2003 No. 766 (C. 40)
COMPETITION
CONSUMER PROTECTION

The Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003

Made
The Secretary of State, in exercise of the powers conferred upon her by sections 276(2) and 279 of the Enterprise Act 20021, hereby makes the following Order:

Citation and interpretation1.

(1)

This Order may be cited as the Enterprise Act 2002 (Commencement No. 2, Transitional and Transitory Provisions) Order 2003.

(2)

In this Order—

“the Act” means the Enterprise Act 2002;

“appeal tribunal” means an appeal tribunal of the Competition Commission;

“existing appeal” means an appeal made to the Competition Commission under section 46 or 47 of the Competition Act 19982 or regulation 25 or 26 of the EC Competition Law (Articles 84 and 85) Enforcement Regulations 20013 which has not been finally determined before 1st April 2003; and

“the Tribunal” means the Competition Appeal Tribunal.

(3)

In this Order (save where the context otherwise requires) references to sections and Schedules are references to sections of and Schedules to the Act.

Provisions of the Act commenced by this Order2.

1st April 2003 is the appointed day for the coming into force of the provisions of the Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.

Transitional and transitory provision3.

(1)

Any existing appeal shall be deemed to have been made to the Tribunal and shall continue as an appeal to the Tribunal and anything having any continuing effect done in relation to an existing appeal (including anything done for the purpose of an appeal from a decision made in relation to an existing appeal and anything done in connection with a request for a preliminary ruling of the Court of Justice of the European Communities in relation to an existing appeal) shall be deemed for all purposes to have been done in relation to an appeal to the Tribunal and is not to be invalidated by the commencement of any of the provisions brought into force by this Order.

(2)

Without prejudice to the generality of paragraph (1), for the purposes of any existing appeal, anything done by the President of the Competition Commission Appeal Tribunals, the Registrar of Appeal Tribunals, and an appeal tribunal shall be deemed for all purposes to have been done by the President of the Competition Appeal Tribunal, the Registrar of the Competition Appeal Tribunal, and the Tribunal, respectively, and the members of any tribunal constituted by the President of the Competition Commission Appeal Tribunals in relation to an existing appeal in accordance with paragraph 27 of Schedule 7 to the Competition Act 1998 shall be treated as being the members of the Tribunal constituted in accordance with section 14 of the Act for the purposes of the relevant appeal.

Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE ON 1st APRIL 2003

Article 2

Provisions of the Act

Purpose

Section 1 (the Office of Fair Trading)

For all purposes

Section 2 (the Director General of Fair Trading)

For all purposes

Section 3 (annual plan)

For all purposes

Section 4 (annual and other reports)

For all purposes

Section 8 (promoting good consumer practice)

For all purposes

Section 9 (repeal of certain powers of direction)

For all purposes

Section 10 (part 2 of the 1973 Act)

For all purposes

Section 12 (the Competition Appeals Tribunal)

For all purposes

Section 13 (the Competition Service)

For all purposes

Section 14(1) to 14(5) (constitution of tribunal for particular proceedings and decisions)

For all purposes

Section 14(6)

For the purpose of the provisions of Schedule 4 brought into force

Section 15 (tribunal rules)

For all purposes

Section 21 (amendments of 1998 Act)

For all purposes

Section 185 (the Commission)

For the purpose of the provisions of Schedule 11 brought into force

Section 186 (annual report of Commission)

For all purposes

Section 207 (repeal of Schedule 4 to the 1998 Act)

For all purposes

Section 274 (provision of financial assistance for consumer purposes)

For all purposes

Section 276(1) (transitional or transitory provision and savings)

For the purpose of the provisions of Schedule 24 brought into force

Section 278 (minor and consequential amendments and repeals)

For the purpose of the provisions of Schedules 25 and 26 brought into force

Schedule 1 (the Office of Fair Trading)

For all purposes

Schedule 2 (the Competition Appeal Tribunal)

For all purposes

Schedule 3 (the Competition Service)

For all remaining purposes

In Schedule 4 (tribunal: procedure)—paragraph 1

For all purposes

Schedule 5 (proceedings under Part 1 of the 1998 Act)—

paragraph 1

For all purposes

paragraph 2(a) and (b)

For all purposes

paragraph 3

For all purposes

paragraph 4

For all purposes except in relation to the decisions of the Competition Appeal Tribunal referred to in section 49(1)(b) as substituted by paragraph 4

paragraphs 5 to 8

For all purposes

In Schedule 11 (the Competition Commission)— paragraph 1

For the purpose of the other entries in Schedule 11 referred to in this Order

paragraph 2

For all purposes

paragraph 3 (except paragraph 3(c))

For all purposes save in relation to paragraph 3(c)

paragraph 4 (except paragraph 4(d))

For all purposes save in relation to paragraph 4(d)

paragraph 5

For all purposes other than the re-appointment as a member of any person who is a member on the commencement date

paragraphs 6 to 8

For all purposes

paragraph 10(1)

For the purposes of paragraph 10(3)

paragraph 10(3)

For all purposes

paragraph 12

For all purposes

In Schedule 24 (transitional and transitory provisions and savings)—

paragraphs 2 to 12, 20 and 22

For all purposes

In Schedule 25 (minor and consequential amendments)—

paragraphs 2(1), 5(1), 13(1), 14(1), 15(1), 20(1), 21(1), 24(1), 25(1), 28(1), 30(1), 33(1), 36(1), 38(1), 40(1), 42(1), 43(1), 44(1)

For the purpose of the other entries in the relevant provisions of Schedule 25 referred to in this Order.

