Enterprise Act 2002

Chapter 4 U.K. Supplementary

Modifications etc. (not altering text)

C1 Pt. 4 modified by 2012 c. 7, s. 73(3)(b) (as substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 189(4)(c) (with art. 3))

C2 Pt. 4 modified by 2000 c. 38, s. 86(4A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 154(6) (with art. 3))

C3 Pt. 4 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 57; S.I. 2014/416, art. 2(1)(c) (with Sch.)

C4 Pt. 4 modified by 2012 c. 19, s. 60(3A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 197(5) (with art. 3))

C5 Pt. 4 certain functions made exercisable concurrently (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 59(1)-(5), 148(5); S.I. 2014/823, art.

C6 Pt. 4 modified by 1991 c. 56, s. 31(4) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 84(5)(d) (with art. 3))

C7 Pt. 4 modified by 1989 c. 29, s. 43(2B) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 65(4)(d) (with art. 3))

C8 Pt. 4 modified by 1986 c. 44, s. 36A (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 50(4)(d) (with art. 3))

C9 Pt. 4 modified by 1993 c. 43, s. 67(4)(d) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 105(4)(d) (with art. 3))

Regulated markets U.K.

168 Regulated markets U.K.

(1) Subsection (2) applies where the [F1 CMA] or the Secretary of State is considering for the purposes of this Part whether relevant action would be reasonable and practicable for the purpose of remedying, mitigating or preventing an adverse effect on competition or any detrimental effect on customers so far as resulting from such an effect.

(2) The [F1 CMA] or (as the case may be) the Secretary of State shall, in deciding whether such action would be reasonable and practicable, have regard to the relevant statutory functions of the sectoral regulator concerned.

(3) In this section “relevant action” means—

(a) [F2 modifying the conditions of a licence granted under section 7 of the Telecommunications Act 1984 (c. 12);]

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) modifying the conditions of a licence granted under section 7 [F4 or 7A][F4 , 7A [F5 , 7AA, 7AB or 7AC]] of the Gas Act 1986 (c. 44);

(d) modifying the conditions of a licence granted under section 6 of the Electricity Act 1989 (c. 29);

(e) modifying networking arrangements (within the meaning given by [F6 section 290 of the Communications Act 2003]);

(f) modifying the conditions of a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56);

[F7 (ff) modifying the conditions of a licence granted under Chapter 1A of Part 2 of the Act of 1991 or modifying the terms and conditions of an agreement under section 66D [F8 or 117E] of that Act;]

(g) modifying the conditions of a licence granted under article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1));

(h) modifying the conditions of a licence granted under section 8 of the Railways Act 1993 (c. 43);

[F9 (hh) modifying the conditions of a SNRP issued pursuant to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005;]

(i) modifying an access agreement (within the meaning given by section 83(1) of the Act of 1993) or a franchise agreement (within the meaning given by section 23(3) of that Act);

F10 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) modifying the conditions of a licence granted under article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2));

F11 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) modifying the conditions of a licence granted under section 5 of the Transport Act 2000 (c. 38);

[F12 (n) modifying the conditions of a company's appointment under Chapter I of Part III of the Water and Sewerage Services (Northern Ireland) Order 2006;]

[F13 (o) modifying regulatory conditions imposed under Part 3 of the Postal Services Act 2011;]

[F14 (p) modifying the conditions of a licence issued under section 87 of the Health and Social Care Act 2012;]

[F15 (q) modifying the conditions of a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012][F16 ; or

(r) modifying the conditions of a licence granted under section 7 of the Energy Act 2023.]

(4) In this section “relevant statutory functions” means—

(a) [F17 in relation to any licence granted under section 7 of the Telecommunications Act 1984, the duties and obligations of the Director General of Telecommunications imposed on him by or in pursuance of any enactment or other provision mentioned in section 7(5)(a) of that Act;]

F18 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in relation to any licence granted under section 7 [F19 or 7A][F19 , 7A [F20 , 7AA, 7AB or 7AC]] of the Gas Act 1986 (c. 44), the objectives and duties of the Gas and Electricity Markets Authority under section 4AA and 4AB(2) of that Act;

(d) in relation to any licence granted under section 6 of the Electricity Act 1989 (c. 29), the objectives and duties of the Gas and Electricity Markets Authority under section 3A and 3B(2) of that Act;

[F21 (e) in relation to any networking arrangements (within the meaning given by section 290 of the Communications Act 2003), the duty of the Office of Communications under subsection (1) of section 3 of that Act to secure the matters mentioned in subsection (2)(c) of that section;]

(f) in relation to a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), the duties of [F22 the Water Services Regulation Authority] under section 2 of that Act;

[F23 (ff) in relation to a licence granted under Chapter 1A of Part 2 of the Act of 1991 or an agreement under section 66D [F24 or 117E] of that Act, the duties of the Authority under section 2 of that Act or under that section and section 66D [F24 or 117E] of that Act (as the case may be);]

(g) in relation to any licence granted under article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)), [F25 the objective and duties of the Northern Ireland Authority for Utility Regulation under Article 12 of the Energy (Northern Ireland) Order 2003 (S.I. 2003/419 (N.I. 6))];

(h) in relation to any licence granted under section 8 of the Railways Act 1993 (c. 43) [F26 where none of the conditions of the licence relate to consumer protection], the duties of the [F27 Office of Rail and Road] under section 4 of that Act;

[F28 (hh) in relation to a SNRP issued pursuant to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 where none of the conditions of the SNRP relate to consumer protection, the duties of the Department for Regional Development under regulation 36 of those Regulations;]

(i) [F29 in relation to any licence granted under section 8 of the Act of 1993 where one or more than one condition of the licence relates to consumer protection, the duties of the [F30 Office of Rail Regulation] under section 4 of that Act and the duties of the Strategic Rail Authority under section 207 of the Transport Act 2000 (c. 38);]

(j) in relation to any access agreement (within the meaning given by section 83(1) of the Act of 1993), the duties of the [F27 Office of Rail and Road] under section 4 of the Act of 1993;

(k) in relation to any franchise agreement (within the meaning given by section 23(3) of the Act of 1993), the duties of the [F31 Secretary of State, the Scottish Ministers and the National Assembly for Wales under section 4 of the Act of 1993];

F32 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) in relation to any licence granted under article 8 of the Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2)), [F33 the objective and duties of the Northern Ireland Authority for Utility Regulation under Article 14 of the Energy (Northern Ireland) Order 2003];

F34 (n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) in relation to any licence granted under section 5 of the Transport Act 2000, the duties of the Civil Aviation Authority under section 87 of that Act;

[F35 (p) in relation to a company's appointment under Chapter I of Part III of the Water and Sewerage Services (Northern Ireland) Order 2006, the duties of the Northern Ireland Authority for Utility Regulation under Article 6 of that Order];

[F36 (q) in relation to regulatory conditions imposed under Part 3 of the Postal Services Act 2011, the duty of the Office of Communications under section 29 of that Act;]

[F37 (r) in relation to any licence issued under section 87 of the Health and Social Care Act 2012, the duties of [F38 NHS England] under sections 62 and 66 of that Act;]

[F39 (s) in relation to a licence granted under Chapter 1 of Part 1 of the Civil Aviation Act 2012, the duties of the Civil Aviation Authority under section 1 of that Act][F40 , and

(t) in relation to a licence granted under section 7 of the Energy Act 2023, the objectives and duties of the Gas and Electricity Markets Authority under section 1 of that Act].

