The Enterprise Act 2002 (Commencement No. 7 and Transitional Provisions and Savings) Order 2004
S.I. 2004/3233 · Made 7 December 2004
COMPETITION
Made 7th December 2004
The Secretary of State, in exercise of the powers conferred upon her by sections 276(2) and 279 of the Enterprise Act 2002f1, hereby makes the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and interpretation
- 2Appointed day
- 3Transitional provisions and savings – completed water mergers
- 4Transitional provisions and savings – anticipated water mergers
- 5Articles 3 and 4: interpretation and supplemental provision
- Signature
- Schedule Schedule
- Explanatory note
1Citation and interpretation
This Order may be cited as the Enterprise Act 2002 (Commencement No. 7 and Transitional Provisions and Savings) Order 2004.
In this Order—
“the 2002 Act” means the Enterprise Act 2002;
“the 1991 Act” means the Water Industry Act 1991f1; and
“water purposes” means purposes relating to—
the making by the Secretary of State of references under section 32 of the 1991 Act, or
any references so made.
2Appointed day
29th December 2004 is the appointed day for the coming into force of the provisions of the 2002 Act listed in the first column of the Schedule to this Order for the purposes set out in the second column.
3Transitional provisions and savings – completed water mergers
Subject to paragraphs 15 to 18 of Schedule 24 to the 2002 Act, the old law shall continue to apply where a merger of two or more water enterprises has taken place before 29th December 2004.
The power of the decision-making authority under section 27(5) or 29(1) (including those provisions as applied by any enactment) in relation to events or transactions is exercisable, in relation to a merger of two or more water enterprises which has taken place before 29th December 2004, where the merger forms part of successive events or a series of transactions which include at least one event or transaction to which the new law applies.
Where the decision-making authority exercises its power as mentioned in paragraph (2) in relation to a merger of two or more water enterprises which has taken place before 29th December 2004, paragraph (1) shall accordingly cease to apply in relation to the merger.
In this article “enactment” includes an enactment comprised in secondary legislation, and includes an enactment whenever passed or made.
4Transitional provisions and savings – anticipated water mergers
Subject to paragraphs 15 to 18 of Schedule 24 to the 2002 Act, the old law shall continue to apply in relation to any relevant arrangements which were in progress before 29th December 2004 and are in progress on that day and (if events so require) the actual results of those arrangements where, before 29th December 2004 and in relation to the arrangements, a reference was made by the Secretary of State under section 32(a) of the 1991 Act.
Subject to paragraphs 15 to 18 of Schedule 24 of the 2002 Act, the old law shall continue to apply in relation the enforcement, variation or release of any undertakings given before 29th December 2004 under section 88 of the 1973 Actf1 in relation to any relevant arrangements which are not otherwise dealt with by paragraph (1).
The new law shall apply in relation to relevant arrangements and (if events so require) the results of those arrangements if—
the arrangements were in progress before 29th December 2004 and are in progress on that day, and
before that day and in relation to the arrangements, no reference was made by the Secretary of State under section 32(a) of the 1991 Act.
In this article—
“relevant arrangements” means arrangements which might result in the merger of two or more water enterprises; and
references to relevant arrangements which are in progress on 29th December 2004 include references to the actual results of those arrangements if the arrangements were in progress immediately before that day and have, at the beginning of that day, resulted in the merger of two or more water enterprises.
5Articles 3 and 4: interpretation and supplemental provision
In articles 3 and 4—
“the new law” means–
sections 32 to 35 of, and Schedule 4ZA to, the 1991 Act (as substituted and inserted by section 70 of, and Schedule 6 to, the 2002 Act),
such provisions of Part 3 of the 2002 Act as apply by virtue of (and with the modifications prescribed under) Schedule 4ZA to the 1991 Act, and
any related provision of law,
(including, in particular, any modification made under section 276(2) of the 2002 Act to any provision mentioned in paragraphs (i) to (iii));
“the old law” means–
sections 32 to 35 of the 1991 Act (as in force immediately before 29th December 2004),
such provisions of sections 64 to 75K of the 1973 Act as apply by virtue of section 34 of the 1991 Act immediately before that date, and
any related provision of law,
(including, in particular, any modification made under section 276(2) of the 2002 Act to any provision mentioned in paragraphs (i) to (iii)); and
references to the merger of two or more water enterprises shall be construed in accordance with section 35(1) and (2) of the 1991 Act, as in force immediately before 29th December 2004.
