82 (general provisions as to reports), 83(1) (laying before Parliament and publication of reports), 85(2) (attendance of witnesses and production of documents), and Part II of Schedule 3(3) (performance of functions of the MMC) shall apply in relation to references under these Regulations and reports of the MMC on such references as if —

(a) a reference under these Regulations was a reference under the 1973 Act;

(b) functions of the MMC under these Regulations were functions in relation to an investigation under the 1973 Act;

(c) a report of the MMC under these Regulations were a report under the 1973 Act;

(d) in section 83 references to the Minister or Ministers were references to the Secretary of State;

(e) in section 85(6) the references to a fine on summary conviction were to a fine not exceeding the statutory maximum;

(f) in paragraph 11 of Schedule 3 the reference to a monopoly reference were to a reference under these Regulations and the reference to section 52 were a reference to regulation 7;

(g) paragraph 16(2) of Schedule 3 were omitted.

(1)

Section 83(1) was amended and subsection (1A) inserted by the Competition Act 1980 (c. 21), section 22; subsection (3A) was inserted by the Companies Act 1989 (c. 40), Schedule 20, paragraph 12.

(2)

Section 85(6) was amended by the Magistrates' Courts Act 1980 (c. 43), section 32(2); section 85(5) and words in section 85(6) were repealed by the Companies Act 1989, Schedule 24; and section 85(7) was substituted by and subsection (7A) inserted by the Companies Act 1989, Schedule 20, paragraph 13.

(3)

Paragraph 10 of Schedule 3 was amended by S.I. 1989/122, article 2.