Schedule 25, paragraph 15(12)

After section 41E there is inserted— Every reference under section 41E above shall specify a period (not longer than six months beginning with the date of the reference) within which a report on the reference is to be made. A report of the Competition Commission on a reference under section 41E above shall not have effect (in particular for the purposes of section 41D(5) above) unless the report is made before the end of the period specified in the reference or such further period (if any) as may be allowed by the Authority under subsection (3) below. The Authority may, if it has received representations on the subject from the Competition Commission and is satisfied that there are special reasons why the report cannot be made within the period specified in the reference, extend that period by no more than six months. No more than one extension is possible under subsection (3) above in relation to the same reference. The Authority shall publish an extension under subsection (3) above in such manner as it considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it. The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in subsections (2) and (3) below, for the purposes of references under section 41E above as they apply for the purposes of references under that Part— section 109 (attendance of witnesses and production of documents etc.); section 110 (enforcement of powers under section 109: general); section 111 (penalties); section 112 (penalties: main procedural requirements); section 113 (payments and interest by instalments); section 114 (appeals in relation to penalties); section 115 (recovery of penalties); and section 116 (statement of policy). Section 110 shall, in its application by virtue of subsection (1) above, have effect as if— subsection (2) were omitted; and in subsection (9) the words from “or section” to “section 65(3))” were omitted. Section 111(5)(b)(ii) shall, in its application by virtue of subsection (1) above, have effect as if— for the words “published (or, in the case of a report under section 50 or 65, given)” there were substituted “made”; for the words “published (or given)”, in both places where they appear, there were substituted “made”; and the words “by this Part” were omitted. Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with references under section 41E above as it applies in relation to its functions under Part 3 of that Act but as if, in subsections (1)(a) and (2), the words “the OFT,” and “or the Secretary of State” were omitted. Provisions of Part 3 of the Enterprise Act 2002 which have effect for the purposes of sections 109 to 117 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) or (4) above, have effect in relation to those sections as applied by virtue of those subsections. Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those subsections.

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Source: legislation.gov.uk · retrieved 2026-09-04