Regulation 2 Provisions of the Act coming into force on the commencement date

(1)

The provisions of the Act specified in the following paragraphs of this regulation come into force on the commencement date, subject to any saving or transitional provision made in the Schedule.

(2)

Parts 1 (digital markets) and 2 (competition), to the extent that they are not in force immediately before the commencement date.

(3)

Chapter 1 (competition in connection with motor fuel) of Part 5 (miscellaneous) to the extent that it is not in force immediately before the commencement date.

(4)

Chapter 2 of Part 5 (provision of investigative assistance to overseas regulators).

(5)

In Chapter 3 of Part 5 (miscellaneous)—

(a)

section 326 (disclosing information overseas), to the extent that it is not in force immediately before the commencement date;

(b)

in section 327 (duty of expedition on the CMA and sectoral regulators)—

(i)

subsections (1), (3) and (4) for all purposes;

(ii)

subsection (2) to the extent that it inserts Parts 1, 2, and 4 of Schedule 4A (functions to which the CMA’s duty of expedition applies) into the Enterprise and Regulatory Reform Act 2013^f1;

(c)

section 328 (offenders assisting investigations and prosecutions: powers of the CMA);

(d)

section 329 (removal of limit on the tenure of a chair of the Competition Appeal Tribunal).

(6)

Section 335 (minor and consequential amendments), but only to the extent that it relates to the following paragraphs in Schedule 30 (minor and consequential amendments)—

(a)

paragraphs 1 to 4 (amendments to the Competition Act 1980^f2);

(b)

paragraph 5(b) (amendments to the Telecommunications Act 1984^f3);

(c)

paragraph 6 (amendments to the Companies Act 1985^f4);

(d)

paragraph 7(b) (amendments to the Airports Act 1986^f5);

(e)

paragraph 8 (amendments to the Gas Act 1986^f6);

(f)

paragraph 9(b) (amendments to the Water Act 1989^f7);

(g)

paragraph 10 (amendments to the Electricity Act 1989^f8)

(h)

paragraphs 11 to 15, and 16(a) (amendments to the Water Industry Act 1991^f9);

(i)

paragraphs 17 to 19, 20(b) and 21 to 23 (amendments to the Railways Act 1993^f10);

(j)

paragraph 24(b) (amendments to the Coal Industry Act 1994^f11)

(k)

paragraph 25(b) (amendments to the Greater London Authority Act 1999^f12)

(l)

paragraph 26(b) (amendments to the Utilities Act 2000^f13);

(m)

paragraph 27(a) (amendments to the Transport Act 2000^f14);

(n)

paragraph 28(b) (amendments to the Communications Act 2003^f15);

(o)

paragraph 29(b) (amendments to the Wireless Telegraphy Act 2006^f16);

(p)

paragraph 30 (amendments to the Companies Act 2006^f17);

(q)

paragraph 31(amendments to the Legal Services Act 2007^f18);

(r)

paragraph 32 (amendments to the Postal Services Act 2011^f19);

(s)

paragraph 33(a) (amendments to the Civil Aviation Act 2012^f20);

(t)

paragraphs 34, 35(b) and 36 (amendments to the Energy (Northern Ireland) Order 2003^f21);

(u)

paragraphs 37 to 39, and (amendments to the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005^f22);

(v)

paragraphs 40 to 42, and 43(b) (amendments to the Water and Sewerage Services (Northern Ireland) Order 2006^f23);

(w)

paragraph 44 (amendments to the Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011)^f24;

(x)

paragraph 45(b) (amendments to the Postal Services Act 2011 (Disclosure of Information) Order 2012^f25).

(7)

Schedule 1 (procedure relating to commitments).

(8)

Schedule 2 (mergers: holding of interests and rights).

(9)

Schedule 3 (power of Competition Appeal Tribunal to grant declaratory relief).

(10)

Schedule 4 (relevant and special merger situations).

(11)

Schedule 5 (mergers: fast-track references under sections 22 and 33 of EA 2002^f26).

(12)

Schedule 8 (acceptance of undertakings at any stage of a market study or investigation).

(13)

Schedule 9 (final undertakings and orders: power to conduct trials).

(14)

Schedule 10 (civil penalties etc in connection with competition investigations).

(15)

Schedule 11 (civil penalties etc in connection with breaches of remedies).

(16)

Schedule 12 (civil penalties: amendments relating to sectoral regulators).

(17)

Schedule 13 (service and extra-territoriality of notices under CA 1998^f27 and EA 2002).

(18)

Schedule 14 (orders and regulations under CA 1998 and EA 2002).

(19)

Schedule 15 (consumer protection enactments), to the extent necessary for the operation of section 319(2).

(20)

Schedule 28 (provision of investigative assistance to overseas regulators).

(21)

Schedule 29 (duty of expedition on sectoral regulators in respect of their competition functions) to the extent that it relates to the provisions specified in paragraph 2(5)(b)(ii).

(22)

Schedule 30 (minor and consequential amendments), to the extent that it relates to the provisions specified in paragraph (6)^f28.

Annotations

Footnotes

f1: 2013 c. 24 (“the 2013 Act”).
f2: 1980 c. 21.
f3: 1984 c. 12.
f4: 1985 c. 6.
f5: 1986 c. 31.
f6: 1986 c. 44.
f7: 1989 c. 15.
f8: 1989 c. 29.
f9: 1991 c. 56.
f10: 1993 c. 43.
f11: 1994 c. 21.
f12: 1999 c. 29.
f13: 2000 c. 27.
f14: 2000 c. 38.
f15: 2003 c. 21.
f16: 2006 c. 36.
f17: 2006 c. 46
f18: 2007 c. 29.
f19: 2011 c. 5.
f20: 2012 c. 19.
f21: S.I. 2003/419 (N.I. 6), as amended by paragraph 170 of Schedule 6 to the 2013 Act; and by S.I. 2014/892; there other amendments to this instrument but none are relevant to these Regulations.
f22: S.I. 2005/3172, as amended by paragraphs 171 to 180 of Schedule 6 to the 2013 Act, S.I. 2011/2581 and 2014/892; there are other amendments to this instrument but none are relevant to these Regulations.
f23: S.I. 2006/3336 (N.I. 21), as amended by paragraphs 181 to 190 of Schedule 6 to the 2013 Act, S.I. 2014/892 and 2019/93; there other amendments to this instrument but none are relevant to these Regulations.
f24: S.I. 2011/2749, as amended by paragraph 45(2)(a) of Schedule 1 to the 2013 Act; S.I. 2014/549; 2019/1245
f25: S.I. 2012/1128; as amended by paragraph 45 of Schedule 30 to the Act; 2013/472; 1575; 3134; 2014/459; 469; 631; 1682; 2015/1630; 2017/506; 752; paragraph 45 of Schedule 30 to the Act.
f26: “EA 2002” means the Enterprise Act 2002 (c. 40); see section 330 of the Act.
f27: “CA 1998” means the Competition Act 1998 (c. 41): see section 330 of the Act.
f28: Schedule 30 is being brought into force for the purposes referred to in regulation 2(22), despite certain of the provisions in the Act in relation to which the amendments in that Schedule apply (namely, Part 3 and Chapter 1 of Part 4 of the Act) not having yet been brought into force.