(5) In this section “sectoral regulator” means—

(a) the Civil Aviation Authority;

[F41 (b) the Northern Ireland Authority for Utility Regulation.]

(d) [F42 the Director General of Telecommunications;]

(e) the Water Services Regulation Authority;

(f) the Gas and Electricity Markets Authority;

[F43 (g) the Office of Communications;]

F44 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the [F27 Office of Rail and Road]; F45 . . .

[F46 (ia) [F47 NHS England];]

[F48 (j) the Secretary of State;

(k) the Scottish Ministers; or

(l) the National Assembly for Wales][F49 or

(k) the Department for Regional Development.]

(6) Subsection (7) applies where the [F50 CMA] or the Secretary of State is considering for the purposes of this Part whether modifying the conditions of a licence granted under section 7 [F51 or 7A][F51 , 7A [F52 , 7AA, 7AB or 7AC]] of the Gas Act 1986 (c. 44) [F53 , section 6] of the Electricity Act 1989 (c. 29) [F54 or section 7 of the Energy Act 2023] would be reasonable and practicable for the purpose of remedying, mitigating or preventing an adverse effect on competition or any detrimental effect on customers so far as resulting from such an effect.

(7) The [F50 CMA] or (as the case may be) the Secretary of State may, in deciding whether modifying the conditions of such a licence would be reasonable and practicable, have regard to those matters to which the Gas and Electricity Markets Authority may have regard by virtue of section 4AA(4) of the Act of 1986 or (as the case may be) section 3A(4) of the Act of 1989.

(8) The Secretary of State may by order modify subsection (3), (4), (5), (6) or (7).

(9) Part 2 of Schedule 9 (which makes provision for functions under this Part to be exercisable by various sectoral regulators) shall have effect.

Textual Amendments

F1 Word in s. 168(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 198 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 S. 168(3)(a) repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 389(1), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F3 S. 168(3)(b) omitted (1.4.2014) by virtue of Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 14(2)(a) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)

F4 Words in s. 168(3)(c) substituted (E.W.S.) (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 31

F5 Words in s. 168(3)(c) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 16(a); S.I. 2024/957, reg. 2(a)

F6 Words in s. 168(3)(e) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 17 para. 174(5)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F7 S. 168(3)(ff) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 55(2)(a); S.I. 2005/2714, art. 3(c)

F8 Words in s. 168(3)(ff) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 129(2); S.I. 2017/462, art. 3(k)(xxiv)

F9 S. 168(3)(hh) inserted (N.I.) (3.1.2006) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 (S.R. 2005/537), reg. 45, Sch. 5 Pt. 1 para. 4(a)

F10 S. 168(3)(j) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(2), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F11 S. 168(3)(l) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 164(2)(a); S.I. 2011/2329, art. 3

F12 S. 168(3)(n) added (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 308, Sch. 12 para. 46(3) (with arts. 8(9), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F13 S. 168(3)(o) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 164(2)(b); S.I. 2011/2329, art. 3

F14 S. 168(3)(p) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 74(7)(a), 306(4); S.I. 2013/671, art. 2(3)

F15 S. 168(3)(q) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 14(2)(b) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)

F16 S. 168(3)(r) and preceding word inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 8(2)(b)

F17 S. 168(4)(a) repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F18 S. 168(4)(b) omitted (1.4.2014) by virtue of Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 14(3)(a) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 5(1)(b)

F19 Words in s. 168(4)(c) substituted (E.W.S.) (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 31

F20 Words in s. 168(4)(c) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 16(b); S.I. 2024/957, reg. 2(a)

F21 S. 168(4)(e) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 17 para. 174(5)(b) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F22 Words in s. 168(4)(f) substituted (1.4.2006) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 7 para. 36(3)(a); S.I. 2005/2714, art. 4(f)

F23 S. 168(4)(ff) inserted (1.12.2005) by Water Act 2003 (c. 37), ss. 101(1), 105(3), Sch. 8 para. 55(2)(b); S.I. 2005/2714, art. 3(c)

F24 Words in s. 168(4)(ff) inserted (1.4.2017) by Water Act 2014 (c. 21), s. 94(3), Sch. 7 para. 129(3); S.I. 2017/462, art. 3(k)(xxiv)

F25 Words in s. 168(4)(g) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(3)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F26 Words in s. 168(4)(h) repealed (E.W.S.) (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 18(2)(a), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F27 Words in s. 168(4)(h)(j)(5)(i) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(q)(ii)

F28 S. 168(4)(hh) inserted (N.I.) (3.1.2006) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 (S.R. 2005/537), reg. 45, Sch. 5 Pt. 1 para. 4(b)

F29 S. 168(4)(i) repealed (E.W.S.) (24.7.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 18(2)(b), Sch. 13 Pt. 1 (with s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1909, art. 2, Sch.

F30 Words in s. 168 substituted (5.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 16(5), 120(1), Sch. 2 para. 19(u); S.I. 2004/827, art. 4(g)

F31 Words in s. 168(4)(k) substituted (E.W.S.) (24.7.2005 for certain purposes and 16.10.2005 otherwise) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 18(2)(c); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F32 S. 168(4)(l) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(3)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F33 Words in s. 168(4)(m) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(3)(c), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F34 S. 168(4)(n) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 164(3)(a); S.I. 2011/2329, art. 3

F35 S. 168(4)(p) added (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 308, Sch. 12 para. 46(4) (with arts. 8(9), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F36 S. 168(4)(q) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 164(3)(b); S.I. 2011/2329, art. 3

F37 S. 168(4)(r) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 74(7)(b), 306(4); S.I. 2013/671, art. 2(3)

F38 Words in s. 168(4)(r) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(3)(d), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F39 S. 168(4)(s) inserted (6.4.2013) by Civil Aviation Act 2012 (c. 19), s. 110(1), Sch. 9 para. 14(3)(b) (with Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(3)

F40 S. 168(4)(t) and preceding word inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 8(3)(b)

F41 S. 168(5)(b) substituted (N.I.) (1.4.2007) for s. 168(5)(b)(c) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 308, Sch. 12 para. 46(5) (with arts. 8(9), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)

F42 S. 168(5)(d) repealed (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(7), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F43 S. 168(5)(g) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 17 para. 174(5)(c) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1) (subject to arts. 3(3), 11)

F44 S. 168(5)(h) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 164(4); S.I. 2011/2329, art. 3

F45 Word in s. 168(5)(i) repealed (16.10.2005 for E.W.S) and omitted (3.1.2006 for N.I.) by virtue of Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1; S.I. 2005/2812, art. 2(1), Sch. 1; S.R. 2005/537, reg. 45, Sch. 5 Pt. 1 para. 4(c)

F46 S. 168(5)(ia) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 74(7)(c), 306(4); S.I. 2013/671, art. 2(3)

F47 Words in s. 168(5)(ia) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 140(4), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F48 S. 168(5)(j)-(l) substituted (E.W.S.) (24.7.2005 for certain purposes and 16.10.2005 otherwise) for s. 168(5)(j) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 12 para. 18(3); S.I. 2005/1909, art. 2, Sch.; S.I. 2005/2812, art. 2(1), Sch. 1

F49 S. 168(5)(k) inserted (N.I.) (3.1.2006) by The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2005 (S.R. 2005/537), reg. 45, Sch. 5 Pt. 1 para. 4(c)(ii)

F50 Word in s. 168(6)(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 198 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F51 Words in s. 168(6) substituted (E.W.S.) (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 31

F52 Words in s. 168(6) substituted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 16(c); S.I. 2024/957, reg. 2(a)

F53 Words in s. 168(6) substituted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 8(4)(a)

F54 Words in s. 168(6) inserted (26.12.2023) by Energy Act 2023 (c. 52), s. 334(3)(a), Sch. 5 para. 8(4)(b)

Modifications etc. (not altering text)

C10 S. 168 applied (with modifications) (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 1(f)

C11 S. 168: power to amend conferred (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 138(2)-(7), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 10, 20)

C12 S. 168(3)(h) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 8(a)

C13 S. 168(4)(h) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 8(a)

S. 168(4)(h) modified (28.11.2005) by The Railway (Licensing of Railway Undertakings) Regulations 2005 (S.I. 2005/3050), reg. 14, Sch. 3 para. 8(b)

Consultation, information and publicity U.K.

