Legislation – Enterprise and Regulatory Reform Act 2013

New Search

Introduction

PART 1
Green Investment Bank

1 The green purposes

2 Interpretation

3 Alteration of the objects of the UK Green Investment Bank

4 Financial assistance

5 Accounts, reports and payments to directors

6 Documents to be laid before Parliament

6A Report on disposal of Crown’s shares in UK Green Investment Bank company

PART 2
Employment

7 Conciliation before institution of proceedings

8 Extension of limitation periods to allow for conciliation

9 Extended power to define “relevant proceedings” for conciliation purposes

10 ACAS: prohibition on disclosure of information

11 Decisions by legal officers

12 Composition of Employment Appeal Tribunal

13 Dismissal for political opinions: no qualifying period of employment

14 Confidentiality of negotiations before termination of employment

15 Power by order to increase or decrease limit of compensatory award

16 Power of employment tribunal to impose financial penalty on employers

17 Disclosures not protected unless believed to be made in the public interest

18 Power to reduce compensation where disclosure not made in good faith

19 Worker subjected to detriment by co-worker or agent of employer

20 Extension of meaning of “worker”

21 Tribunal procedure: miscellaneous

22 Indexation of amounts: timing and rounding

23 Renaming of “compromise agreements”, “compromise contracts” and “compromises”

24 Transitional provision

PART 3
The Competition and Markets Authority

25 The Competition and Markets Authority

26 Abolition of the Competition Commission and the OFT

27 Transfer schemes

28 Transitional provision: consultation

PART 4
Competition Reform

CHAPTER 1 Mergers

29 Investigation powers: mergers

30 Interim measures: pre-emptive action: mergers

31 Interim measures: financial penalties: mergers

32 Time-limits etc: mergers

CHAPTER 2 Markets

33 Power of CMA to make cross-market references

34 Ministerial power to make cross-market references

35 Public interest interventions in markets investigations

36 Investigation powers: markets

37 Interim measures: pre-emptive action: markets

38 Market studies and market investigations: consultation and time-limits

CHAPTER 3 Anti-trust

39 Investigations: power to ask questions

40 Civil enforcement of investigation powers

41 Extension of powers to issue warrants to CAT

42 Part 1 of the 1998 Act: procedural matters

43 Threshold for interim measures

44 Penalties: guidance

45 Power for Secretary of State to impose time-limits on investigations etc.

46 Review of operation of Part 1 of 1998 Act

CHAPTER 4 Cartels

47 Cartel offence

48 Extension of power to issue warrants to CAT

CHAPTER 5 Miscellaneous

49 Enforcement orders: monitoring compliance and determination of disputes

50 Enforcement orders: provision of information

51 Powers of sectoral regulators

52 Power to remove concurrent competition functions of sectoral regulators

53 Orders under section 52: procedural requirements

54 Recovery of CMA’s costs in respect of price control references

55 Disclosure etc. of information: offences

56 Review of certain provisions of Chapters 1 and 2

57 Minor and consequential amendments

58 Interpretation

PART 5
Reduction of legislative burdens

59 Sunset and review provisions

60 Listed buildings in England: agreements and orders granting listed building consent

61 Listed buildings in England: certificates of lawfulness

62 Osborne estate

63 Heritage planning regulation

64 Commission for Equality and Human Rights

65 Equality Act 2010: third party harassment of employees

66 Equality Act 2010: obtaining information for proceedings

67 Primary authorities

68 Inspection plans

69 Civil liability for breach of health and safety duties

70 Estate agency work

71 Bankruptcy applications: determination by adjudicators

72 Abolition of Agricultural Wages Board and related English bodies

73 Unnecessary regulation: miscellaneous

PART 6
Miscellaneous and general

74 Exploitation of design derived from artistic work

75 Penalties under provision amending exceptions: copyright and rights in performances

76 Power to reduce duration of copyright in transitional cases

77 Licensing of copyright and performers’ rights

78 Penalties under provision implementing Directive on term of protection

79 Members’ approval of directors’ remuneration policy

80 Restrictions on payments to directors

81 Payments to directors: minor and consequential amendments

82 Payments to directors: transitional provision

83 Redress schemes: lettings agency work

84 Redress schemes: property management work

85 Orders under section 83 or 84: enforcement

86 Sections 83 to 85: minor definitions

87 Approval of redress schemes for the purposes of section 83 or 84

88 Redress schemes: supplemental

89 Supply of customer data

90 Supply of customer data: enforcement

91 Supply of customer data: supplemental

92 Power to add to supplies protected under Insolvency Act 1986

93 Corporate insolvency: power to give further protection to essential supplies

94 Individual insolvency: power to give further protection to essential supplies

95 Sections 93 and 94: supplemental

96 Royal Charters: requirements for Parliamentary approval

97 Equality Act 2010: caste as an aspect of race

98 Power to provide for equal pay audits

99 Consequential amendments, repeals and revocations

100 Transitional, transitory or saving provision

101 Financial provision

102 Extent

103 Commencement

104 Short title

SCHEDULES

