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Defined terms — Enterprise Act 2002

United Kingdom · ukpga/2002/40 · 4132 provisions

246 defined in this instrument.

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a section 47B claim — a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings Schedule 4, Part 2, paragraph 13(2)
acquired property — property of the company which directly or indirectly represents the property disposed of Schedule 16, paragraph 70(3)
admissible public interest consideration — any public interest consideration specified in the reference concerned and which the CMA is not under a duty to disregard Section 141A(11)
admissible public interest consideration — a public interest consideration which— was mentioned in the intervention notice concerned; and was not disregarded by the CMA for the purposes of its report under section 142 Section 146A(7)
admissible public interest consideration — any public interest consideration which is specified in the reference under section 45 and which the CMA is not under a duty to disregard Section 47(11)
agreement — an agreement the making or performance of which constitutes or is part of a regulated activity carried on by the company or partnership Schedule 17, paragraph 55(4)
agreement — any agreement or arrangement, in whatever way and whatever form it is made, and whether it is, or is intended to be, legally enforceable or not; “business” includes a professional practice and includes any other undertaking which is carried on for gain or reward or which is an undertaking in the course of which goods or services are supplied otherwise than free of charge; “change of circumstances” includes any discovery that information has been supplied which is false or misleading in a material respect; .. Section 129(1)
an enforcement order — an order under— section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or section 161 of that Act (final orders following market investigation reports) Schedule 25, paragraph 29(5)
an enforcement order — an order under— section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings); or section 161 of that Act (final orders following market investigation reports) Schedule 25, paragraph 31(5)
an undertaking as to damages — an undertaking to pay damages which a person sustains as a result of the interim injunction and which the Tribunal considers the person to whom the injunction is granted should pay Schedule 4, Part 2, paragraph 15A(4)
appropriate body — — in England and Wales and Northern Ireland, the High Court or the Competition Appeal Tribunal; in Scotland, the sheriff Section 194(1A)
Article 95(2) transfer decision — an instrument issued by the European Commission in accordance with Article 95(2) of the EU withdrawal agreement transferring responsibility for the monitoring and enforcement of EU merger commitments to the CMA Section 95A(7)
authorised deposit taker — a person with permission under Part IV of the Financial Services and Markets Act 2000 (c. 8) to accept deposits, and “the general prohibition” has the meaning given by section 19 of that Act Schedule 16, paragraph 9(4)
authorised deposit taker — a person with a Part IV permission to accept deposits (but not a person who has a Part IV permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission) Schedule 17, paragraph 55(4)
bankrupt — an individual— who has been made bankrupt (under Part 9 of the Insolvency Act 1986), who has been adjudged bankrupt by a court in Northern Ireland, whose estate has been sequestrated by a court in Scotland, or who has made an agreement with creditors of his for a composition of debts, for a scheme of arrangement of affairs, for the grant of a trust deed or for some other kind of settlement or arrangement Section 268(9)
bankruptcy restrictions regime — an order or undertaking— under Schedule 4A to the Insolvency Act 1986 (c. 45) (bankruptcy restrictions orders), or under any system operating in Scotland or Northern Ireland which appears to the Secretary of State to be equivalent to the system operating under that Schedule Section 268(10)
broadcasting — the provision of services the provision of which— is required to be licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996; or would be required to be so licensed if provided by a person subject to licensing under the Part in question Section 44(9)
business document — — an invoice, an order for goods or services, and a business letter Schedule 16, paragraph 45(3)
capital market arrangement — an arrangement of a kind described in paragraph 1 of Schedule 2A Section 250(1)
capital market arrangement — an arrangement of a kind described in paragraph 1 of Schedule 2A Section 72B(2)
capital market investment — an investment of a kind described in paragraph 2 or 3 of that Schedule. Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— is a public-private partnership project, and includes step-in rights. In this section Section 250(1)
capital market investment — an investment of a kind described in paragraph 2 or 3 of that Schedule Section 72B(2)
cessation — the time when he ceases to be the company’s administrator Schedule 16, paragraph 99(2)
commencement — the date appointed under section 279 for the commencement of section 256 Schedule 19, paragraph 2
commencement — the commencement of section 2(1) Schedule 24, paragraph 6(1)
commencement date — the day on which section 207 comes into force Schedule 24, paragraph 20(4)
commercial information — information relating to any business of an undertaking whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks might significantly harm the undertaking’s legitimate business interests Section 246A
company — a company— in respect of which an administrator may be appointed under Schedule B1 to the 1986 Act, or to which Article 21 of the 1989 Order applies, and “relevant deposit” shall, ignoring any restriction on the meaning of deposit arising from the identity of the person making the deposit, be construed in accordance with— section 22, any relevant order under that section, and Schedule 2 Schedule 17, paragraph 55(4)
company arrangement or administration provision — — a provision of Part I of the Insolvency Act 1986 (company voluntary arrangements), a provision of Part II of that Act (administration), ... Part 26 of the Companies Act 2006 (c. 6) (compromise or arrangement with creditors), and Part 26A of that Act (compromise or arrangement with creditors where company in financial difficulty) Section 255(2)
confidential information — commercial information, private information or sensitive information Section 246A
consent — consent of— each secured creditor of the company, and if the company has unsecured debts, creditors whose debts amount to more than 50% of the company’s unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent Schedule 16, paragraph 108(2)
consent — — consent of each secured creditor of the company, or if the administrator thinks that a distribution may be made to preferential creditors, consent of— each secured creditor of the company, and preferential creditors whose debts amount to more than 50% of the total preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent Schedule 16, paragraph 108(3)
consent — consent of— each secured creditor of the company, and if the company has unsecured debts, creditors whose debts amount to more than 50% of the company’s unsecured debts, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent Schedule 16, paragraph 78(1)
consent — — consent of each secured creditor of the company, or if the administrator thinks that a distribution may be made to preferential creditors, consent of— each secured creditor of the company, and preferential creditors whose debts amount to more than 50% of the preferential debts of the company, disregarding debts of any creditor who does not respond to an invitation to give or withhold consent Schedule 16, paragraph 78(2)
