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This version of this schedule contains provisions that are prospective.
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Enterprise and Regulatory Reform Act 2013, SCHEDULE 14 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 51(5)
1E+W+SThe Gas Act 1986 is amended as follows.
Commencement Information
I1Sch. 14 para. 1 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
2(1)Section 28 (orders for securing compliance) is amended as follows.E+W+S
(2)In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
(3)After subsection (4) insert—
“(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(4)In subsection (5), omit paragraph (c) and the “or” preceding it.
(5)In subsection (6)—
(a)in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and
(b)in paragraph (a), after “that it” insert “ has so decided or ”.
Commencement Information
I2Sch. 14 para. 2 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
3E+W+SIn section 30A (penalties), for subsection (2) substitute—
“(2)Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2A)The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I3Sch. 14 para. 3 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
4E+W+SThe Electricity Act 1989 is amended as follows.
Commencement Information
I4Sch. 14 para. 4 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
5(1)Section 25 (orders for securing compliance) is amended as follows.E+W+S
(2)In subsections (1), (2) and (4), for “(5) and” (in each place where it occurs) substitute “ (4A) to ”.
(3)After subsection (4) insert—
“(4A)Before making a final order or making or confirming a provisional order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(4B)The Authority shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(4)In subsection (5), omit paragraph (d) and the “or” preceding it.
(5)In subsection (6)—
(a)in the words before paragraph (a), after “the Authority” insert “ decides that it would be more appropriate to proceed under the Competition Act 1998 or ”, and
(b)in paragraph (a), after “that it” insert “ has so decided or ”.
Commencement Information
I5Sch. 14 para. 5 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
6E+W+SIn section 27A (penalties), for subsection (2) substitute—
“(2)Before imposing a penalty on a regulated person under subsection (1), the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2A)The Authority shall not impose a penalty on a regulated person under subsection (1) if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I6Sch. 14 para. 6 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
7E+W+SIn section 43 (functions with respect to competition), in subsection (6), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.
Commencement Information
I7Sch. 14 para. 7 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
8E+WThe Water Industry Act 1991 is amended as follows.
Commencement Information
I8Sch. 14 para. 8 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
9(1)Section 19 (exception to duty to enforce) is amended as follows.E+W
(2)For subsection (1A) substitute—
“(1A)Before making an enforcement order or confirming a provisional enforcement order, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(1B)The Authority shall not make an enforcement order or confirm a provisional enforcement order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(3)In subsection (3)—
(a)in the words before paragraph (a), for “is satisfied as mentioned in subsection (1A) above” substitute “ has decided that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b)in paragraph (a), after “satisfied” insert “ or has so decided ”.
Commencement Information
I9Sch. 14 para. 9 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
10E+WIn section 22A (penalties), for subsection (13) substitute—
“(13)Before imposing a penalty under this section, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(14)The Authority shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I10Sch. 14 para. 10 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
11E+W+SThe Railways Act 1993 is amended as follows.
Commencement Information
I11Sch. 14 para. 11 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
12(1)Section 55 (orders for securing compliance) is amended as follows.E+W+S
(2)For subsection (5A) substitute—
“(5A)Before making a final order or making or confirming a provisional order, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5AA)The Office of Rail Regulation shall not make a final order or make or confirm a provisional order if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(3)In subsection (5D)(b), for “(5A)” substitute “ (5AA) ”.
Commencement Information
I12Sch. 14 para. 12 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
13E+W+SIn section 57A (penalties), for subsection (6) substitute—
“(6)Before imposing a penalty under this section, the Office of Rail Regulation shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(7)The Office of Rail Regulation shall not impose a penalty under this section if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I13Sch. 14 para. 13 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
14E+W+SIn section 67 (functions of the Office of Rail Regulation with respect to competition), in subsection (8), for the words from the beginning to “(3) above” substitute “ If any question arises as to whether subsection (2) or (3) above applies to any particular case ”.
Commencement Information
I14Sch. 14 para. 14 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
15(1)Section 21 of the Transport Act 2000 (exceptions to duties to secure compliance) is amended as follows.U.K.
(2)In subsection (1), omit paragraph (b) and the “or” preceding it.
(3)After subsection (5) insert—
“(6)Before making a final order or making or confirming a provisional order, the CAA must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(7)The CAA must not make a final order or make or confirm a provisional order to the extent that it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I15Sch. 14 para. 15 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
16U.K.The Communications Act 2003 is amended as follows.
Commencement Information
I16Sch. 14 para. 16 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
17U.K.In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
“(10)Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(10A)OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(10B)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.”
Commencement Information
I17Sch. 14 para. 17 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
18U.K.In section 96A (notification of contravention of condition other than SMP apparatus condition), for subsection (5) substitute—
“(5)Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(6)OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(7)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.”
Commencement Information
I18Sch. 14 para. 18 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
19U.K.In Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements) for paragraph 4 substitute—
“4(1)Before giving a notification under paragraph 2, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(2)OFCOM must not give a notification under paragraph 2 if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(3)In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.”
Commencement Information
I19Sch. 14 para. 19 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
Prospective
F120E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Prospective
F121E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Prospective
F122E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 paras. 20-22 omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 12 para. 9; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
23N.I.In article 46 of the Electricity (Northern Ireland) Order 1992, in paragraph (6), for the words from the beginning to “(2A) or (3)” substitute “ If any question arises as to whether paragraph (2) or (3) applies to any particular case ”.
Commencement Information
I20Sch. 14 para. 23 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
24N.I.The Energy (Northern Ireland) Order 2003 is amended as follows.
Commencement Information
I21Sch. 14 para. 24 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
25(1)Article 42 (orders for securing compliance) is amended as follows.N.I.
(2)In paragraph (1), for “, (5) and” substitute “ and (5) to ”.
(3)In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.
(4)In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
(5)After that paragraph insert—
“(5A)Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5B)The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(6)In paragraph (7)—
(a)in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b)in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.
Commencement Information
I22Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
26N.I.In article 45 (financial penalties), for paragraph (3) substitute—
“(3)Before imposing a penalty under paragraph (1) or (2) the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(3A)The Authority shall not impose a penalty under paragraph (1) or (2) if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I23Sch. 14 para. 26 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
27N.I.The Water and Sewerage Services (Northern Ireland) Order 2006 is amended as follows.
Commencement Information
I24Sch. 14 para. 27 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
28(1)Article 31 (exceptions to duty to enforce) is amended as follows.N.I.
(2)In paragraph (1), omit sub-paragraph (d) and the “or” preceding it.
(3)After that paragraph insert—
“(1A)Before making an enforcement order or confirming a provisional enforcement order under Article 30, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(1B)The Authority shall not make an enforcement order or confirm a provisional enforcement order under that Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(4)In paragraph (3)—
(a)in the words before sub-paragraph (a)—
(i)for “, (c) or (d)” substitute “ or (c) ”, and
(ii)after “paragraph (1)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b)in sub-paragraph (a), after “so satisfied” insert “ or has so decided ”.
Commencement Information
I25Sch. 14 para. 28 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
29N.I.In article 35 (financial penalties), for paragraph (11) substitute—
“(11)Before imposing a penalty under this Article the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(12)The Authority shall not impose a penalty under this Article if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
Commencement Information
I26Sch. 14 para. 29 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)
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