Schedule 25, paragraph 30(15)

In Schedule 4A (review of access charges by Regulator)— for paragraph 10 there is substituted— Every reference under paragraph 9 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 paragraph 9 above shall not have effect (and no action shall be taken in relation to it under paragraph 12 below) 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 Regulator under sub-paragraph (3) below. The Regulator 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 sub-paragraph (3) above in relation to the same reference. The Regulator shall, in the case of an extension made by him under sub-paragraph (3) above— 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 paragraph (a) above to the persons on whom a copy of the review notice was served. The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2) and (3) below, for the purposes of references under paragraph 9 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 sub-paragraph (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 sub-paragraph (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 paragraph 9 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 sub-paragraph (1) or (4) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs. Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs. in paragraph 11— after sub-paragraph (4) there is inserted— For the purposes of paragraphs 12 to 14 below, a conclusion contained in a report of the Competition Commission is to be disregarded if the conclusion is not that of at least two-thirds of the members of the group constituted in connection with the reference concerned in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998. If a member of a group so constituted disagrees with any conclusions contained in a report made on a reference under paragraph 9 above as the conclusions of the Competition Commission, the report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing. for sub-paragraph (5) there is substituted— For the purposes of the law relating to defamation, absolute privilege attaches to any report made by the Competition Commission on a reference under paragraph 9 above. In making any report on a reference under paragraph 9 above the Competition Commission must have regard to the following considerations before disclosing any information. The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. The second consideration is the need to exclude from disclosure (so far as practicable)— commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (5C)(a) or (b) above is necessary for the purposes of the report. in paragraph 15, for sub-paragraphs (1) and (2) there is substituted— For the purposes of the law relating to defamation, absolute privilege attaches to any notice under paragraph 13(4) or 14(3) above. In giving any notice under paragraph 13(4) or 14(3) above, the Competition Commission must have regard to the following considerations before disclosing any information. The first consideration is the need to exclude from disclosure (so far as practicable) any information whose disclosure the Competition Commission thinks is contrary to the public interest. The second consideration is the need to exclude from disclosure (so far as practicable)— commercial information whose disclosure the Competition Commission thinks might significantly harm the legitimate business interests of the undertaking to which it relates, or information relating to the private affairs of an individual whose disclosure the Competition Commission thinks might significantly harm the individual’s interests. The third consideration is the extent to which the disclosure of the information mentioned in sub-paragraph (2B)(a) or (b) above is necessary for the purposes of the notice. The following sections of Part 3 of the Enterprise Act 2002 shall apply, with the modifications mentioned in sub-paragraphs (2E) and (2F) below, in relation to any investigation by the Competition Commission for the purposes of the exercise of its functions under paragraph 13 or 14 above, as they apply for the purposes of any investigation on 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 sub-paragraph (2D) above, have effect as if— subsection (2) were omitted; in subsection (4), for the words “the publication of the report of the Commission on the reference concerned” there were substituted “the sending of a copy to the Regulator under paragraph 14 of Schedule 4A to the Railways Act 1993 of the relevant changes made by the Commission in connection with the reference concerned or, if no direction has been given by the Commission under paragraph 13(1) of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which it was possible to give such a direction within the permitted period”; and in subsection (9) the words from “or section” to “section 65(3))” were omitted. Section 111(5)(b) shall, in its application by virtue of sub-paragraph (2D) above, have effect as if for sub-paragraph (ii) there were substituted— if earlier, the day on which a copy of the relevant changes made by the Commission in connection with the reference concerned is sent to the Regulator under paragraph 14 of Schedule 4A to the Railways Act 1993 or, if no direction is given by the Commission under paragraph 13(1) of that Schedule to that Act in connection with the reference concerned and within the period permitted for that purpose, the latest day on which such a direction may be given within the permitted period. ”. Section 117 of the Enterprise Act 2002 (false or misleading information) shall apply in relation to functions of the Competition Commission in connection with the exercise of its functions under paragraph 13 or 14 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 sub-paragraph (2D) or (2G) above, have effect in relation to those sections as applied by virtue of those sub-paragraphs. Accordingly, corresponding provisions of this Act shall not have effect in relation to those sections as applied by virtue of those sub-paragraphs.

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