consumer — an individual who is a consumer within the meaning of that Part Section 11(9)
consumer — any person who is— and who does not receive or seek to receive the goods or services in the course of a business carried on by him; a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them; or a person for whom services are or are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them; “customer” includes a customer who is not a consumer; ... “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made Section 129(1)
consumer — any person who is— and who does not receive or seek to receive the goods or services in the course of a business carried on by him; a person to whom goods are or are sought to be supplied (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them; or a person for whom services are or are sought to be supplied in the course of a business carried on by the person supplying or seeking to supply them; “customer” includes a customer who is not a consumer; “enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made Section 183(1)
consumer claim — a claim to which section 47A applies which an individual has in respect of an infringement affecting (directly or indirectly) goods or services to which subsection (7) applies Section 19(2)
creditors’ meeting — a meeting of creditors of a company summoned by the administrator— in the prescribed manner, and giving the prescribed period of notice to every creditor of the company of whose claim and address he is aware Schedule 16, paragraph 50(1)
cross-market reference — a reference under this section which falls within subsection (2A) or a reference under section 132 which falls within subsection (3A) of that section (and see section 140A); “market in the United Kingdom” includes— so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; and any market which operates only in a part of the United Kingdom Section 131(6)
decision period — in relation to the arrangements concerned— in a case where the initial period has not begun, that period, or in a case where the initial period has begun, the period beginning with the day on which the fast-track reference request is made and ending at the end of the initial period; “initial period” has the meaning given by section 34ZA(3) Section 34ZE(5)
Designated consumer body — a body designated by the Secretary of State by order Section 11(5)
Designated cooperation arrangement — an arrangement or agreement that meets all of Conditions A to D Section 243C(2)
designation — designation under paragraph 2 of Schedule 4 to the 1998 Act Schedule 24, paragraph 20(4)
Director’s investigation — an investigation conducted by the Director” there is substituted “ Schedule 25, paragraph 38(46)
Director’s special investigation — a Director’s” there is substituted “ Schedule 25, paragraph 38(46)
eligible public interest consideration — a public interest consideration which— was mentioned in the intervention notice concerned; and was not disregarded by the CMA for the purposes of its report under section 142 Section 146(4)
enforcement functions — — in relation to the CMA— functions conferred by virtue of section 87 on the CMA by enforcement orders; functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; functions of the CMA under or by virtue of section 75, 76, 83 or 92 in relation to enforcement undertakings or enforcement orders; in relation to the Secretary of State— functions conferred by virtue of section 87 on the Secretary of State by enforcement orders; functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; functions of the Secretary of State under or by virtue of paragraph 5, 6 or 10 of Schedule 7 in relation to enforcement undertakings or enforcement orders Section 109(8A)
enforcement functions — — in relation to the CMA— functions conferred by virtue of section 164(2)(b) on the CMA by enforcement orders; functions of the CMA in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; functions of the CMA under or by virtue of section 160 or 162 in relation to enforcement undertakings or enforcement orders; in relation to the Secretary of State— functions conferred by virtue of section 164(2)(b) on the Secretary of State by enforcement orders; functions of the Secretary of State in relation to the variation, supersession or release of enforcement undertakings or the variation or revocation of enforcement orders; functions of the Secretary of State under or by virtue of section 160 in relation to enforcement undertakings or enforcement orders Section 174(9A)
enforcement order — an order made under section 158, 160 or 161 Section 162(8)
enforcement order — an order made under section 70C, 72, 75, 76, 81, 83 or 84 or under paragraph 2, 5, 6, 10 or 11 of Schedule 7 Section 86(6)
enforcement undertaking — an undertaking accepted under section 154A, 157 or 159 Section 162(8)
enforcement undertaking — an undertaking under section ... 73, 80 or 82 or under paragraph ... 3 or 9 of Schedule 7 Section 89(2)
enterprise — the activities, or part of the activities, of a business Section 129(1)
enterprise — the activities, or part of the activities, of a business; “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft Section 183(1)
EU merger commitments — commitments attached to a decision adopted by the European Commission under Article 6(1)(b) and (2) or 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings Section 95A(7)
fast-track reference request — a request that the CMA makes a reference under section 22(1A) or 33(1A) in relation to the arrangements concerned Section 34ZD(3)
financial year — the period of 12 months ending with 31st March Schedule 3, Part 1, paragraph 12(5)
floating charge — a charge which is a floating charge on its creation, “in administration” has the meaning given by paragraph 1, “hire-purchase agreement” includes a conditional sale agreement, a chattel leasing agreement and a retention of title agreement, “holder of a qualifying floating charge” in respect of a company’s property has the meaning given by paragraph 14 Schedule 16, paragraph 111(1)
floating charge — a charge which is a floating charge on its creation and which is created after the first order under subsection (2)(a) comes into force Section 252(9)
foreign country or territory — a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories Section 70E(3)
foreign government — the government of a foreign country or territory; a “government” includes persons exercising the functions of a government; “territory” includes the constituent territories of a federal state Section 70E(3)
foreign power — — the sovereign or other head of a foreign state in their public or private capacity, a foreign government or part of a foreign government, the head or senior members of a foreign government in their private capacity, an agency or authority of a foreign government, or of part of a foreign government, the head or senior members of an agency or authority of a foreign government, or of part of a foreign government, in their private capacity, an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority, a political party which is a governing political party of a foreign government, or the officers of a political party, which is a governing political party of a foreign government, in their private capacity Section 70E(1)
foreign state intervention notice — a notice under section 70A(1); “foreign state newspaper merger situation” is to be interpreted in accordance with section 70A(3); “goods” includes buildings and other structures, and also includes ships, aircraft and hovercraft; “modify” includes amend or repeal Section 129(1)
full PI reference — a reference made by the Secretary of State under subsection (6) which specifies that it is a full PI reference Section 140A(12)
group of interconnected bodies corporate — a group consisting of two or more bodies corporate all of whom are interconnected with each other. one of them is a body corporate of which the other is a subsidiary; or both of them are subsidiaries of one and the same body corporate Section 129(2)