SCHEDULE 1 Conciliation: minor and consequential amendments

SCHEDULE 2 Extension of limitation periods to allow for conciliation

SCHEDULE 3 Financial penalties: minor and consequential amendments

SCHEDULE 4 The Competition and Markets Authority

Schedule 4A Functions to which the CMA’s duty of expedition applies

SCHEDULE 5 Amendments related to Part 3

SCHEDULE 6 Regulatory appeals etc: minor and consequential amendments

SCHEDULE 7 Mergers: interim measures

SCHEDULE 8 Mergers: time-limits

SCHEDULE 9 Markets: cross-market references

SCHEDULE 10 Markets: public interest interventions

SCHEDULE 11 Markets: investigation powers

SCHEDULE 12 Markets: time-limits

SCHEDULE 13 Extension of powers to issue warrants under the 1998 Act to CAT

SCHEDULE 14 Regulators: use of powers under the 1998 Act

SCHEDULE 15 Minor and consequential amendments: Part 4

SCHEDULE 16 Local listed building consent orders: procedure

SCHEDULE 17 Heritage planning regulation

SCHEDULE 18 Adjudicators: bankruptcy applications by debtors and bankruptcy orders

SCHEDULE 19 Adjudicators: minor and consequential amendments

SCHEDULE 20 Abolition of Agricultural Wages Board and related English bodies: consequential provision

SCHEDULE 21 Unnecessary regulation: miscellaneous

SCHEDULE 22 Licensing of copyright and performers’ rights

Changes to legislation:

There are currently no known outstanding effects for the Enterprise and Regulatory Reform Act 2013, Paragraph 29. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

SCHEDULE 4The Competition and Markets Authority

PART 2The CMA Board

Delegation

29

(1)

Anything that the CMA Board is required or permitted to do (including conferring authorisation under this sub-paragraph) may be done by—

(a)

a member of the CMA Board, or a member of staff of the CMA, who has been authorised for that purpose by the CMA Board, whether generally or specifically;

(b)

a committee or sub-committee of the CMA Board that has been so authorised.

(2)

Sub-paragraph (1) does not apply to the functions of deciding—

(a)

whether the duty to publish a market study notice under section 130A of the Enterprise Act 2002 applies;

(b)

whether to propose to make, or to make, a reference under section 131 of that Act;

(c)

for the purposes of the requirement imposed by section 131A(2)(b) of that Act, whether the CMA is proposing to make a decision as to whether to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person;

(d)

whether section 140A of that Act applies in respect of a particular case;

(e)

whether to accept an undertaking F1in lieu of a reference under section 154A of that Act, or to vary or supersede or release an undertaking under that section;

(f)

for the purposes of the requirement imposed by section 169(2) of that Act, whether the CMA is proposing to make a decision to make a reference under section 131 of that Act in a way that is likely to have a substantial impact on the interests of any person.

F2(g)

whether to begin an initial SMS investigation under section 9 of the Digital Markets, Competition and Consumers Act 2024 (“the 2024 Act”);

(h)

whether to begin a further SMS investigation under section 10 of the 2024 Act;

(i)

whether to begin a PCI investigation under section 47 of the 2024 Act.

F3(2A)

Sub-paragraph (1)(a) does not apply to the functions of deciding—

(a)

whether to make a designation under section 2 of the 2024 Act;

(b)

what, if any, provision to make in reliance on section 17 of the 2024 Act;

(c)

whether to impose a conduct requirement under section 19 of the 2024 Act;

(d)

whether to revoke a conduct requirement under section 22 of the 2024 Act;

(e)

whether to make, and the form of, an enforcement order, other than an interim enforcement order, under section 31 of the 2024 Act;

(f)

whether to accept a commitment under section 36 or section 56 of the 2024 Act;

(g)

whether to exercise the power conferred by section 38(1) of the 2024 Act (power to adopt final offer mechanism);

(h)

whether to make, and the form of, a pro-competition intervention under section 46 of the 2024 Act;

(i)

the contents of a notice under section 50 of the 2024 Act (notice of decision on pro-competition intervention);

(j)

whether to replace a pro-competition order under section 52 of the 2024 Act;

(k)

whether to revoke a pro-competition order under section 53 of the 2024 Act.

(l)

whether to impose a penalty on a person under section 85 or section 87 of the 2024 Act;

(m)

the amount of any such penalty.

(2B)

A committee or sub-committee of the CMA Board may not be authorised to carry out any of the functions listed in sub-paragraph (2A) unless—

(a)

the committee or sub-committee includes—

(i)

at least two members of the Board who are not members of the CMA’s staff, or

(ii)

the chair and at least one member of the Board who is not a member of the CMA’s staff, and

(b)

at least half of the members of the committee or sub-committee are—

(i)

members of the Board who are not members of the CMA’s staff, or

(ii)

members of the CMA panel.

(3)

Sub-paragraph (1)(b) does not apply to a committee or sub-committee whose members include any person who is not a member of the CMA or of its staff.

F4(4)

The Secretary of State may by regulations made by statutory instrument amend sub-paragraphs (2) or (2A) so as to add or remove functions of the CMA under Part 1 of the 2024 Act.

(5)

The regulations may make incidental, transitional or saving provision.

(6)

A statutory instrument containing regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.