Paragraph 10 Investigation powersI1

United Kingdom

(1)

The amendments made by section 36 of, and Schedule 11 to, the Act (investigation powers) do not apply in relation to any notice given before the commencement date under section 174 of the 2002 Act^f1 or section 109 of that Act^f2 as applied by section 176 of that Act^f3.

(2)

In their continued application by virtue of sub-paragraph (1), sections 109 to 116 of the 2002 Act^f4 and any related provisions have effect without the amendments made by section 29 of the Act.

(3)

In its application to cases where the OFT has publicly launched a market study before the commencement date—

(a)

section 174(1)(a) of the 2002 Act has effect as if the reference to the publication of a market study notice were a reference to the public launch of a market study,

(b)

section 174C(1) has effect as if for paragraphs (a) and (b) there were substituted “the CMA publishes the report on the market study concerned or (as the case may be) gives it to the Secretary of State under section 140A(3)(b)”, and

(c)

section 174C(2) has effect as if for paragraphs (a) and (b) there were substituted “the publication of the report or (as the case may be) the giving of it to the Secretary of State”.

Annotations

Commencement

I1: Sch. para. 10 in force at made date

Footnotes

f1: Section 174 was amended by section 36 and paragraph 204 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.
f2: Section 109 was amended by section 29 of and paragraph 143 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.
f3: Section 176 was repealed by paragraph 4 of Schedule 11 to the Enterprise and Regulatory Reform Act 2013.
f4: Section 116 was amended by paragraph 150 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013.