169 Certain duties of relevant authorities to consult: Part 4 U.K.

(1) Subsection (2) applies where the relevant authority is proposing to make a relevant decision in a way which the relevant authority considers is likely to have a substantial impact on the interests of any person.

(2) The relevant authority shall, so far as practicable, consult that person about what is proposed before making that decision.

(3) In consulting the person concerned, the relevant authority shall, so far as practicable, give the reasons of the relevant authority for the proposed decision.

(4) In considering what is practicable for the purposes of this section the relevant authority shall, in particular, have regard to—

(a) any restrictions imposed by any timetable for making the decision; and

(b) any need to keep what is proposed, or the reasons for it, confidential.

(5) The duty under this section shall not apply in relation to the making of any decision so far as particular provision is made elsewhere by virtue of this Part for consultation before the making of that decision.

(6) In this section—

• “the relevant authority” means the [F55 CMA, the appropriate Minister] [F56 or the Secretary of State]; and

• “relevant decision” means—

  (a)

  in the case of the [F57 CMA], any decision by the [F57 CMA]—

  (i)

  [F58 to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned;

  (ia)

  as to whether to accept undertakings [F59 in lieu of a reference under section 154A];]

  (ii)

  to vary under section 135 such a reference [F60 ; or—

  (iii)

  on the questions mentioned in section 134, 141 or 141A; F61 ...]

  (iv)

  [F62 to accept undertakings or make orders under section 161C; and]

  (v)

  [F63 to take action under section 162A(5); and]

  (b)

  in the case of the appropriate Minister [F64 (other than the Secretary of State acting alone)], any decision by the appropriate Minister—

  (i)

  F65 ... to make a reference under section 132; or

  (ii)

  to vary under section 135 such a reference; F66 ...

  [F67 in the case of the Secretary of State, any decision by the Secretary of State—

  (i)

  to make a reference under section 132;

  (ii)

  to vary under section 135 such a reference;

  (iii)

  in a case where the Secretary of State is required to make a reference under section 140A, whether to make a reference under subsection (5) or (6) of that section; or

  (iv)

  to vary under section 140B a reference made under section 140A(6).]

  (c)

  F66 ...

Textual Amendments

F55 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F56 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F57 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F58 Words in s. 169(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 13(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F59 Words in s. 169(6) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 14; S.I. 2024/1226, regs. 1(2), 2(1)(12)

F60 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F61 Word in s. 169(6) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 10(2); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F62 Words in s. 169(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 10(3); S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F63 Words in s. 169(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(6), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F64 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F65 Words in s. 169(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 13(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F66 Words in s. 169(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 199(d) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F67 Words in s. 169(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 29(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

170 General information duties U.K.

F68 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The [F69 CMA] shall give the Secretary of State or the appropriate Minister so far as he is not the Secretary of State acting alone—

(a) such information in [F70 its possession] as the Secretary of State or (as the case may be) the appropriate Minister concerned may by direction reasonably require to enable him to carry out his functions under this Part; and

(b) any other assistance which the Secretary of State or (as the case may be) the appropriate Minister concerned may by direction reasonably require for the purpose of assisting him in carrying out his functions under this Part and which it is within the power of the [F71 CMA] or (as the case may be) the Commission to give.

(4) The [F72 CMA] shall give the Secretary of State or the appropriate Minister so far as he is not the Secretary of State acting alone any information in its possession which has not been requested by the Secretary of State or (as the case may be) the appropriate Minister concerned but which, in the opinion of the [F72 CMA], would be appropriate to give to the Secretary of State or (as the case may be) the appropriate Minister concerned for the purpose of assisting him in carrying out his functions under this Part.

(5) [F73 The Secretary of State] or (as the case may be) the appropriate Minister concerned shall have regard to any information given to him under subsection (3) or (4).

(6) Any direction given under subsection (3)—

(a) shall be in writing; and

(b) may be varied or revoked by a subsequent direction.

Textual Amendments

F68 S. 170(1)(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F69 Words in s. 170(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F70 Words in s. 170(3)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F71 Words in s. 170(3)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F72 Word in s. 170(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F73 Words in s. 170(5) substituted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 200(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

171 Advice and information: Part 4 U.K.

(1) F74 ... [F75 The CMA] shall prepare and publish general advice and information about [F76 —

(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 [F77 CMA] may at any time publish revised, or new, advice or information.

F78 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78 (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 [F79 CMA] expects such provisions to operate.

F80 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Advice (or information) published by virtue of subsection (1) F81 ... may include advice (or information) about the factors which the [F82 CMA] 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 [F83 CMA] under this section shall be published in such manner as the [F84 CMA] considers appropriate.

(9) In preparing any advice or information under this section, the [F85 CMA shall consult such persons] and such other persons as it considers appropriate.

F86 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Words 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.)

F75 Words 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.)

F76 Words 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.)

F77 Word 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.)

F78 S. 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.)

F79 Word 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.)

F80 S. 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)

F81 Words 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.)

F82 Word 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.)

F83 Word 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.)

F84 Word 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.)

F85 Words 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.)

F86 S. 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.)

F87 S. 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)

172 Further publicity requirements: Part 4 U.K.

(1) The [F88 CMA] shall publish—

(a) any reference made by it under section 131[F89 , other than a reference treated as so made by virtue of section 140A(5)(b)];

[F90 (aa) any decision not to make a reference under section 131 following a consultation in relation to the matter concerned under section 169;]

(b) any variation made by it under section 135 of a reference under section 131;

(c) any decision of a kind mentioned in section 149(5)(b); and

(d) such information as it considers appropriate about any decision made by it under section 152(1) to bring a case to the attention of the Secretary of State.

(2) The [F91 CMA shall also] publish—

[F92 (za) any extension by it under section 137 of the period within which a report under section 136 is to be prepared and published;

(zb) any extension by it under section 138A of the period within which its duty under section 138(2) is to be discharged;]

[F93 (zc) any decision made by it under section 138A(A1)(b) that it is not reasonably practicable for the CMA to discharge its duty under section 138(2) in accordance with section 138A(1);]

(a) any decision made by it under section 138(2) neither to accept an undertaking under section 159 nor to make an order under section 161;

(b) any decision made by it that there has been a material change of circumstances as mentioned in section 138(3) or there is another special reason as mentioned in that section;

[F94 (ba) any extension by it under section 144 of the period within which a report under section 142 is to be prepared and action is to be taken in relation to it;]

(c) any termination under section 145(1) of an investigation by it;

F95 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any enforcement undertaking accepted by it under section 157;

(f) any enforcement order made by it under section 158; F96 ...

(g) any variation, release or revocation of such an undertaking or order[F97 ; and

(h) any decision by it to take action under section 162A(5).]

