Paragraph 16 Transitional provision relating to the coming into force of section 143(2) (civil penalties for breaches of remedies) of the Act and Schedule 11 (civil penalties etc in connection with breaches of remedies)

(1)

The amendments to CA 1998 made by section 143(2) of, and paragraphs 3 to 6 of Schedule 11 (civil penalties etc in connection with breaches of remedies) to, the Act have no effect in relation to—

(a)

any commitments accepted under section 31A^f1 of CA 1998 before the commencement date; or

(b)

any commitments accepted in accordance with section 31A(3) of CA 1998 on or after the commencement date as a variation of, or in substitution for, any commitments accepted under section 31A of CA 1998 before the commencement date.

(c)

any direction given under section 32^f2, 33^f3, or 35 of CA 1998 before the commencement date.

(2)

The amendments to EA 2002 made by section 143(2) of, and paragraphs 8 and 10 to 13 of Schedule 11 to, the Act have no effect in relation to—

(a)

any merger enforcement order made before the commencement date;

(b)

any merger enforcement order made on or after the commencement date that—

(i)

varies a merger enforcement order made before the commencement date;

(ii)

is made instead of a merger enforcement undertaking accepted before the commencement date;

(c)

any merger enforcement undertaking accepted before the commencement date; or

(d)

any merger enforcement undertaking accepted on or after the commencement date that—

(i)

varies or supersedes a merger enforcement undertaking accepted before the commencement date; or

(ii)

is accepted instead of a merger enforcement order made before the commencement date.

(3)

In sub-paragraph (2)—

“merger enforcement order” means an order made under section 70C^f4, 72^f5, 75^f6, 76, 81^f7, 83 or 84^f8 of, or under paragraph 2^f9, 5^f10, 6, 10 or 11 of Schedule 7 to, EA 2002;
“merger enforcement undertaking” means an undertaking accepted under section 73^f11, 80^f12 or 82^f13 of, or under paragraph 3^f14 or 9 of Schedule 7 to, EA 2002.

(4)

The amendments to EA 2002 made by paragraphs 15, 17 and 18 of Schedule 11 to the Act have no effect in relation to—

(a)

any markets enforcement order made before the commencement date;

(b)

any markets enforcement order made on or after the commencement date that—

(i)

varies a markets enforcement order made before the commencement date; or

(ii)

is made instead of a markets enforcement undertaking accepted before the commencement date;

(c)

any markets enforcement undertaking accepted before the commencement date;

(d)

any markets enforcement undertaking accepted on or after the commencement date that—

(i)

varies or supersedes a markets enforcement undertaking accepted before the commencement date; or

(ii)

is accepted instead of a markets enforcement order made before the commencement date.

(5)

In sub-paragraph (4)—

“markets enforcement order” means an order made under section 158, 160 or 161 of EA 2002;
“markets enforcement undertaking” means an undertaking accepted under section 154, 157 or 159 of EA 2002.

(6)

In relation to any time on or after the commencement date, references in sub-paragraph (5) to section 154 and 161 are references to those sections as they continue to have effect by virtue of paragraphs 9 and 11 respectively.

(7)

The substitution of section 94A^f15 (interim undertakings and orders under this Part: penalties) of EA 2002 made by paragraph 11 of Schedule 11 to the Act has no effect in relation to the continued operation of the Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014^f16 in a case where that substitution has no effect by virtue of sub-paragraph (2).

Annotations

Footnotes

f1: Section 31A was inserted by S.I. 2004/1261 and amended by paragraph 11 of Schedule 5 to the 2013 Act
f2: Section 32 was amended by paragraph 38(24) of Schedule 25 to EA 2002, paragraph 16 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261 and 2019/93.
f3: Section 33 was amended by paragraph 38(25) of Schedule 25 to EA 2002, paragraph 17 of Schedule 5 to the 2013 Act; and by S.I. 2004/1261 and 2019/93.
f4: Section 70C was inserted by paragraph 2 of Schedule 7 to the Act.
f5: Section 72 was amended by section 30 of, paragraph 112 of Schedule 5 and paragraph 5 of Schedule 7 to, the 2013 Act; and by paragraph 11 of Schedule 16 to the Energy Act 2023.
f6: Sections 75, 76 and 83 were amended by paragraphs 115, 116, and 123 respectively of Schedule 5 to the 2013 Act.
f7: Section 81 was amended by paragraph 121 of Schedule 5 and paragraph 3 of Schedule 7 to the 2013 Act; and by paragraph 19 of Schedule 16 to the Energy Act 2023.
f8: Section 84 was amended by paragraph 124 of Schedule 5 to the 2013 Act; and by paragraph 21 of Schedule 16 to the Energy Act 2023.
f9: Paragraph 2 of Schedule 7 is amended by paragraph 160 of Schedule 5 and by paragraph 4 of Schedule 7 to the 2013 Act.
f10: Paragraph 5 of Schedule 7 is amended by paragraph 160 of Schedule 5 to the 2013 Act. Paragraphs 5 and 6 of Schedule 7 are amended by S.I. 2023/424.
f11: Section 73 was amended by paragraph 113 of Schedule 5 to the 2013 Act; and by paragraph 12 of Schedule 16 to the Energy Act 2023.
f12: Section 80 was amended by paragraph 120 of Schedule 5 and paragraph 2 of Schedule 7 to the 2013 Act; and by paragraph 18 of Schedule 16 to the Energy Act 2023.
f13: Section 82 was amended by paragraph 122 of Schedule 5 to the 2013 Act; and by paragraph 20 of Schedule 16 to the Energy Act 2023.
f14: Paragraph 3 of Schedule 7 is amended by paragraph 160 of Schedule 5 to the 2013 Act; and by S.I. 2023/424.
f15: Section 94A was inserted by section 31 of the 2013 Act.
f16: S.I. 2014/533, as amended by S.I. 2015/575 and 2019/93