- a section 47B claim
means a claim made in proceedings under section 47B of the 1998 Act at the commencement of those proceedings.
- action
includes omission;
- administrative receiver
has the meaning given by section 251. 4 This section applies— a to a floating charge created on or after a date appointed by the Secretary of State by order made by statutory instrument, and b in spite of any provision of an agreement or instrument which purports to empower a person to appoint an administrative receiver (by whatever name). 5 An order under subsection (4)(a) may— a make provision which applies generally or only for a specified purpose;
- admissible public interest consideration
means any public interest consideration which is specified in the reference under section 45 and which the CMA is not under a duty to disregard.
- agreement
means 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;
- an enforcement order
means an order under— a section 160 of the Enterprise Act 2002 (orders following failure to fulfil final undertakings);
- an undertaking as to damages
means 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.
- appropriate authority
has the same meaning as in section 94AA.
- arrangement
includes—
- Article 95(2) transfer decision
means 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;
- audience
includes readership.
- authorised deposit taker
means 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), • “company” means a company— (a) in respect of which an administrator may be appointed under Schedule B1 to the 1986 Act, or (b) 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— (a) section 22, (b) any relevant order under that section, and (c) Schedule 2. 5 The definition
- bankrupt
means an individual—
- bankruptcy restrictions regime
means an order or undertaking—
- body
includes Parliament and any other legislative body, and • “provision” means— (a) a provision made by an Act of Parliament passed before or in the same Session as this Act, and (b) a provision made, before or in the same Session as this Act, under an Act of Parliament.
- broadcasting
means the provision of services the provision of which—
- 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;
- capital market arrangement
means an arrangement of a kind described in paragraph 1 of Schedule 2A, and • “capital market investment” means an investment of a kind described in paragraph 2 or 3 of that Schedule. 72C 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a public-private partnership project, and b includes step-in rights. 2 In this section “public-private partnership project” means a project— a the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or b which is designed wholly or mainly for the purpose of assisting a public body to discharge a function. 3 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. 72D 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a utility project, and b includes step-in rights. 2 In this section— a “utility project” means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” m
- capital market investment
means an investment of a kind described in paragraph 2 or 3 of that Schedule. 72C 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a public-private partnership project, and b includes step-in rights. 2 In this section “public-private partnership project” means a project— a the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or b which is designed wholly or mainly for the purpose of assisting a public body to discharge a function. 3 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. 72D 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a utility project, and b includes step-in rights. 2 In this section— a “utility project” means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given b
- change of circumstances
includes any discovery that information has been supplied which is false or misleading in a material respect;
- commencement
means the date appointed under section 279 for the commencement of section 256, and • “pre-commencement bankrupt” means an individual to whom this Schedule applies.
- commencement date
means the day on which section 207 comes into force;
- commercial information
means 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;
- company
includes any body corporate;
- company arrangement or administration provision
means—
- condition
includes a condition requiring that the court be satisfied of something. 6 In the case of an individual who is adjudged bankrupt on a petition under section 264(1)(d)— a subsections (1) to (5) shall not apply, and b the bankrupt is discharged from bankruptcy by an order of the court under section 280. 7 This section is without prejudice to any power of the court to annul a bankruptcy order.”
- conduct
includes any failure to act (whether or not intentional) and any other unintentional conduct.
- confidential information
means commercial information, private information or sensitive information;
- consumer
means any person who is— (a) 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;
- consumer claim
means 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. 3 A consumer claim may be included in proceedings under this section if it is— a a claim made in the proceedings on behalf of the individual concerned by the specified body;
- cross-market reference
means 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);
- customer
includes a customer who is not a consumer;
- customers
includes future customers.
- decision period
means, in relation to the arrangements concerned— (a) in a case where the initial period has not begun, that period, or (b) 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;
- Designated consumer body
means a body designated by the Secretary of State by order.
- Designated cooperation arrangement
means an arrangement or agreement that meets all of Conditions A to D.
- designation
means designation under paragraph 2 of Schedule 4 to the 1998 Act;
- documents
includes information recorded in any form and, in relation to information recorded otherwise than in a form in which it is visible and legible, references to its production include references to producing it in a form in which it is visible and legible or from which it can readily be produced in a visible and legible form;
- eligible public interest consideration
means a public interest consideration which—
- 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;
- enforcement functions
means—
- enforcement order
means 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.
- enforcement undertaking
means an undertaking accepted under section 154A, 157 or 159.
- enterprise
means the activities, or part of the activities, of a business;
- fast-track reference request
means a request that the CMA makes a reference under section 22(1A) or 33(1A) in relation to the arrangements concerned.
- financial year
means the period of 12 months ending with 31st March.
- floating charge
means 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, and • “prescribed” means prescribed by order by the Secretary of State. 10 An order under this section may include transitional or incidental provision.”