(3) The Secretary of State shall publish—

(a) any reference made by him under section 132;

(b) any variation made by him under section 135 of a reference under section 132;

(c) any intervention notice given by him;

(d) any decision made by him to revoke such a notice;

[F98 (da) any reference made by him under section 140A(5) or (6);

(db) any variation made by him under section 140B of a reference under section 140A(6);]

(e) any decision made by him under section 147(2) [F99 or (as the case may be) 147A(2)] neither to accept an undertaking under section 159 nor to make an order under section 161;

(f) any enforcement undertaking accepted by him under section 157;

(g) any variation or release of such an undertaking; and

(h) any direction given by him under section 170(3) in connection with the exercise by him of his functions under section 132(3).

(4) The appropriate Minister (other than the Secretary of State acting alone) shall publish—

(a) any reference made by him under section 132;

(b) any variation made by him under section 135 of a reference under section 132; and

(c) any direction given by him under section 170(3) in connection with the exercise by him of his functions under section 132(3).

(5) Where any person is under an obligation by virtue of subsection (1), (2), (3) or (4) to publish the result of any action taken by that person or any decision made by that person, the person concerned shall, subject to subsections (6) and (7), also publish that person’s reasons for the action concerned or (as the case may be) the decision concerned.

(6) Such reasons need not, if it is not reasonably practicable to do so, be published at the same time as the result of the action concerned or (as the case may be) as the decision concerned.

(7) Subsections (5) and (6) shall not apply in relation to any case falling within subsection (1)(d) F100 ....

[F101 (7A) Subsection (6) shall not apply in relation to any case falling within subsection (1)(a)] [F102 or (3)(da)].

(8) The Secretary of State shall publish his reasons for—

(a) any decision made by him under section 146(2) [F103 or 146A(2)]; or

(b) any decision to make an order under section 153(3) or vary or revoke such an order.

(9) Such reasons may be published after—

(a) in the case of subsection (8)(a), the publication of the decision concerned; and

(b) in the case of subsection (8)(b), the making of the order or of the variation or revocation;

if it is not reasonably practicable to publish them at the same time as the publication of the decision or (as the case may be) the making of the order or variation or revocation.

(10) Where the Secretary of State has decided under section 147(2) [F104 or 147A(2)] to accept an undertaking under section 159 or to make an order under section 161, he shall (after the acceptance of the undertaking or (as the case may be) the making of the order) lay details of his decision and his reasons for it, and the [F105 CMA's] report under section 142, before each House of Parliament.

[F106 (11) Where the Secretary of State has decided, in accordance with the CMA’s advice under section 162(3) or 162A(8), to accept or release an undertaking under section 159, or to make or revoke an order under section 161, the Secretary of State must, after the acceptance or release of the undertaking or (as the case may be) the making or revocation of the order, lay details of the Secretary of State’s decision and the reasons for it, and the CMA’s advice, before each House of Parliament.]

Textual Amendments

F88 Word in s. 172(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F89 Words in s. 172(1)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F90 S. 172(1)(aa) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F91 Words in s. 172(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F92 S. 172(2)(za)(zb) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F93 S. 172(2)(zc) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 11; S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F94 S. 172(2)(ba) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F95 S. 172(2)(d) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F96 Word in s. 172(2)(f) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(a)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F97 S. 172(2)(h) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(a)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F98 S. 172(3)(da)(db) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F99 Words in s. 172(3)(e) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F100 Words in s. 172(7) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F101 S. 172(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F102 Words in s. 172(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F103 Words in s. 172(8)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F104 Words in s. 172(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F105 Words in s. 172(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F106 S. 172(11) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

173 Defamation: Part 4 U.K.

For the purposes of the law relating to defamation, absolute privilege attaches to any advice, guidance, notice or direction given, or decision or report made, by the [F107 CMA], [F108 by the Secretary of State or], by the appropriate Minister (other than the Secretary of State acting alone) F109 ... in the exercise of any of their functions under this Part.

Textual Amendments

F107 Word in s. 173 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 203(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F108 Words in s. 173 substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 203(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F109 Words in s. 173 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 203(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Investigation powers U.K.

174 [F110 Attendance of witnesses and production of documents etc.] U.K.

[F111 (1) For the purposes of this section, the permitted purposes are the following—

(a) assisting the CMA in carrying out its functions under section 5 in relation to a matter in a case where it has published a market study notice;

(b) assisting the CMA in carrying out any functions, including enforcement functions, exercisable by it under or by virtue of this Part in connection with a matter that is or has been the subject of a reference under section 131 or 132 or possible reference under section 131;

(c) assisting the CMA or the Secretary of State in carrying out any functions, including enforcement functions, of the CMA or (as the case may be) the Secretary of State under or by virtue of this Part in connection with a matter that is or has been the subject of a reference under section 140A(6) or possible reference under section 140A(5) or (6).

(2) The CMA may exercise any of the powers in subsections (3) to (5) for a permitted purpose.]

(3) The [F112 CMA] may give notice to any person requiring him—

(a) to attend at a time and [F113 at a place, or in a manner (which may be remote),] specified in the notice; and

(b) to give evidence to the [F112 CMA] or a person nominated by the [F112 CMA] for the purpose.

(4) The [F112 CMA] may give notice to any person requiring him—

(a) to produce any documents which—

(i) are specified or described in the notice, or fall within a category of document which is specified or described in the notice; and

(ii) are in that person’s custody or under his control; and

(b) to produce them at a time and place so specified and to a person so specified.

(5) The [F112 CMA] may give notice to any person who carries on any business requiring him—

(a) to supply to the [F112 CMA] such estimates, forecasts, returns or other information as may be specified or described in the notice; and

(b) to supply it at a time and place, and in a form and manner, so specified and to a person so specified.

(6) A notice under this section shall[F114 —

(a) specify the permitted purpose for which the notice is given, including the function or functions in question; and

(b)] include information about the possible consequences of not complying with the notice

[F115 (6A) The CMA or any person nominated by it for the purpose may, for a permitted purpose, take evidence on oath and for that purpose may administer oaths.]

(7) The person to whom any document is produced in accordance with a notice under this section may, for [F116 a permitted purpose], copy the document so produced.

(8) No person shall be required under this section—

(a) to give any evidence or produce any documents which he could not be compelled to give or produce in civil proceedings before the court; or

(b) to supply any information which he could not be compelled to supply in evidence in such proceedings.

(9) No person shall be required, in compliance with a notice under this section, to go more than 10 miles from his place of residence unless his necessary travelling expenses are paid or offered to him.

[F117 (9A) In subsection (1), “enforcement functions” means—

(a) in relation to the CMA—

(i) functions conferred by virtue of section 164(2)(b) on the CMA by enforcement orders;

(ii) functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(iii) functions of the CMA under or by virtue of section 160 or 162 in relation to enforcement undertakings or enforcement orders;

(b) in relation to the Secretary of State—

(i) functions conferred by virtue of section 164(2)(b) on the Secretary of State by enforcement orders;

(ii) functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders;

(iii) functions of the Secretary of State under or by virtue of section 160 in relation to enforcement undertakings or enforcement orders.]

(10) Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

(11) In this section “the court” means—

(a) in relation to England and Wales or Northern Ireland, the High Court; and

(b) in relation to Scotland, the Court of Session.