implementation trial measure — an undertaking accepted, or order made, under section 161C (and references to the imposition of such a measure are to be read as the acceptance of an undertaking or the making of an order, as the case may be) Section 161B(3)
implementation trial period — in relation to an implementation trial measure, the period— beginning with the day on which the relevant authority begins the implementation trial, and ending with the last day on which the implementation trial measure is to have effect (see subsections (4) and (5)) Section 161B(3)
income payments agreement — a written agreement between a bankrupt and his trustee or between a bankrupt and the official receiver which provides— that the bankrupt is to pay to the trustee or the official receiver an amount equal to a specified part or proportion of the bankrupt’s income for a specified period, or that a third person is to pay to the trustee or the official receiver a specified proportion of money due to the bankrupt by way of income for a specified period Section 260(1)
infringement issue — any question relating to whether or not an infringement of the Chapter I prohibition or the Chapter II prohibition has been or is being committed Section 16(6)
intervention notice — a notice under subsection (1) or (2) Section 139(3)
investment fund — — an investment fund within the meaning given by section 236(1) of the Finance (No. 2) Act 2023 (investment funds and investment entities), arrangements that amount to a collective investment scheme (see section 235 of the Financial Services and Markets Act 2000), or a collective investment undertaking within the meaning of regulation 3 of the Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), and an investment fund meets the genuine diversity of ownership condition where— it meets conditions A to C in regulation 75 of the Offshore Funds (Tax) Regulations 2009 (S.I. 2009/3001) (read with regulation 76 of those Regulations), or paragraph (5) of that regulation applies to it Schedule 6B, Part 1A, paragraph 2D(3)
legacy information — information which— comes to a public authority in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Parts 4 or 6 of the 1973 Act; came to a public authority— before the coming into force of this section, and in connection with the exercise of its functions under or by virtue of paragraphs 15 to 18 of Schedule 24 relating to investigations under Part 5 of the 1973 Act; came to a public authority— before 1 July 2021, and in connection with an investigation under Part 3 of the Enterprise Act 2002 Section 243A(5)
listed — admitted to the official list within the meaning given by section 103(1) of the Financial Services and Markets Act 2000 (c. 8) (interpretation) Schedule 18, paragraph 2(2)
made public — so publicised as to be generally known or readily ascertainable Schedule 7, paragraph 4(5)
made public — so publicised as to be generally known or readily ascertainable; and “notice” includes notice which is not in writing Section 24(3)
made public — so publicised as to be generally known or readily ascertainable Section 74(4)
management power — a power which could be exercised so as to interfere with the exercise of the administrator’s powers, it is immaterial whether the power is conferred by an enactment or an instrument, and consent may be general or specific Schedule 16, paragraph 64(2)
market investigation reference — a reference under this section or section 132 or 140A(6) Section 131(6)
market value — the amount which would be realised on a sale of property in the open market by a willing vendor Schedule 16, paragraph 111(1)
media public interest consideration — any consideration which, at the time of the giving of the intervention notice concerned— is specified in section 58(2A) to (2C); or in the opinion of the Secretary of State, is concerned with broadcasting or newspapers and ought to be specified in section 58 Section 44(8)
merger notice — a notice under section 75A(1) of the 1973 Act Schedule 24, paragraph 13(10)
Minister of the Crown — the holder of an office in Her Majesty’s Government in the United Kingdom and includes the Treasury; “modify” includes amend or repeal Section 183(1)
networking arrangements — any such arrangements as are mentioned in section 39(1) above; and “regional Channel 3 service” has the meaning given by section 14(6) above Schedule 9, Part 1, paragraph 6(4)
news media — — newspapers; or news programmes Section 58(2F)
news media enterprise — — a newspaper enterprise; or an enterprise consisting in or involving the broadcasting of news programmes Schedule 8, paragraph 20A(5A)
news media public interest consideration — a media public interest consideration other than one which is such a consideration— by virtue of section 58(2C); or by virtue of having been, in the opinion of the Secretary of State, concerned with broadcasting (other than the broadcasting of news programmes) and a consideration that ought to have been specified in section 58 Schedule 8, paragraph 20A(5)
news programme — a programme— consisting of, or including, news-related material; and included in broadcasting Section 58(2G)
news-related material — — news or information about current affairs; or opinion about matters relating to the news or current affairs; news-related material contained in a publication is subject to editorial control if the publisher of the publication has editorial or equivalent responsibility for— the content of the material (which may include commissioning it); how the material is presented; and the decision to first publish the material; a publication is not to be treated as consisting of, or including, news-related material if the news-related material contained in the publication— is included only incidentally to the main content of the publication; or relates wholly to a particular pastime, hobby, trade, business, industry or profession Section 44(10A)
newspaper — a publication which— consists of, or includes, news-related material which is subject to editorial control; is published on any periodic basis; and is connected with the United Kingdom Section 44(10)
newspaper enterprise — an enterprise consisting in or involving the supply of newspapers Section 58A(3)
notice — notice in writing; “price” includes any charge or fee (however described); “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation; “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (c. 6); “supply”, in relation to the supply of goods, includes supply by way of sale, lease, hire or hire-purchase, and, in relation to buildings or other structures, includes the construction of them by a person for another person Section 129(1)
notice — notice in writing; “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation; and “supply”, in relation to the supply of goods, includes supply by way of sale, lease, hire or hire-purchase, and, in relation to buildings or other structures, includes the construction of them by a person for another person Section 183(1)
notified arrangements — arrangements of which notice is given under subsection (1) above or arrangements not differing from them in any material respect Section 96(6)
OFCOM — the Office of Communications Section 43(6)
OFT — the Office of Fair Trading Schedule 25, paragraph 24(7)
OFT — the Office of Fair Trading; in the definition of “register”, for “Director” there is substituted “ OFT Schedule 25, paragraph 6(38)
OFT — the Office of Fair Trading Schedule 25, paragraph 9(15)
OFT — the Office of Fair Trading Section 199(11)
OFT’s investigation — an investigation conducted by the OFT ”; for “ Schedule 25, paragraph 38(46)
ordinary reference — a reference under this section or section 132 which is not a cross-market reference (and see section 140A) Section 131(6)
