2003 No. 767
The Enterprise Act 2002 (Consequential and Transitory Provisions) Order 2003
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred upon her by section 277 of the Enterprise Act 20021, hereby makes the following Order:
Citation, commencement and interpretation1
This Order may be cited as the Enterprise Act 2002 (Consequential and Transitory Provisions) Order 2003 and shall come into force on 1st April 2003.
Consequential and transitory provision
2
For all purposes relating to their application to proceedings before the Competition Appeal Tribunal, references in the Competition Commission Appeal Tribunal Rules 20002 to the “Competition Commission”, “the President”, the “Registrar of Appeal Tribunals” and “the tribunal” shall be treated as being, respectively, references to the Competition Appeal Tribunal, the President of the Competition Appeal Tribunal, the Registrar of the Competition Appeal Tribunal and the Competition Appeal Tribunal.
3
The EC Competition Law (Articles 84 and 85) Enforcement Regulations 20013 are amended as follows—
a
in regulation 2—
i
for the words “the person appointed under paragraph 4 of Schedule 7” there is substituted “the President of the Competition Appeal Tribunal”;
ii
for “an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to the Act” there is substituted “the Competition Appeal Tribunal”; and
iii
for “rules made in accordance with section 48(2) of the Act” there is substituted “rules made under section 15 of the Enterprise Act 2002”;
b
in regulation 27 for the words from “by the President” until the end there is substituted “in accordance with section 14 of the Enterprise Act 2002”; and
c
in Schedule 2—
i
in paragraph 1 for the words from “a person” to “to the Act” there is substituted “the Chairman of the tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question”; and
ii
in paragraph 5 for sub-paragraphs (a) and (b) there is substituted—
a
paragraph 17(1)(c) of Schedule 4 to the Enterprise Act 2002; or
b
paragraph 17(1)(f) of Schedule 4 to the Enterprise Act 2002
4
In section 47(6) of the Competition Act 19984 for “Competition Commission” there is substituted “the Tribunal”.
(This note is not part of the Order)