Textual Amendments

F110 S. 174 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(7), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F111 S. 174(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(2), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F112 Word in s. 174(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 204 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F113 Words in s. 174(3)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 142(6), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2)

F114 Words in s. 174(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(3), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F115 S. 174(6A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(4), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F116 Words in s. 174(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(5), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

F117 S. 174(9A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 36(6), 103(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)

Modifications etc. (not altering text)

C14 S. 174 modified by 2007 c. 29, s. 57(5) (as amended (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 176(2)(b) (with art. 3, Sch. 2 para. 4))

C15 S. 174 savings for effect of 2013 c. 24, s. 36, Sch. 11 (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 2 para. 3 (with art. 3)

[F118 174ZA Extra-territorial application of notices under section 174 U.K.

(1) This section applies to the exercise of the CMA’s power to give a person a notice under section 174(4) or (5).

(2) The power is exercisable so as to—

(a) give the notice to a person who is outside the United Kingdom (subject to subsection (3));

(b) require the production of documents, or the supply of information, held outside the United Kingdom.

(3) The CMA’s power to give a notice under section 174(4) or (5) to a person outside the United Kingdom by virtue of subsection (2)(a) is exercisable only if the person—

(a) is a United Kingdom national;

(b) is an individual who is habitually resident in the United Kingdom;

(c) is a body incorporated under the law of any part of the United Kingdom;

(d) carries on business in the United Kingdom.

(4) In subsection (3)(a) “United Kingdom national” has the same meaning as in Part 3 (see section 129(1)).

(5) Nothing in this section is to be taken to limit any other power of the CMA to give a notice under section 174(4) or (5) to a person outside the United Kingdom.]

Textual Amendments

F118 S. 174ZA inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 13 para. 17; S.I. 2024/1226, regs. 1(2), 2(1)(17)

[F119 174A Enforcement of powers under section 174: [F120 imposition of penalties] U.K.

[F121 (1) The CMA may impose a penalty on a person in accordance with section 174D where the CMA considers that—

(a) the person has, without reasonable excuse, failed to comply with any requirement of a notice under section 174;

(b) the person has, without reasonable excuse, obstructed or delayed another person in the exercise of the other person’s powers under section 174(7);

(c) the person has, without reasonable excuse, altered, suppressed or destroyed any document which the person has been required to produce by a notice under section 174.

(1A) The relevant authority may impose a penalty on a person in accordance with section 174D where the authority considers that—

(a) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to the authority in connection with any of the authority’s functions under this Part;

(b) the person has, without reasonable excuse, supplied information that is false or misleading in a material respect to another person knowing that the information was to be used for the purpose of supplying information to the authority in connection with any function of the authority under this Part.

(1B) In this section, and in sections 174B to 174D, “the relevant authority” means—

(a) the CMA;

(b) the Secretary of State;

(c) the appropriate Minister (so far as the Minister is not the Secretary of State acting alone).

(1C) But the relevant authority may not proceed against a person under this section in relation to an act or omission which constitutes an offence under section 116A or 117 as applied by section 180 if the person has, by reason of that act or omission, been found guilty of that offence.]

(2) The CMA may proceed (whether at the same time or at different times) under [F122 subsection (1)(a)] and section 138A(3) in relation to the same failure.

F123 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F123 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In deciding whether and, if so, how to proceed under subsection (1) or [F124 (1A)] or section 138A(3), the CMA shall have regard to the statement of policy which was most recently published under section 174E at the time the [F125 act or omission] occurred.

(9) In this section—

(a) the reference to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and

(b) the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

[F126 (10) Sections 112 to 115 apply in relation to a penalty imposed under section 174A(1) or (1A) as they apply in relation to a penalty imposed under section 110(1) or (1A), with the following modifications—

(a) any reference in those provisions to the appropriate authority is to be read as a reference to the relevant authority within the meaning of this section;

(b) section 114(5A) is to be read as if the words “or OFCOM” were omitted;

(c) section 114(12) is to be read as if, for paragraph (b), there were substituted—

“(b) “relevant guidance” means the statement of policy which was most recently published under section 174E at the time when the act or omission concerned occurred.”]

Textual Amendments

F119 Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F120 Words in s. 174A heading substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F121 S. 174A(1)-(1C) substituted for s. 174A(1) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(3); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F122 Words in s. 174A(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(4); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F123 S. 174A(3)-(7) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(5); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F124 Word in s. 174A(8) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F125 Words in s. 174A(8) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F126 S. 174A(10) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 27(7); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

174B Restriction on powers to impose penalties under section 174A U.K.

(1) No penalty shall be imposed by virtue of section [F127 17A(1)(a) or (b)] if more than [F128 ten] weeks have passed since the day which is the relevant day in the case in question; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.

(2) In the following provisions of this section, “the section 174 power” means the power under section 174 to which [F129 the act or omission giving rise to the penalty] in question relates.

(3) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(a), the relevant day is the day when the CMA finally concludes the carrying out of its section 5 functions.

(4) Where the section 174 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked.

(5) Except where subsection (3) or (4) applies, the relevant day is the day determined in accordance with the following provisions of this section.

(6) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a possible reference under section 131, the relevant day is the day when the CMA finally decides whether to make the reference.

(7) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a reference under section 131 or 132, the relevant day is the day when the reference is finally determined (see section 183).

(8) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a possible reference under section 140A(5) or (6), the relevant day is the day when the Secretary of State makes the reference.

(9) Where the section 174 power is exercised for the purpose mentioned in section 174(1)(c) in connection with a matter that is the subject of a reference under section 140A(6), the relevant day is the day when the reference is finally determined (see section 183).

Textual Amendments

F119 Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F127 Words in s. 174B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 28(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F128 Word in s. 174B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 28(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F129 Words in s. 174B(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 28(3); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

Modifications etc. (not altering text)

C16 S. 174B modified by 2007 c. 29, s. 57(5A) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 176(3) (with art. 3, Sch. 2 para. 4))

C17 S. 174B modified by 2000 c. 8, s. 140D(2) (as inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 124(4) (with art. 3, Sch. 2 para. 4))

174C Section 174B: supplementary provision U.K.

(1) For the purpose of section 174B(3), the CMA finally concludes the carrying out of its section 5 functions if—

(a) the CMA publishes the market study report under section 131B(4) or (as the case may be) gives it to the Secretary of State under section 140A(3)(b); or

(b) the period permitted for the preparation by the CMA of the market study report and for the report to be published under section 131B(4) or (as the case may be) given to the Secretary of State under section 140A(3)(b) expires and no such report has been so prepared or no such action has been taken.

(2) For the purpose of section 174B(3), the time when the CMA finally concludes the carrying out of its section 5 functions is—

(a) in a case falling within subsection (1)(a), the publication of the report or (as the case may be) the giving of it to the Secretary of State;

(b) in a case falling within subsection (1)(b), the expiry of the period concerned.

(3) For the purpose of section 174B(6), the CMA finally decides whether to make a reference under section 131 if—

(a) the CMA makes such a reference;

(b) the CMA accepts an undertaking [F130 fully in lieu of a reference under section 154A];

(c) the CMA publishes notice that it has otherwise decided not to make such a reference; or

(d) the period permitted for the preparation by the CMA of a market study report in relation to the matter and for the report to be published under section 131B(4) has expired and no such report has been so prepared or published.

(4) For the purpose of section 174B(6), the time when the CMA finally decides whether to make a reference under section 131 is—

(a) in a case falling within subsection (3)(a), the making of the reference;

(b) in a case falling within subsection (3)(b), the acceptance of the undertaking concerned;

(c) in a case falling within subsection (3)(c), the publication of the notice concerned;

(d) in a case falling within subsection (3)(d), the expiry of the period concerned.