overseas public authority — a person or body in any country or territory outside the United Kingdom which appears to the discloser (within the meaning of any of sections 243A to 243C) to exercise functions of a public nature in relation to anything mentioned in sub-paragraphs (i) to (v) of section 243A(1)(b) Section 246A
particular features — features specified in the reference Section 133(1B)
pre-commencement bankrupt — an individual to whom this Schedule applies Schedule 19, paragraph 2
pre-commencement bankrupt — an individual who is adjudged bankrupt on a petition presented before subsection (1) above comes into force, and “the transitional period” is the period of three years beginning with the date on which subsection (1) above comes into force Section 261(7)
pre-emptive action — action which might impede the making of an order under section 12(5) below Schedule 25, paragraph 10(3)
pre-emptive action — action which might prejudice the reference or possible reference concerned under section 45 or (as the case may be) 62 or impede the taking of any action under this Part which may be justified by the Secretary of State's decisions on the reference Schedule 7, paragraph 2(12)
pre-emptive action — action which might impede the taking of any action under section 138(2) , 147(2) or (as the case may be) 147A(2) in relation to the market investigation reference concerned Section 157(6)
pre-emptive action — action which might prejudice a foreign state intervention notice or a report under section 70B, or might impede the taking of any action under this Part in relation to such a notice or report Section 70C(5)
pre-emptive action — action which might prejudice the reference concerned or impede the taking of any action under this Part which may be justified by the CMA's decisions on the reference Section 72(8)
pre-emptive action — action which might prejudice the reference concerned or impede the taking of any action under this Part which may be justified by the CMA's decisions on the reference Section 80(10)
prescribed — prescribed by order of the Secretary of State Section 241A(3)
prescribed — prescribed by order by the Secretary of State Section 252(9)
prescribed — prescribed by the CMA by notice having effect for the time being and published online Section 96(5)
private information — information relating to the private affairs of an individual whose disclosure the public authority concerned, or for the purposes of section 243C the Secretary of State, thinks might significantly harm the individual’s interests Section 246A
provision — — a provision made by an Act of Parliament passed before or in the same Session as this Act, and a provision made, before or in the same Session as this Act, under an Act of Parliament Section 268(11)
provision for security — provision authorising the Tribunal, in specified circumstances, to order a party to the proceedings, if he wishes to continue to participate in them, to pay a deposit not exceeding such sum as may be specified or calculated in a specified manner; and “supplemental provision”, in relation to security, means provision as to— the manner in which the amount of a deposit is to be determined; the consequences of non-payment of a deposit; the circumstances in which the deposit, or any part of it, may be refunded to the person who paid it or paid to another party to the proceedings Schedule 4, Part 2, paragraph 16(3)
public body — — a body which exercises public functions, a body specified for the purposes of this paragraph by the Secretary of State, and a body within a class specified for the purposes of this paragraph by the Secretary of State Schedule 18, paragraph 9(1)
public-private partnership project — a project— the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or which is designed wholly or mainly for the purpose of assisting a public body to discharge a function. In this section— “step-in rights” has the meaning given by paragraph 6 of Schedule 2A, and “project company” has the meaning given by paragraph 7 of that Schedule. Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— is a utility project, and includes step-in rights. In this section— Section 250(1)
public-private partnership project — a project— the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or which is designed wholly or mainly for the purpose of assisting a public body to discharge a function Section 72C(2)
publication — a publication which is— and references to “publish” or a “publisher” are to be construed accordingly; online; or in hard copy, a reference to a publication being published on any periodic basis includes, in relation to an online publication, a reference to it being updated on any periodic or other recurring basis; a publication is connected with the United Kingdom if— the majority of its readership is in the United Kingdom; the majority of editorial decisions about the publication are taken in the United Kingdom; or the registered or principal office of the publisher of the publication is in the United Kingdom Section 44(10A)
qualifying remedial action — remedial action in respect of— a matter concerning the provision or publication of information to consumers (whether directly or through an intermediary), or any other matter specified in regulations made by the Secretary of State Section 161B(3)
rated — rated for the purposes of investment by an internationally recognised rating agency Schedule 18, paragraph 2(2)
regulated business — a business of a kind listed in paragraph 10 of Schedule 2A, “step-in rights” has the meaning given by paragraph 6 of that Schedule, and “project company” has the meaning given by paragraph 7 of that Schedule. Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— is a financed project, and includes step-in rights. In this section— a project is “financed” if under an agreement relating to the project a project company incurs, or when the agreement is entered into is expected to incur, a debt of at least £50 million for the purposes of carrying out the project, “project company” has the meaning given by paragraph 7 of Schedule 2A, and “step-in rights” has the meaning given by paragraph 6 of that Schedule. Section 72A does not prevent the appointment of an administrative receiver of a company by virtue of— a market charge within the meaning of section 173 of the Companies Act 1989 (c. 40), a system-charge within the meaning of the Financial Markets and Insolvency Regulations 1996 (S.I. 1996/1469), a collateral security charge within the meaning of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999… Section 250(1)
regulated business — a business of a kind listed in paragraph 10 of Schedule 2A, “step-in rights” has the meaning given by paragraph 6 of that Schedule, and “project company” has the meaning given by paragraph 7 of that Schedule Section 72D(2)
relative — a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild of any person, or anyone adopted by a person, whether legally or otherwise, as his child being regarded as a relative or taken into account to trace a relationship in the same way as that person’s child); and references to a spouse , civil partner or partner shall include a former spouse , civil partner or partner Section 127(6)
relevant action — — modifying the conditions of a licence granted under section 7 of the Telecommunications Act 1984 (c. 12); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . modifying the conditions of a licence granted under section 7 or 7A, 7A , 7AA, 7AB or 7AC of the Gas Act 1986 (c. 44); modifying the conditions of a licence granted under section 6 of the Electricity Act 1989 (c. 29); modifying networking arrangements (within the meaning given by section 290 of the Communications Act 2003); modifying the conditions of a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56); modifying the conditions of a licence granted under Chapter 1A of Part 2 of the Act of 1991 or modifying the terms and conditions of an agreement under section 66D or 117E of that Act; modifying the conditions of a licence granted under article 10 of the Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1)); modifying the conditions of a licence granted under section 8 of the Railways Act 1993 (c. 43); modifying the conditions of a SNRP issued pursuant to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern… Section 168(3)