- foreign country or territory
means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories;
- foreign government
means the government of a foreign country or territory;
- foreign power
means—
- foreign state intervention notice
means a notice under section 70A(1);
- full PI reference
means a reference made by the Secretary of State under subsection (6) which specifies that it is a full PI reference;
- goods
includes buildings and other structures, and also includes ships, aircraft and hovercraft;
- government
includes persons exercising the functions of a government;
- group of interconnected bodies corporate
means a group consisting of two or more bodies corporate all of whom are interconnected with each other.
- implementation trial measure
means 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);
- implementation trial period
means, in relation to an implementation trial measure, the period— (a) beginning with the day on which the relevant authority begins the implementation trial, and (b) ending with the last day on which the implementation trial measure is to have effect (see subsections (4) and (5));
- income payments agreement
means a written agreement between a bankrupt and his trustee or between a bankrupt and the official receiver which provides— a 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 b 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. 2 A provision of an income payments agreement of a kind specified in subsection (1)(a) or (b) may be enforced as if it were a provision of an income payments order. 3 While an income payments agreement is in force the court may, on the application of the bankrupt, his trustee or the official receiver, discharge or vary an attachment of earnings order that is for the time being in force to secure payments by the bankrupt. 4 The following provisions of section 310 shall apply to an income payments agreement as they apply to an income payments order— a subsection (5) (receipts to form part of estate), and b subsections (7) to (9) (meaning of income). 5 An income payments agreement must specify the period
- infringement issue
means 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;
- initial period
has the meaning given by section 34ZA(3).
- intervention notice
means a notice under subsection (1) or (2).
- investment fund
means—
- legacy information
means information which—
- legal requirement
has the same meaning as in paragraph 5 of Schedule 3 to the Competition Act 1998.
- made public
means so publicised as to be generally known or readily ascertainable.
- market in the United Kingdom
includes— and references to a market for goods or services include references to a market for goods and services.
- market investigation reference
means a reference under this section or section 132 or 140A(6);
- media public interest consideration
means any consideration which, at the time of the giving of the intervention notice concerned—
- merger notice
means a notice under section 75A(1) of the 1973 Act;
- Minister
includes a government department and the following expressions shall have the same meanings as they have in Part 3 of the Enterprise Act 2002— • “business” • “the Commission” • “enactment” • “goods” • “services” • “supply (in relation to the supply of goods)” • “the supply of services”.”
- Minister of the Crown
means the holder of an office in Her Majesty’s Government in the United Kingdom and includes the Treasury;
- modify
includes amend or repeal;
- monopoly reference
has the meaning given by section 5(3) of the 1973 Act;
- networking arrangements
means any such arrangements as are mentioned in section 39(1) above;
- news media
means—
- news media enterprise
means—
- news media public interest consideration
means a media public interest consideration other than one which is such a consideration—
- news programme
means a programme—
- news-related material
includes—
- newspaper
means a publication which—
- newspaper enterprise
means an enterprise consisting in or involving the supply of newspapers.
- notice
means notice in writing;
- notified arrangements
means arrangements of which notice is given under subsection (1) above or arrangements not differing from them in any material respect.
- OFCOM
means the Office of Communications.
- ordinary reference
means a reference under this section or section 132 which is not a cross-market reference (and see section 140A);
- overseas public authority
means 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);
- particular features
means features specified in the reference.
- partner
includes a person purporting to act as a partner.
- person under investigation
has the meaning given in section 192(2).
- pre-commencement bankrupt
means an individual to whom this Schedule applies.
- pre-emptive action
means 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.
- prescribed
means prescribed by the CMA by notice having effect for the time being and published online.
- price
includes any charge or fee (however described);
- proceedings
includes a reference to those proceedings.
- project company
has the meaning given by paragraph 7 of that Schedule. 72D 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a utility project, and b includes step-in rights. 2 In this section— a “utility project” means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given by paragraph 6 of that Schedule, and d “project company” has the meaning given by paragraph 7 of that Schedule. 72E 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a financed project, and b includes step-in rights. 2 In this section— a 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, b “project company” has the meaning given by paragraph 7 of Schedule 2A, and c “step-in rights” has the meaning given by paragraph 6 of that Schedule. 72F
- provision
means— (a) a provision made by an Act of Parliament passed before or in the same Session as this Act, and (b) a provision made, before or in the same Session as this Act, under an Act of Parliament.