(5) In subsection (4)(b) the reference to the acceptance of the undertaking concerned shall, in a case where the CMA has accepted a group of undertakings under section [F131 154A], be treated as a reference to the acceptance of the last undertaking in the group; but undertakings which vary, supersede or revoke earlier undertakings shall be disregarded for the purposes of subsections (3)(b) and (4)(b).

Textual Amendments

F119 Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F130 Words in s. 174C(3)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 15(2); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)

F131 Word in s. 174C(5) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 15(3); S.I. 2024/1226, regs. 1(2), 2(1)(12) (with Sch. para. 9, 20)

174D Penalties [F132 : amount] U.K.

(1) A penalty imposed under section 174A(1) or [F133 (1A)] shall be of such amount as [F134 the relevant authority] considers appropriate.

(2) In the case of a penalty imposed under section [F135 174A(1)(a)], the amount may be—

(a) a fixed amount;

(b) an amount calculated by reference to a daily rate; or

(c) a combination of a fixed amount and an amount calculated by reference to a daily rate.

(3) In the case of a penalty imposed under [F136 any of section 174A(1)(b), (c) or (1A)], the amount shall be a fixed amount.

(4) [F137 A penalty imposed under section 174A(1) or (1A) on a person who does not own or control an enterprise must not—]

(a) in the case of a fixed amount, exceed [F138 £30,000];

(b) in the case of an amount calculated by reference to a daily rate, exceed [F139 £15,000 per day]; and

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day F140 ....

[F141 (4A) A penalty imposed under section 174A(1) or (1A) on any other person must not—

(a) in the case of a fixed amount, exceed 1% of the total value of the turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(b) in the case of an amount calculated by reference to a daily rate, for each day exceed 5% of the total value of the daily turnover (both in and outside the United Kingdom) of the enterprises owned or controlled by the person;

(c) in the case of a fixed amount and an amount calculated by reference to a daily rate, exceed such fixed amount and such amount per day.]

F142 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F143 (6A) The Secretary of State may by regulations amend subsection (4)(a) and (b) by substituting for either or both of the sums for the time being specified in those paragraphs such other sum or sums as the Secretary of State considers appropriate.]

(7) Before making [F144 regulations under subsection (6A)], the Secretary of State shall consult—

(a) the CMA; and

(b) such other persons as the Secretary of State considers appropriate.

(8) In imposing a penalty by reference to a daily rate—

(a) no account is to be taken of any days before the service on the person concerned of [F145 provisional penalty notice under section 112(A1)] (as applied by [F146 section 174A(10)]); and

(b) unless the CMA determines an earlier date (whether before or after the penalty is imposed), the amount payable ceases to accumulate at the beginning of the earliest of the days mentioned in subsection (9).

(9) Those days are—

(a) the day on which the requirement of the notice concerned under section 174 is satisfied;

(b) the day which is the relevant day in the case in question for the purposes of section 174B.

F147 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148 (11) The Secretary of State may by regulations make provision for determining, for the purposes of this section—

(a) when an enterprise is to be treated as being controlled by a person;

(b) the turnover and daily turnover (both in and outside the United Kingdom) of an enterprise.

(12) Regulations under subsection (11)(b) may, in particular, make provision as to—

(a) the amounts which are, or which are not, to be treated as comprising an enterprise’s turnover or daily turnover;

(b) the date, or dates, by reference to which an enterprise’s turnover, or daily turnover, is to be determined.

(13) Regulations under subsection (11) may, in particular, make provision enabling the relevant authority to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of subsection (12)).]

Textual Amendments

F119 Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F132 Word in s. 174D heading inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F133 Word in s. 174D(1) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F134 Words in s. 174D(1) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F135 Word in s. 174D(2) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(4); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F136 Words in s. 174D(3) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(5); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F137 Words in s. 174D(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(6)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F138 Sum in S. 174D(4)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(6)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F139 Sum in S. 174D(4)(b) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(6)(c); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F140 Words in s. 174D(4)(c) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(6)(d); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F141 S. 174D(4A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(7); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F142 S. 174D(5)(6) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(8); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F143 S. 174D(6A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(9); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F144 Words in s. 174D(7) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(10); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F145 Words in s. 174D(8)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(11)(a); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F146 Words in s. 174D(8)(a) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(11)(b); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F147 S. 174D(10) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(12); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

F148 S. 174D(11)-(13) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 10 para. 29(13); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. para. 15, 20)

174E Statement of policy on penalties U.K.

[F149 (1) The CMA must prepare and publish a statement of policy in relation to—

(a) the imposition of penalties under section 174A, and

(b) the enforcement of notices under section 174.]

(2) The statement shall, in particular, include a statement about the considerations relevant to the determination of the nature and amount of any penalty imposed under section 174A(1) or [F150 (1A)].

(3) The CMA may revise its statement of policy and, where it does so, it shall publish the revised statement.

(4) The CMA shall consult [F151 the Secretary of State and such other] persons as it considers appropriate when preparing or revising its statement of policy.

[F152 (5) A statement or revised statement of policy may not be published under this section without the approval of the Secretary of State.]]

Textual Amendments

F119 Ss. 174A-174E inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 1; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F149 S. 174E(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 30(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F150 Word in s. 174E(2) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 30(3); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F151 Words in s. 174E(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 30(4); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F152 S. 174E(5) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 30(5); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F153 175 Enforcement of powers under section 174: offences U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153 S. 175 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 11 para. 3 (with savings in S.I. 2014/892, art. 1(1), Sch. 2 para. 3 (with art. 3)); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F154 176 Investigation powers of the Commission U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 S. 176 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 11 para. 4 (with savings in S.I. 2014/892, art. 1(1), Sch. 2 para. 3 (with art. 3)); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Reports U.K.

177 Excisions from reports [F155 etc]: Part 4 U.K.

(1) Subsection (2) applies where

[F156 (a)] the Secretary of State is under a duty to publish a report of the [F157 CMA] under section 142[F158 ;

(b) the Secretary of State is under a duty to lay the CMA’s advice under section 162(3) or 162A(8) before each House of Parliament.]

(2) The Secretary of State may exclude a matter from the report [F159 or advice] if he considers that publication of the matter [F160 , or the inclusion of it in the advice laid before Parliament,] would be inappropriate.

(3) In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4) The [F161 CMA] shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5) References in sections 136(4) to (6)F162 ... and 172(10) to the giving or laying of a report of the [F163 CMA] shall be construed as references to the giving or laying of the report as published.

Textual Amendments

F155 Word in s. 177 heading inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F156 Words in s. 177(1)(a) in s. 177(1) renumbered as s. 177(1)(a) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F157 Word in s. 177(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F158 S. 177(1)(b) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(b)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F159 Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F160 Words in s. 177(2) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(8)(c)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F161 Word in s. 177(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F162 Words in s. 177(5) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 31; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F163 Word in s. 177(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 205 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

178 Minority reports of [F164 CMA]: Part 4 U.K.

(1) Subsection (2) applies where, on a market investigation reference, a member of a group constituted in connection with the reference F165 ..., disagrees with any decisions contained in the report of the [F166 CMA] under this Part as the decisions of the [F166 CMA].

(2) The report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.

Textual Amendments

F164 Word in s. 178 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F165 Words in s. 178(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(2)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F166 Word in s. 178(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 206(2)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Other U.K.

179 Review of decisions under Part 4 U.K.

(1) Any person aggrieved by a decision of the [F167 CMA], the appropriate Minister, [F168 or the Secretary of State] in connection with a reference or possible reference under this Part may apply to the Competition Appeal Tribunal for a review of that decision.