relevant adverse effect — — where the relevant authority is the CMA, an adverse effect on competition identified in the report mentioned in section 138(1); where the relevant authority is the Secretary of State— an adverse effect on competition identified in the report mentioned in section 146(1); an effect adverse to the public interest identified in the report mentioned in section 146A(1) Section 161B(3)
relevant arrangements — arrangements which might result in two or more enterprises ceasing to be distinct enterprises (within the meaning of Part 5 of the 1973 Act) Schedule 24, paragraph 13(10)
relevant authority — the CMA or the Secretary of State Section 161B(2)
relevant authority — — in relation to a possible reference under section 22 , 33, 68B or 68C, the CMA; and in relation to a possible reference under section 45, the Secretary of State Section 74(5)
relevant customers — — and in this sub-paragraph “customers” includes future customers. customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise; customers of such customers; and any other customers in a chain of customers beginning with the customers mentioned in paragraph (a) Schedule 6, paragraph 7(4)
relevant customers — — and in this subsection “customers” includes future customers. customers of any person carrying on an enterprise which, in the creation of the relevant merger situation concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise; customers of such customers; and any other customers in a chain of customers beginning with the customers mentioned in paragraph (a) Section 30(4)
relevant decision — — in the case of the CMA, any decision by the CMA— as to whether to make a reference under section 22(1), 33(1) , 68B or 68C or accept undertakings under section 73 instead of making such a reference; or to vary under section 37 a reference under section 22, 33, 68B or 68C ; or on the questions mentioned in section 35(1) or (3), 36(1) or (2), 47 or 63; ... in the case of the Secretary of State, any decision by the Secretary of State— as to whether to make a reference under section 45 or 62; or to vary under section 49 or (as the case may be) 64 such a reference Section 104(6)
relevant decision — — in the case of the CMA, any decision by the CMA— to make a reference under section 131 in a case where the CMA has not published a market study notice under section 130A in relation to the matter concerned; as to whether to accept undertakings in lieu of a reference under section 154A; to vary under section 135 such a reference ; or— on the questions mentioned in section 134, 141 or 141A; ... to accept undertakings or make orders under section 161C; and to take action under section 162A(5); and in the case of the appropriate Minister (other than the Secretary of State acting alone), any decision by the appropriate Minister— ... to make a reference under section 132; or to vary under section 135 such a reference; ... in the case of the Secretary of State, any decision by the Secretary of State— to make a reference under section 132; to vary under section 135 such a reference; in a case where the Secretary of State is required to make a reference under section 140A, whether to make a reference under subsection (5) or (6) of that section; or to vary under section 140B a reference made under section 140A(6). .. Section 169(6)
relevant feature — — any feature of a relevant market which is not excluded from investigation by virtue of section 133(1A), or a combination of such features Section 134(2B)
relevant guidance — the statement of policy which was most recently published under section 167C at the time when the act or omission concerned occurred Section 167B(6)
relevant guidance — the statement of policy which was most recently published under section 174E at the time when the act or omission concerned occurred Section 174A(10)
relevant guidance — the statement of policy which was most recently published under section 94B at the time when the act or omission concerned occurred Section 94AB(6)
relevant information — — the names of the undertakings to which the arrangements relate, a description of the nature of the arrangements which is sufficient to show why they are or might be arrangements of the kind to which section 188(1) applies, the products or services to which they relate, and such other information as may be specified in an order made by the Secretary of State Section 188A(2)
Relevant insolvency proceedings — — administration within the meaning of the Insolvency Act 1986, administration within the meaning of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or proceedings under the insolvency law of another country or territory during which a person’s assets and affairs are subject to the control or supervision of a third party or creditor Schedule 6B, Part 2, paragraph 13(3)
relevant law — — this Act, any enactment specified in Schedule 14 and such subordinate legislation as is specified by order for the purposes of section 238(1); any enactment, obligation or rule of law specified in Schedule 15 to the Digital Markets, Competition and Consumers Act 2024 (consumer protection enactments); any legislation, or any obligation or rule of law in a country or territory outside the United Kingdom which appears to the discloser to make provision corresponding or similar to anything within paragraphs (a) and (b) Section 243A(4)
relevant market — — in the case of subsection (2) so far as it applies in connection with a possible reference, a market in the United Kingdom— for goods or services of a description to be specified in the reference; and which would not be excluded from investigation by virtue of section 133(2); and in any other case, a market in the United Kingdom— for goods or services of a description specified in the reference concerned; and which is not excluded from investigation by virtue of section 133(2) Section 134(3)
relevant order — an order— which is to be made following the giving of an intervention notice or special intervention notice which mentions the consideration specified in section 58(2D) (including, in the case of a notice given before the consideration was so specified, an intervention notice which mentions the consideration as a consideration which ought to be specified in section 58); and to which the consideration is still relevant Schedule 8, paragraph 20B(5)
relevant order — an order— which is to be made following the giving of an intervention notice or special intervention notice which mentions the consideration specified in section 58(2E); and to which the consideration is still relevant Schedule 8, paragraph 20BA(5)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the supply of services relating to railways; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the supply of services relating to railways; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the supply of services relating to railways Schedule 9, Part 1, paragraph 10(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to activities authorised or regulated by a licence Schedule 9, Part 1, paragraph 13(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of air traffic services; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of air traffic services; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of air traffic services Schedule 9, Part 1, paragraph 15(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of a commercial activity connected with telecommunications; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of a commercial activity connected with telecommunications; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to commercial activities