OpenLegislation

Section 14B References under section 14: powers of investigationF1F2

England and Wales

(1)

The following sections of Part 3 of the Enterprise Act 2002 shall apply, F3as they had effect immediately before the relevant date and with the modifications mentioned in subsections F4(1A), (2) and (3) below, for the purposes of references under section 14 above as they F5applied immediately before that date for the purposes of references under that Part—

(a)

section 109 (attendance of witnesses and production of documents etc.);

(b)

section 110 (enforcement of powers under section 109: general);

(c)

section 111 (penalties);

(d)

section 112 (penalties: main procedural requirements);

(e)

section 113 (payments and interest by instalments);

(f)

section 114 (appeals in relation to penalties);

(g)

section 115 (recovery of penalties); and

(h)

section 116 (statement of policy).

(F61A)

Section 109 shall, in its application by virtue of subsection (1) above, have effect as if—

(a)

for subsection (A1), there were substituted—

“(A1)

For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with a reference under section 14 of the Water Industry Act 1991.”, and

(b)

subsection (8A) were omitted.

(2)

Section 110 shall, in its application by virtue of subsection (1) above, have effect as if—

(a)

subsection (2) were omitted; F7...

(F8aa)

after subsection (3), there were inserted—

“(3A)

No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the publication of the report of the CMA on the reference concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”; and

(b)

in subsection (9) the words from “or section” to “section 65(3))” were omitted.

(F93)

Section 111(5)(b) shall, in its application by virtue of subsection (1) above, have effect as if for sub-paragraph (ii) there were substituted—

“(ii)

if earlier, the day on which the report of the CMA on the reference concerned is made or, if no such report is made within the period permitted for that purpose, the latest day on which the report may be made within the permitted period.”.

(4)

Provisions of Part 3 of the Enterprise Act 2002 which F10, immediately before the relevant date, had effect for the purposes of sections 109 to 116 of that Act (including, in particular, provisions relating to offences and the making of orders) shall, for the purposes of the application of those sections by virtue of subsection (1) above, have effect in relation to those sections as applied by virtue of that subsection F11as those provisions had effect immediately before that date.

(5)

Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of that subsection.

(F126)

In this section “the relevant date” means the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force.

Annotations

Textual amendments

F1

Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)

F2

Ss. 14A, 14B inserted (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(5); S.I. 2003/1397, art. 2(1), Sch.

F3

Words in s. 14B(1) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(2)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F4

Word in s. 14B(1) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(2) (with art. 3, Sch. 2 para. 2)

F5

Words in s. 14B(1) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(2)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F6

S. 14B(1A) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(3) (with art. 3, Sch. 2 para. 2)

F7

Word in s. 14B(2)(a) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(4)(a) (with art. 3, Sch. 2 para. 2)

F8

S. 14B(2)(aa) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(4)(b) (with art. 3, Sch. 2 para. 2)

F9

S. 14B(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 75(5) (with art. 3, Sch. 2 para. 2)

F10

Words in s. 14B(4) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(3)(a); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F11

Words in s. 14B(4) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(3)(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F12

S. 14B(6) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 12(4); S.I. 2024/1226, regs. 1(2), 2(1)(22)

Notes on Modification of appointment conditions: Wales

Textual amendments

F2

S. 13 cross-heading substituted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(3), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)