In articles 3 and 4, references to the old law, in relation to the period on or after 20th June 2003, include references to the old law with the following modifications—
section 35(4) of the 1991 Act has effect as if for the words from “the Secretary of State” to “the 1973 Act” there were substituted “the OFT or the Secretary of State, in a case in which, or to any extent to which, the Secretary of State is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act”,
paragraph 5 of Schedule 1 to the 1998 Actf1 has effect as if in paragraph (d) for “OFT” there were substituted “Secretary of State”, and
section 121 of the 2002 Act has effect as if the following were omitted–
in subsection (1), the words from “and sections 32” to the end,
subsection (3)(d), and
in subsection (8), the words from “and sections 32” to the end.
Paragraph 13 of Schedule 24 to the 2002 Act shall not apply in connection with the coming into force of any provision of the 2002 Act by virtue of this Order.
Signature
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers,
Department of Trade and Industry
7th December 2004
| Provisions of the 2002 Act | Purpose |
|---|---|
| Section 70 (water mergers) | For all purposes |
| Section 185 (the Commission) | For the purposes of the provisions of Schedule 11 brought into force by this Order |
| Section 278 (minor and consequential amendments and repeals) | For the purposes of the provisions of Schedules 25 and 26 brought into force by this Order |
| Schedule 6 (schedule to be inserted in the Water Industry Act 1991) | For all purposes |
| In Schedule 9 (certain amendments of sectoral enactments) — | |
| paragraph 7 | For water purposes |
| paragraph 8(a) | For all purposes |
| In Schedule 11 (the Competition Commission) — | |
| paragraph 1 | For the purpose of commencing the provisions of Schedule 11 brought into force by this Order |
| paragraphs 10(4) and 11 | For water purposes |
| In Schedule 25 (minor and consequential amendments) — | For water purposes |
| paragraphs 1(1), 1(2), 8(1), 8(3), 18(1) to 18 (5), 38(1), 38(2) and 38(50)(a) to (c) | |
| In Schedule 26 (repeals and revocations) the entries relating to the— | |
| Registered Designs Act 1949f1, section 11A(1)(b) | For water purposes |
| Fair Trading Act 1973f2, sections 63 to 76, 77, 78 to 81, 82, 83, 84, 86, 88 to 93A, 129, 132, 138, Schedules 8 and 9 | For water purposes |
| Patents Act 1977f3, section 51(1)(b) | For water purposes |
| Companies Consolidation (Consequential Provisions) Act 1985f4 | For water purposes |
| Companies Act 1989f5, sections 146 to 150, and Schedule 20 | For water purposes |
| Companies Act 1989, section 152 | For all purposes |
| EEC Merger Control (Consequential Provisions) Regulations 1990f6 | For water purposes |
| Deregulation and Contracting Out Act 1994f7, section 9 and paragraph 2(3) in Schedule 11 | For water purposes |
| Deregulation (Fair Trading Act 1973) (Amendment) (Merger Reference Time Limits) Order 1996f8 | For water purposes |
| Competition Act 1998f9, paragraph 15(7) in Schedule 7 | For water purposes |
Explanatory note
(This note is not part of the Order)
This Order brings into force on 29 December 2004 section 70 of and Schedule 6 to the Enterprise Act 2002, which amend the provisions of the Water Industry Act 1991 concerned with mergers of water enterprises. In addition, the Order commences various related repeals, and makes transitional provisions and savings.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.