Schedule 25, paragraph 28(3)

After Article 15 there is inserted— Every reference under Article 15 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 Article 15 shall not have effect (and no action shall be taken in relation to it under Article 17) 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 Director under paragraph (3). The Director may, if he 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 paragraph (3) in relation to the same reference. The Director shall, in the case of an extension made by him under paragraph (3)— publish that extension in such manner as he considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it; and send a copy of what has been published by him under sub-paragraph (a) to the licence holder. The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in paragraphs (2) and (3), for the purposes of references under Article 15 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 paragraph (1), 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 paragraph (1), 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. Provisions of Part 3 of the Enterprise Act 2002 which have 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 paragraph (1), have effect in relation to those sections as applied by virtue of that paragraph. Accordingly, corresponding provisions of this Order shall not have effect in relation to those sections as applied by virtue of that paragraph.

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