connected with telecommunications Schedule 9, Part 1, paragraph 1(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to— activities authorised or regulated by a licence; or the storage of gas on terms which have been determined by the holder of a licence under section 7 above, or could have been determined by the holder if he had thought fit or had been required to determine them by or under a condition of the licence Schedule 9, Part 1, paragraph 4(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission, distribution or supply of electricity Schedule 9, Part 1, paragraph 5(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the provision of programmes for broadcasting in regional Channel 3 services; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of such programmes; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the provision of programmes for broadcasting in regional Channel 3 services Schedule 9, Part 1, paragraph 6(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the 2002 Act where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was carried on by a relevant undertaker; or one or more than one of the enterprises which will or may cease to be distinct enterprises is carried on by a relevant undertaker; or an order under section 160 or 161 of the 2002 Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition is— the structure or an aspect of the structure of a market for the supply of goods or services by a relevant undertaker; or the conduct of a relevant undertaker or of customers of a relevant undertaker Schedule 9, Part 1, paragraph 7(2)
relevant order — — an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where— one or more than one of the enterprises which have, or may have, ceased to be distinct enterprises was engaged in the carrying on of activities authorised or regulated by a licence; or one or more than one of the enterprises which will or may cease to be distinct enterprises is engaged in the carrying on of activities authorised or regulated by a licence; or an order under section 160 or 161 of that Act where the feature, or combination of features, of the market in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to the generation, transmission or supply of electricity Schedule 9, Part 1, paragraph 9(2)
relevant party — any person who appears to the relevant authority to control enterprises which are the subject of the reference or possible reference concerned Section 104(6)
relevant period — the period beginning with the publication of the decision of the Secretary of State to make the reference concerned and ending when the reference is finally determined Schedule 7, paragraph 8(6)
relevant period — the period of 28 days mentioned in subsection (3) of section 114 or, if another period is specified by the Secretary of State under that subsection, that period Section 112(5)
relevant period — the period beginning with the making of the reference concerned and ending when the reference is finally determined Section 78(6)
relevant person — — a person who is or has been an officer of the company, a person who took part in the formation of the company during the period of one year ending with the date on which the company enters administration, a person employed by the company during that period, and a person who is or has been during that period an officer or employee of a company which is or has been during that year an officer of the company Schedule 16, paragraph 47(3)
relevant person — — any person who carries on any enterprise to which the reference relates or who has control of any such enterprise; any subsidiary of any person falling within paragraph (a); or any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated Schedule 7, paragraph 7(11)
relevant person — — any person who carries on any enterprise to which the reference relates or who has control of any such enterprise; any subsidiary of any person falling within paragraph (a); or any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated Schedule 7, paragraph 8(6)
relevant person — — in a case where the relevant authority is the CMA, the CMA; in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA Section 160(1A)
relevant person — — any person carrying on any of the enterprises concerned; any person who (whether alone or as a member of a group) owns or has control of any such person; or any officer, employee or agent of any person mentioned in paragraph (a) or (b) Section 34ZB(2)
relevant person — — any person carrying on any of the enterprises concerned; any person who (whether alone or as a member of a group) owns or has control of any such person; or any officer, employee or agent of any person mentioned in paragraph (a) or (b) Section 39(5)
relevant person — — any person carrying on any of the enterprises concerned; any person who (whether alone or as a member of a group) owns or has control of any such person; or any officer, employee or agent of any person mentioned in paragraph (a) or (b) Section 41A(4)
relevant person — — any person carrying on any of the enterprises concerned; any person who (whether alone or as a member of a group) owns or has control of any such person; or any officer, employee or agent of any person mentioned in paragraph (a) or (b) Section 51(5)
relevant person — — any person carrying on any of the enterprises concerned; any person who (whether alone or as a member of a group) owns or has control of any such person; or any officer, employee or agent of any person mentioned in paragraph (a) or (b) Section 73A(8)
relevant person — — any person who carries on any enterprise to which the reference relates or who has control of any such enterprise; any subsidiary of any person falling within paragraph (a); or any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated Section 77(8)
relevant person — — any person who carries on any enterprise to which the reference relates or who has control of any such enterprise; any subsidiary of any person falling within paragraph (a); or any person associated with any person falling within paragraph (a) or any subsidiary of any person so associated Section 78(6)
relevant proceedings — proceedings under— section 47A or 47B of the 1998 Act; section 101 of the Digital Markets, Competition and Consumers Act 2024; paragraph 7 of Schedule 9 to the Football Governance Act 2025 Schedule 4, Part 1, paragraph 1A(4)
relevant prohibition — any of the following— the Chapter I prohibition; the Chapter II prohibition; the prohibition in Article 81(1) of the Treaty; the prohibition in Article 82 of the Treaty; the prohibition in Article 65(1) of the Treaty establishing the European Union ; the prohibition in Article 66(7) of that Treaty. For the purpose of identifying claims which may be made in civil proceedings, any limitation rules that would apply in such proceedings are to be disregarded. A claim to which this section applies may (subject to the provisions of this Act and Tribunal rules) be made in proceedings brought before the Tribunal. But no claim may be made in such proceedings— until a decision mentioned in subsection (6) has established that the relevant prohibition in question has been infringed; and otherwise than with the permission of the Tribunal, during any period specified in subsection (7) or (8) which relates to that decision. The decisions which may be relied on for the purposes of proceedings under this section are — a decision of the OFT that the Chapter I prohibition or the Chapter II prohibition has been infringed; a decision of the OFT that the prohibition in Article 81(1) or Article 82 of the… Section 18(1)