For all purposes paragraphs 2(4), 3, 4, 5(2), 5(4)(a)(i), 6, 7, 9, 11, 13(2), 13(6), 13(8)(b) to 13(8)(d), 13(9)(a), 13(9)(b), 13(9)(c)(i), 14(5), 14(6), 15(2), 15(7) to 15(10), 15(4), 16, 17, 19, 20(2), 20(7) to 20(9), 20(10)(a), 21(2), 21(3), 21(4)(a) to 21(4)(f), 22, 23, 24(2) to 24(8), 24(9)(a) to 24(9)(d)(i), 24(9)(f)(i), 24(9)(g), 24(9)(h), 24(9)(i)(i), 24(9)(i)(ii), 24(9)(k), 24(9)(l), 25(2), 25(7), 25(8), 25(10)(a), 25(11), 25(12), 26, 27, 28(5), 28(6), 28(7)(a), 30(2)(b), 30(7), 30(9), 30(10), 30(11)(a), 30(12) to 30(14), 32, 33(5), 33(6), 34, 35, 36(5), 36(6), 36(8), 37, 38(3) to 38(34), 38(36) to 38(48), 38(51) to 38(55), 39, 40(2) to 40(20)(a), 40(21), 41, 42(6), 42(7), 43(2) to 43(3)(c)(i) and 44(6) to 44(12).

In Schedule 26 (repeals and revocations) the entries relating to the—

  • Public Records Act 19584
  • Parliamentary Commissioner Act 19675
  • Fair Trading Act 19736, sections 1, 12 to 22 and Schedules 1 and 2
  • Consumer Credit Act 19747, section 189(1)
  • House of Commons Disqualification Act 19758
  • Northern Ireland Assembly Disqualification Act 19759
  • Estate Agents Act 197910, section 33(1)
  • Competition Act 198011, section 13
  • Gas Act 198612, section 36A(1)
  • Electricity Act 198913, section 43(1)
  • Companies Act 198914, paragraph 4(5) in Schedule 14
  • Courts and Legal Services Act 199015, sections 46(3) and 119(1)
  • Broadcasting Act 199016, sections 187(3) and 194A(9)
  • Electricity (Northern Ireland) Order 199217, paragraph (1) of Article 46
  • Railways Act 199318, section 83(1)
  • Gas (Northern Ireland) Order 199619, Article 23(1)
  • Competition Act 199820, sections 3(1), 48, 59(1), 61(1) and Schedules 4 to 6, paragraphs 1, 2, 4 to 7 and 9 of Schedule 7, and Schedule 8.

For all purposes

(This note is not part of the Order)

This Order brings into force on 1st April 2003 certain provisions of the Enterprise Act 2002. In particular, those provisions (a) create the Office of Fair Trading (OFT) and transfer the existing functions of the Director General of Fair Trading to the OFT (sections 1 and 2); (b) provide the OFT with the function of promoting good consumer practice (section 8); (c) create the Competition Appeal Tribunal (“the Tribunal”) (section 12), provide for its constitution for certain proceedings (section 14 and schedule 2) and its rules (section 15 and schedule 4), and enable it to perform the functions formerly performed by the appeal tribunals of the Competition Commission (schedule 5); (d) create the Competition Service (section 13 and schedule 3); (e) repeal the exclusion from the Chapter 1 prohibition under the Competition Act 1998 for designated professional rules (section 207); and (f) make various related transitional, transitory and consequential provisions and repeals.

Article 3 of this Order also makes transitional and transitory provision in connection with the coming into force of the provisions relating to the Tribunal which supplement the transitional and transitory provisions in paragraphs 7 to 12 of Schedule 24 to the Act.

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 13(6) (partially)

18.03.03

2003/765

Section 250(1) (partially)

18.03.03

2003/765

Section 273

18.03.03

2003/765

Section 275

18.03.03

2003/765

Section 276(1) (partially)

18.03.03

2003/765

Section 276(2) to (4)

18.03.03

2003/765

Section 277

18.03.03

2003/765

In Schedule 3, Part 2

18.03.03

2003/765

In Schedule 24, paragraph 1

18.03.03

2003/765