The Enterprise Act 2002 (Mergers and Market Investigations) (Determination of Control and Turnover for Penalties) Regulations 2024

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Enterprise Act 2002 (Mergers and Market Investigations) (Determination of Control and Turnover for Penalties) Regulations 2024 and come into force on 1st January 2025.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(3) In these Regulations—

(a) “the Act” means the Enterprise Act 2002;

(b) “provisional penalty notice” means a provisional penalty notice issued pursuant to section 112(A1) of the Act(1) where the appropriate authority issuing it is minded to impose a penalty under section 94AA, 110, 167A or 174A of the Act(2);

(c) “relevant authority” means the appropriate authority issuing a provisional penalty notice.

(1)

Section 112(A1) is inserted by paragraph 18 of Schedule 10 to the 2024 Act. Section 112(A1) requires the relevant authority to issue a provisional penalty notice before a penalty can be imposed under section 94AA, 110, 167A or 174A of the Act (per section 94AA(6), 112(A1), 167B(6) and 174A(10) respectively).

(2)

Section 94AA is substituted by paragraph 11 of Schedule 11 to the 2024 Act. Section 110 was amended by paragraph 144 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 and is further amended by paragraph 15 of Schedule 10 to the 2024 Act. Section 167A is inserted by paragraph 18 of Schedule 11 to the 2024 Act and amended by paragraph 8 of Schedule 9 to that Act. Section 174A was inserted by paragraph 1 of Schedule 11 to the Enterprise and Regulatory Reform Act 2013 and is further amended by paragraph 27 of Schedule 10 to the 2024 Act.