relevant sectoral enactment — — in relation to the Director General of Telecommunications, section 50 of the Telecommunications Act 1984 (c. 12); in relation to the Gas and Electricity Markets Authority, section 36A of the Gas Act 1986 (c. 44) , section 43 of the Electricity Act 1989 or (as the case may be) section 36 of the Energy Act 2023; in relation to the Water Services Regulation Authority , section 31 of the Water Industry Act 1991 (c. 56); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in relation to the Office of Rail and Road, section 67 of the Railways Act 1993 (c. 43); in relation to the Financial Conduct Authority, section 234I of the Financial Services and Markets Act 2000; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in relation to the Civil Aviation Authority, section 86 of the Transport Act 2000 (c. 38). or section 60 of the Civil Aviation Act 2012; in relation to the Office of Communications, sections 370 and 371 of the Communications Act 2003. in relation to the Northern Ireland Authority for Utility Regulation, Article 46 of the Electricity (Northern Ireland) Order 1992, Article 23 of the Gas (Northern Ireland) Order 1996 or Article 29 of the Water and… Section 136(7)
relevant sectoral regulator — the Director General of Telecommunications , the Gas and Electricity Markets Authority, the Water Services Regulation Authority, . . . , the Office of Rail and Road, the Financial Conduct Authority,. . . , the Civil Aviation Authority or the Office of Communications, the Northern Ireland Authority for Utility Regulation ... or the Payment Systems Regulator Section 136(8)
relevant statutory functions — — in relation to any licence granted under section 7 of the Telecommunications Act 1984, the duties and obligations of the Director General of Telecommunications imposed on him by or in pursuance of any enactment or other provision mentioned in section 7(5)(a) of that Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in relation to any licence granted under section 7 or 7A, 7A , 7AA, 7AB or 7AC of the Gas Act 1986 (c. 44), the objectives and duties of the Gas and Electricity Markets Authority under section 4AA and 4AB(2) of that Act; in relation to any licence granted under section 6 of the Electricity Act 1989 (c. 29), the objectives and duties of the Gas and Electricity Markets Authority under section 3A and 3B(2) of that Act; in relation to any networking arrangements (within the meaning given by section 290 of the Communications Act 2003), the duty of the Office of Communications under subsection (1) of section 3 of that Act to secure the matters mentioned in subsection (2)(c) of that section; in relation to a company’s appointment under Chapter 1 of Part 2 of the Water Industry Act 1991 (c. 56), the duties of the Water Services Regulation Authority under… Section 168(4)
relevant warrant — a warrant under— section 194 of this Act; section 28, 28A, 62, 62A, 63, 65G or 65H of the 1998 Act; section 74 of the Digital Markets, Competition and Consumers Act 2024; paragraph 3 of Schedule 8 to the Football Governance Act 2025 Schedule 4, Part 2, paragraph 10A(3)
remedial action — an action— where the relevant authority is the CMA, to be taken in accordance with section 138(2) or section 162A(5); where the relevant authority is the Secretary of State, to be taken in accordance with section 147(2) or 147A(2) (as the case may be) Section 161B(3)
restricted PI reference — a reference made by the Secretary of State under subsection (6) which specifies that it is a restricted PI reference Section 140A(12)
sectoral regulator — — the Civil Aviation Authority; the Northern Ireland Authority for Utility Regulation. the Director General of Telecommunications; the Water Services Regulation Authority; the Gas and Electricity Markets Authority; the Office of Communications; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Office of Rail and Road; . . . NHS England; the Secretary of State; the Scottish Ministers; or the National Assembly for Wales or the Department for Regional Development Section 168(5)
sensitive information — information whose disclosure the public authority concerned or, for the purposes of section 243C the Secretary of State, thinks would be contrary to the public interest; “subordinate legislation” has the same meaning as in section 21(1) of the Interpretation Act 1978 and includes an instrument made under— an Act of the Scottish Parliament; Northern Ireland legislation Section 246A
share — share in the capital of a company, and includes stock Schedule 7, paragraph 8(6)
share — share in the capital of a company, and includes stock Section 78(6)
Specified — specified in an order made by the Secretary of State, in accordance with criteria to be published by the Secretary of State for the purposes of this section Section 19(9)
specified — specified in the order Section 205(3)
specified — specified in the direction Section 243E(2)
the 1973 Act — the Fair Trading Act 1973 (c. 41) Section 273
the 1998 Act — the Competition Act 1998 (c. 41) Section 273
the 2002 Act — the Enterprise Act 2002 Schedule 9, Part 1, paragraph 8
the appointed day — such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes Schedule 24, paragraph 19(1)
the appropriate authority — — the CMA; the Secretary of State; OFCOM Section 110(1B)
the appropriate authority — — in relation to an enforcement undertaking or enforcement order made by the Secretary of State under Schedule 7, the Secretary of State; in relation to any other enforcement undertaking or enforcement order, the CMA Section 94AA(2)
the appropriate court — the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session Schedule 5, paragraph 4(3)
the appropriate court — the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session Section 114(12)
the appropriate court — the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and “Tribunal rules” has the meaning given by section 15(1) Section 120(8)
the appropriate court — the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session; and “Tribunal rules” has the meaning given by section 15(1) Section 179(8)
the appropriate Minister — — the Secretary of State; ... the Secretary of State and one or more than one other Minister of the Crown acting jointly; the Scottish Ministers and the Secretary of State acting jointly; or the Scottish Ministers, the Secretary of State and one or more than one other Minister of the Crown, acting jointly Section 132(5)
the CMA — the Competition and Markets Authority Section 273
the court — — in relation to England and Wales or Northern Ireland, the High Court; and in relation to Scotland, the Court of Session Section 109(10)
the court — — the High Court or the county court; or the Court of Session or a sheriff court Section 16(6)
the court — — in relation to England and Wales or Northern Ireland, the High Court; and in relation to Scotland, the Court of Session Section 174(11)
the court — — in relation to England and Wales or Northern Ireland, the High Court; and in relation to Scotland, the Court of Session Section 87(8)
the court — — in relation to England and Wales or Northern Ireland, the High Court; and in relation to Scotland, the Court of Session Section 95B(9)
the decision-making authority — — in the case of a reference or possible reference under this section or section 33 ..., the CMA; and in the case of a notice or possible notice under section 42(2) or 59(2) or a reference or possible reference under section 45 or 62, the CMA or (as the case may be) the Secretary of State Section 22(7)
the Director — the Director General of Fair Trading; and .. Section 273
the European Merger Regulations — Council Regulation (EEC) No. 4064/89 of 21st December 1989 on the control of concentrations between undertakings as amended by Council Regulation (EC) No. 1310/97 of 30th June 1997 Section 129(1)
the former administrator — the person referred to in sub-paragraph (1) Schedule 16, paragraph 99(2)
the initial period — (subject to any extension under section 34ZB) the period of 40 working days beginning with— where the CMA is carrying out its function in consequence of the giving of a merger notice under section 96, the first working day after the day on which the CMA gives notice under section 96(2A) to the person who gave the merger notice, and in any other case, the first working day after the day on which the CMA informs the persons carrying on the enterprises concerned by notice that it has sufficient information to enable it to begin an investigation for the purposes of deciding whether to make a reference; .. Section 34ZA(3)