(2) For this purpose “decision”—

[F169 (za) does not include a decision whether to carry out functions under section 5 in a case where the CMA is, or would have been, required to publish a market study notice (see section 130A(1));]

(a) does not include a decision to impose a penalty under [F170 section [F171 167A(1) or] 174A(1) or [F172 (1A)]]; but

(b) includes a failure to take a decision permitted or required by this Part in connection with a reference or possible reference.

(3) Except in so far as a direction to the contrary is given by the Competition Appeal Tribunal, the effect of the decision is not suspended by reason of the making of the application.

(4) In determining such an application the Competition Appeal Tribunal shall apply the same principles as would be applied by a court on an application for judicial review.

(5) The Competition Appeal Tribunal may—

(a) dismiss the application or quash the whole or part of the decision to which it relates; and

(b) where it quashes the whole or part of that decision, refer the matter back to the original decision maker with a direction to reconsider and make a new decision in accordance with the ruling of the Competition Appeal Tribunal.

(6) An appeal lies on any point of law arising from a decision of the Competition Appeal Tribunal under this section to the appropriate court.

(7) An appeal under subsection (6) requires the permission of the Tribunal or the appropriate court.

(8) In this section—

• “the appropriate court” means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and

• “Tribunal rules” has the meaning given by section 15(1).

Textual Amendments

F167 Word in s. 179(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 207(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F168 Words in s. 179(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 207(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F169 S. 179(2)(za) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 15; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F170 Words in s. 179(2)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 11 para. 5; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F171 Words in s. 179(2)(a) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 11 para. 19; S.I. 2024/1226, regs. 1(2), 2(1)(15)

F172 Word in s. 179(2)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 31; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

180 Offences U.K.

(1) Sections [F173 116A (intentional destruction etc of documents),] 117 (false or misleading information) and 125 (offences by bodies corporate) shall apply, with the modifications mentioned in subsection (2) below, for the purposes of this Part as they apply for the purposes of Part 3.

[F174 (1A) For the purposes of subsection (1), section 116A has effect as if—

(a) references to section 109 were references to section 174;

(b) the reference to section 110(1) or (1A) were a reference to section 174A(1) or (1A).

(1B) For the purposes of subsection (1), section 117 has effect as if—

(a) references to “the appropriate authority” were to “the relevant authority” within the meaning of section 174A;

(b) the reference to section 110(1) or (1A) were a reference to section 174A(1) or (1A).]

Textual Amendments

F173 Word in s. 180(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 32(2); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F174 S. 180(1A)(1B) substituted for s. 180(2) (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 32(3); S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

181 Orders [F175 and regulations] under Part 4 U.K.

(1) Any power of the Secretary of State to make an order [F176 or regulations] under this Part shall be exercisable by statutory instrument.

(2) Any power of the Secretary of State to make an order [F177 or regulations] under this Part—

(a) may be exercised so as to make different provision for different cases or different purposes;

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate.

(3) The power of the Secretary of State under section [F178 131C(1), 136(9), 137(3), 138B(6)], 144(2), 153(3) or 168(8) as extended by subsection (2) above may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4) An order made by the Secretary of State under section [F179 131C(1), 137(3), 138B(6)], 144(2), 158, 160 [F180 , 161, F181 ... or under section 114(3)(b) or (4)(b) as applied by [F182 section 174A(10)]], [F183 is subject to the negative procedure].

[F184 (4A) Regulations made under section 167B(9) or 174D(11) are subject to the negative procedure.]

(5) [F185 An order made] by the Secretary of State under section 136(9) or 168(8), or section 128(6) as applied by section 183(2), [F186 is subject to the affirmative procedure].

[F187 (5A) Regulations made under paragraph (b) of the definition of “qualifying remedial action” in section 161B(3), or under section 167B(7) or 174D(6A), are subject to the affirmative procedure.

(5B) Any provision that may be made by order or regulations under this Part subject to the negative procedure may instead be made by order or regulations subject to the affirmative procedure.]

(6) An order made by the Secretary of State under section 153(3) shall be laid before Parliament after being made and shall cease to have effect unless approved, within the period of 28 days beginning with the day on which it is made, by a resolution of each House of Parliament.

(7) In calculating the period of 28 days mentioned in subsection (6), no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(8) If an order made by the Secretary of State ceases to have effect by virtue of subsection (6), any modification made by it of an enactment is repealed (and the previous enactment revived) but without prejudice to the validity of anything done in connection with that modification before the order ceased to have effect and without prejudice to the making of a new order.

(9) If, apart from this subsection, an order made by the Secretary of State under section 153(3) would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.

(10) References in this section to an order made under this Part include references to an order made under section F188 ... 114(3)(b) or (4)(b) as applied by section [F189 174A(10)] and an order made under section 128(6) as applied by section 183(2).

[F190 (11) Where orders or regulations under this Part are subject to “the affirmative procedure”, the orders or regulations may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(12) Where orders or regulations under this Act are subject to “the negative procedure”, the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F175 Words in s. 181 heading inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(2) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F176 Words in s. 181(1) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(3) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F177 Words in s. 181(2) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(4) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F178 Words in s. 181(3) substituted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 12 para. 16(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F179 Words in s. 181(4) substituted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 12 para. 16(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F180 Words in s. 181(4) substituted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1)(i)(3), Sch. 11 para. 6(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F181 Words in s. 181(4) omitted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(5)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F182 Words in s. 181(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(5)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F183 Words in s. 181(4) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(5)(c) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F184 S. 181(4A) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(6) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F185 Words in s. 181(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(7)(a) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F186 Words in s. 181(5) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(7)(b) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F187 S. 181(5A)(5B) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(8) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F188 Words in s. 181(10) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 11 para. 6(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F189 Word in s. 181(10) substituted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(9) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

F190 S. 181(11)(12) inserted (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(2)(c), Sch. 14 para. 3(10) (with Sch. 19); S.I. 2024/1226, regs. 1(2), 2(1)(18)

182 Service of documents: Part 4 U.K.

Section 126 shall apply for the purposes of this Part as it applies for the purposes of Part 3.

183 Interpretation: Part 4 U.K.

(1) In this Part, unless the context otherwise requires—

• “action” includes omission; and references to the taking of action include references to refraining from action;

• “business” includes a professional practice and includes any other undertaking which is carried on for gain or reward or which is an undertaking in the course of which goods or services are supplied otherwise than free of charge;

• “change of circumstances” includes any discovery that information has been supplied which is false or misleading in a material respect;

• “consumer” means any person who is—

  (a)

  a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them; or

  (b)

  a person for whom services are or are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them;

  and who does not receive or seek to receive the goods or services in the course of a business carried on by him;

• “customer” includes a customer who is not a consumer;

• “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made;

• [F191 “enterprise” means the activities, or part of the activities, of a business;]

• “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft;

• “Minister of the Crown” means the holder of an office in Her Majesty’s Government in the United Kingdom and includes the Treasury;

• “modify” includes amend or repeal;

• “notice” means notice in writing;

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation; and

• “supply”, in relation to the supply of goods, includes supply by way of sale, lease, hire or hire-purchase, and, in relation to buildings or other structures, includes the construction of them by a person for another person.

(2) Sections 127(1)(b) and (4) to (6) and 128 shall apply for the purposes of this Part as they apply for the purposes of Part 3.

(3) For the purposes of this Part a market investigation reference is finally determined if—

(a) [F192 where the reference is made under section 131 or 132—]

(i) the period permitted by section 137 for preparing and publishing a report under section 136 has expired and no such report has been prepared and published;

(ii) such a report has been prepared and published within the period permitted by section 137 and contains the decision that there is no adverse effect on competition;

(iii) the [F193 CMA] has decided under section 138(2) neither to accept undertakings under section 159 nor to make an order under section 161;F194 ...