the new law — Part 3 of this Act and any related provision of law (including, in particular, any modification made under section 276(2) to that Part or any such provision) Schedule 24, paragraph 13(10)
the OFT — the Office of Fair Trading Schedule 25, paragraph 23(9)
the OFT — the Office of Fair Trading Schedule 25, paragraph 25(11)
the OFT — the Office of Fair Trading Schedule 25, paragraph 30(13)
the OFT — the Office of Fair Trading; in subsection (4), for “Director” and “he” there is substituted “ OFT ” and “ it ” respectively Schedule 25, paragraph 38(44)
the OFT — the Office of Fair Trading; for “ Schedule 25, paragraph 38(46)
the old law — sections 64 to 75K of the 1973 Act and any related provision of law (including, in particular, any modification made under section 276(2) to those sections or any such provision) Schedule 24, paragraph 13(10)
the old law — Part 4 of the 1973 Act and any related provision of law (including, in particular, any modification made under section 276(2) to that Part or any such provision) Schedule 24, paragraph 14(3)
the Payment Systems Regulator — the body established under section 40 of the Financial Services (Banking Reform) Act 2013 Section 136(10)
the purpose of administration — an objective specified in paragraph 3, and “unable to pay its debts” has the meaning given by section 123 Schedule 16, paragraph 111(1)
the relevant authority — — in relation to a possible reference under section 22 , 33, 68B or 68C, the CMA; and in relation to a possible reference under section 45 or 62, the Secretary of State Schedule 7, paragraph 4(2)
the relevant authority — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the case of an order to be made by the CMA, the CMA; ... in the case of an order to be made by the Secretary of State, the Secretary of State ; and in the case of an order to be made by the Chancellor of the Duchy of Lancaster, the Chancellor of the Duchy of Lancaster Schedule 8, paragraph 24
the relevant authority — the CMA, the Commission or the Secretary of State Section 104(6)
the relevant authority — — in the case of a restricted PI reference or a full PI reference, the Secretary of State; in any other case, the CMA Section 157(6)
the relevant authority — — in the case of an undertaking accepted under section 159 by the CMA, the CMA; and in the case of an undertaking accepted under that section by the Secretary of State, the Secretary of State Section 160(7)
the relevant authority — — in the case of a restricted PI reference or a full PI reference, the Secretary of State; in any other case, the CMA Section 161A(2)
the relevant authority — — in the case of a restricted PI reference or a full PI reference, the Secretary of State; in any other case, the CMA Section 167A(2)
the relevant authority — the CMA, the appropriate Minister or the Secretary of State Section 169(6)
the relevant authority — — the CMA; the Secretary of State; the appropriate Minister (so far as the Minister is not the Secretary of State acting alone) Section 174A(1B)
the relevant guidance — — in the case of a penalty imposed on a person by the CMA, the statement of policy which was most recently published under section 116 at the time when the act or omission concerned occurred; in the case of a penalty imposed on a person by OFCOM, the statement of policy which was most recently published under section 392 of the Communications Act 2003 (penalties imposed by OFCOM) at the time when the act or omission concerned occurred Section 114(12)
the relevant person — the person given the notice under section 109 Section 110A(11)
the relevant report — the report of the CMA which is required by the enactment concerned before an order can be made under this Schedule Schedule 8, paragraph 8(3)
the section 109 power — the power under section 109 to which the act or omission giving rise to the penalty in question relates Section 110A(2)
the section 174 power — the power under section 174 to which the act or omission giving rise to the penalty in question relates Section 174B(2)
the transitional period — the period of three months beginning with the commencement date Schedule 24, paragraph 20(4)
the Tribunal — the Competition Appeal Tribunal Schedule 5, paragraph 6
the UK financial system — the financial system in the United Kingdom Section 129(1)
traded — admitted to trading on a market established under the rules of a recognised investment exchange or on a foreign market Schedule 18, paragraph 2(2)
trading record — a book, document or record which shows or explains the transactions or financial position of a person’s business, including— a periodic record of cash paid and received, a statement of periodic stock-taking, and except in the case of goods sold by way of retail trade, a record of goods sold and purchased which identifies the buyer and seller or enables them to be identified Schedule 23, paragraph 13(5)
transferred — transferred by section 2(1) Schedule 24, paragraph 6(1)
transferred EU merger commitments — EU merger commitments— which are the subject of an Article 95(2) transfer decision (and, where those commitments are modified by, or as contemplated by, that decision or by a later Article 95(2) transfer decision, means those commitments as so modified); and which have not been waived or substituted by the European Commission Section 95A(6)
Tribunal rules — rules under section 15 of the Enterprise Act 2002 Schedule 5, paragraph 6
United Kingdom national — an individual who is— a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen; a person who under the British Nationality Act 1981 (c. 61) is a British subject; or a British protected person within the meaning of that Act Section 129(1)
utility project — a project designed wholly or mainly for the purpose of a regulated business Section 250(1)
utility project — a project designed wholly or mainly for the purpose of a regulated business Section 72D(2)
water enterprise — an enterprise carried on by a water undertaker. References in this Chapter (including Schedule 4ZA), in relation to any two or more enterprises, to the merger of those enterprises are references to those enterprises ceasing, within the meaning of Part 3 of the 2002 Act, to be distinct enterprises; and sections 27 and 29 of that Act and any provision made under section 34 of that Act (time at which enterprises cease to be distinct) shall have effect for the purposes of this Chapter (including Schedule 4ZA) as they have effect for the purposes of that Part. Nothing in sections 32 to 34 above (including Schedule 4ZA) shall prejudice any power of the OFT or the Secretary of State, in a case in which, or to any extent to which, the OFT is not required to make a reference under section 32 above, to make a reference under Part 3 of the 2002 Act in respect of any actual or prospective merger of two or more water enterprises. Where two or more enterprises have merged or will merge as part of transactions or arrangements which also involve an actual or prospective merger of two or more water enterprises, Part 3 of the 2002 Act shall apply in relation to the actual or prospective merger of… Section 70(1)
water merger — a merger of any two or more water enterprises Schedule 6, paragraph 8
Westminster legislation — — an Act of Parliament, or subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978) Section 7(3)
working day — any day other than— a Saturday or Sunday, or a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971 Section 129(1)
working day — any day other than— a Saturday or Sunday, or a day that is a bank holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971 Section 151(7)