[F195 (iiia) the CMA has accepted an undertaking fully in lieu of a report under section 154A; or]

(iv) the [F193 CMA] has accepted an undertaking under section 159 or made an order under section 161;

(b) [F196 where the reference is a restricted PI reference or a full PI reference— ]

(i) the period permitted by section 144 for the preparation of the report of the [F193 CMA] under section 142 and for action to be taken in relation to it under section 143(1) or (3) [F197 or (as the case may be) 143A(2) or (3)] has expired while the intervention notice is still in force and no such report has been so prepared or no such action has been taken;

(ii) the [F193 CMA] has terminated under section 145(1) its investigation and the reference is finally determined under paragraph (a) above F198 ...;

(iii) the report of the [F193 CMA] has been prepared under section 142 and published under section 143(1) [F199 or (as the case may be) 143A(2)] within the period permitted by section 144;

(iv) the intervention notice was revoked and the reference is finally determined under paragraph (a) above F200 ...;

[F201 (v) the Secretary of State has failed to make and publish a decision under subsection (2) of section 146 within the period permitted by subsection (3) of that section or (as the case may be) under subsection (2) of section 146A within the period permitted by subsection (6) of that section and the reference is finally determined under paragraph (a) above;]

(vi) the Secretary of State has decided under section 146(2) that no eligible public interest consideration is relevant and the reference is finally determined under paragraph (a) above F202 ...;

[F203 (via) the Secretary of State has made no finding at all under section 146A(2) and the reference is finally determined under paragraph (a) above;]

(vii) the Secretary of State has decided under 146(2) that a public interest consideration is relevant but has decided under section 147(2) neither to accept an undertaking under section 159 nor to make an order under section 161; F204 ...

[F205 (viia) the Secretary of State has made an adverse public interest finding under section 146A(2) but has decided under section 147A(2) neither to accept an undertaking under section 159 nor to make an order under section 161;]

(viii) the Secretary of State has decided under section 146(2) that a public interest consideration is relevant and has accepted an undertaking under section 159 or made an order under section 161[F206 ; or

(ix) the Secretary of State has made an adverse public interest finding under section 146A(2) and has accepted an undertaking under section 159 or made an order under section 161.]

(4) For the purposes of this Part the time when a market investigation reference is finally determined is—

(a) in a case falling within subsection (3)(a)(i) or (b)(i), the expiry of the time concerned;

(b) in a case falling within subsection (3)(a)(ii) or (b)(iii), the publication of the report;

(c) in a case falling within subsection (3)(a)(iv) or (b)(viii) [F207 or (ix)], the acceptance of the undertaking concerned or (as the case may be) the making of the order concerned; and

(d) in any other case, the making of the decision or last decision concerned or the taking of the action concerned.

(5) The references in subsection (4) to subsections (3)(a)(i), (ii) and (iv) include those enactments as applied by subsection (3)(b)(ii), (iv), (v)[F208 , (vi) or (via)].

(6) In subsection (4)(c) the reference to the acceptance of the undertaking concerned or the making of the order concerned shall, in a case where the enforcement action concerned involves the acceptance of a group of undertakings, the making of a group of orders or the acceptance and making of a group of undertakings and orders, be treated as a reference to the acceptance or making of the last undertaking or order in the group; but undertakings or orders which vary, supersede or revoke earlier undertakings or orders shall be disregarded for the purposes of subsections (3)(a)(iv) and (b)(viii) [F209 and (ix)] and (4)(c).

(7) Any duty to publish which is imposed on a person by this Part shall, unless the context otherwise requires, be construed as a duty on that person to publish in such manner as that person considers appropriate for the purpose of bringing the matter concerned to the attention of those likely to be affected by it.

Textual Amendments

F191 Words in s. 183(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 33; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F192 Words in s. 183(3)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F193 Word in s. 183(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 208 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F194 Word in s. 183(3)(a)(iii) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 16(a); S.I. 2024/1226, regs. 1(2), 2(1)(12)

F195 S. 183(3)(a)(iiia) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 16(b); S.I. 2024/1226, regs. 1(2), 2(1)(12)

F196 Words in s. 183(3)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F197 Words in s. 183(3)(b)(i) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F198 Words in s. 183(3)(b)(ii) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F199 Words in s. 183(3)(b)(iii) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F200 Words in s. 183(3)(b)(iv) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(e); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F201 S. 183(3)(b)(v) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(f); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F202 Words in s. 183(3)(b)(vi) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(g); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F203 S. 183(3)(b)(via) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(h); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F204 Word in s. 183(3)(b) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F205 S. 183(3)(b)(viia) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(j); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F206 S. 183(3)(b)(ix) and word inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(3)(k); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F207 Words in s. 183(4)(c) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F208 Words in s. 183(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F209 Words in s. 183(6) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 32(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

184 Index of defined expressions: Part 4 U.K.

In this Part, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision of this Act
Action (and the taking of action)	Section 183(1)
Adverse effect on competition	Section 134(2) [F210 and (2A)]
[F211 Adverse public interest finding	Section 146A(3)]
Appropriate Minister	Section 132(5)
Business	Section 183(1)
Change of circumstances	Section 183(1)
[F212 The CMA	Section 273]
F213 . . .	F213 . . .
Consumer	Section 183(1)
[F214 Cross-market reference	Section 131(6)]
Customer	Section 183(1)
Date of market investigation reference	Section 137(7)
Detrimental effect on customers	Section 134(5)
Enactment	Section 183(1)
Enforcement order	Section 162(8)
Enforcement undertaking	Section 162(8)
[F215 Enterprise	Section 183(1)]
Feature of a market	Section 131(2)
Final determination of market investigation reference	Section 183(3) to (6)
[F216 Full PI reference	Section 140A(12)]
Goods	Section 183(1)
Intervention notice	Section 139(3)
Market for goods or services	Section 131(6)
Market in the United Kingdom	Section 131(6)
Market investigation reference	Section 131(6)
[F217 Market study notice	Section 130A(1)
Market study report	Section 131B(4)]
Minister of the Crown	Section 183(1)
Modify	Section 183(1)
Notice	Section 183(1)
F213 . . .	F213 . . .
[F218 Ordinary reference	Section 131(6)]
Public interest consideration	Section 139(5)
Public interest consideration being finalised	Section 139(7)
[F219 Public interest expert	Section 141B(4)]
Publish	Section 183(7)
Relevant customer benefit	Section 134(8)
Relevant sectoral enactment	Section 136(7)
Relevant sectoral regulator	Section 136(8)
Reports of the [F220 CMA]	Section 177(5)
[F221 Restricted PI reference	Section 140A(12)]
Subordinate legislation	Section 183(1)
Supply (in relation to the supply of goods)	Section 183(1)
The supply of services (and a market for services etc.)	Section 183(2)

Textual Amendments

F210 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 9(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F211 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 33(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F212 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 209(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F213 Words in s. 184 table omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 209(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F214 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 9(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F215 Words in s. 184 table inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 10 para. 34; S.I. 2024/1226, regs. 1(2), 2(1)(14) (with Sch. paras. 15(1)(2), 20)

F216 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 33(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F217 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 17; S.I. 2014/416, art. 2(1)(d) (with Sch.)

F218 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 9 para. 9(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F219 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 33(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F220 Word in s. 184 table substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 209(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F221 Words in s. 184 table inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 33(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)