- provision for security
means 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;
- public-private partnership project
means a project— a the resources for which are provided partly by one or more public bodies and partly by one or more private persons, or b which is designed wholly or mainly for the purpose of assisting a public body to discharge a function. 3 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. 72D 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a utility project, and b includes step-in rights. 2 In this section— a “utility project” means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given by paragraph 6 of that Schedule, and d “project company” has the meaning given by paragraph 7 of that Schedule. 72E 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a financed project, and b includes step-in rights. 2 In this section— a a project
- publication
means a publication which is— and references to “publish” or a “publisher” are to be construed accordingly;
- qualifying remedial action
means remedial action in respect of— (a) a matter concerning the provision or publication of information to consumers (whether directly or through an intermediary), or (b) any other matter specified in regulations made by the Secretary of State;
- regional Channel 3 service
has the meaning given by section 14(6) above.”
- regulated business
means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given by paragraph 6 of that Schedule, and d “project company” has the meaning given by paragraph 7 of that Schedule. 72E 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a financed project, and b includes step-in rights. 2 In this section— a 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, b “project company” has the meaning given by paragraph 7 of Schedule 2A, and c “step-in rights” has the meaning given by paragraph 6 of that Schedule. 72F Section 72A does not prevent the appointment of an administrative receiver of a company by virtue of— a a market charge within the meaning of section 173 of the Companies Act 1989 (c. 40), b a system-charge within the meaning of the Financial Markets and Insolvency Regulations 1996 (S.I. 1996/1469), c a collateral security charge within the meaning of the Financial Marke
- regulator
has the meaning given in section 54(1) of the 1998 Act;
- relative
means 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);
- relevant action
means—
- relevant adverse effect
means— (a) where the relevant authority is the CMA, an adverse effect on competition identified in the report mentioned in section 138(1);
- relevant arrangements
means arrangements which might result in two or more enterprises ceasing to be distinct enterprises (within the meaning of Part 5 of the 1973 Act).
- relevant authority
has the meaning given by section 161B(2).
- relevant customers
means— and in this subsection “customers” includes future customers.
- relevant decision
means— (a) in the case of the CMA, any decision by the CMA— (i) 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;
- relevant feature
means—
- relevant guidance
means the statement of policy which was most recently published under section 94B at the time when the act or omission concerned occurred.”
- relevant information
means—
- Relevant insolvency proceedings
means—
- relevant law
means—
- relevant market
means—
- relevant order
means an order—
- relevant party
means any person who appears to the relevant authority to control enterprises which are the subject of the reference or possible reference concerned.
- relevant period
means 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.
- relevant person
means—
- relevant proceedings
means proceedings under—
- relevant prohibition
means any of the following— a the Chapter I prohibition;
- relevant sectoral enactment
means—
- relevant sectoral regulator
means, 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.
- relevant statutory functions
means—
- relevant warrant
means a warrant under—
- remedial action
means an action— (a) where the relevant authority is the CMA, to be taken in accordance with section 138(2) or section 162A(5);
- restricted PI reference
means a reference made by the Secretary of State under subsection (6) which specifies that it is a restricted PI reference.
- Secretary of State
includes the Chancellor of the Duchy of Lancaster.
- sectoral regulator
means—
- sensitive information
means 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;
- services relating to railways
has the same meaning as in section 67(2A) of this Act.”
- share
means share in the capital of a company, and includes stock.
- specified
means specified in the direction.
- 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. 72D 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a utility project, and b includes step-in rights. 2 In this section— a “utility project” means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given by paragraph 6 of that Schedule, and d “project company” has the meaning given by paragraph 7 of that Schedule. 72E 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a financed project, and b includes step-in rights. 2 In this section— a 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, b “project company” has the meaning given by paragraph 7 of Schedule 2A, and c
- 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);
- support services
includes the provision of staff, accommodation and equipment and any other services which facilitate the carrying out by the Tribunal of its functions.
- tender exercise
has the same meaning as in section 6CD of the Electricity Act 1989.
- territory
includes the constituent territories of a federal state.
- the 1973 Act
means the Fair Trading Act 1973 (c. 41);
- the 1998 Act
means the Competition Act 1998 (c. 41);
- the appointed day
means such day as the Secretary of State may by order made by statutory instrument appoint;
- the appropriate authority
means—
- the appropriate court
means the Court of Appeal or, in the case of Tribunal proceedings in Scotland, the Court of Session;
- the appropriate Minister
means—
- the CMA
means the Competition and Markets Authority;
- the court
means—
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the decision-making authority
means—
- the Director
means the Director General of Fair Trading;
- the European Merger Regulations
has the meaning given by section 129(1);
- the initial period
means (subject to any extension under section 34ZB) the period of 40 working days beginning with— (a) 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 (b) 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;
- the new law
means 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);
- the old law
means 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).
- the Payment Systems Regulator
means the body established under section 40 of the Financial Services (Banking Reform) Act 2013.
- the relevant authority
means—
- the relevant guidance
means—
- the relevant person
means the person given the notice under section 109.
- the relevant report
means the report of the CMA which is required by the enactment concerned before an order can be made under this Schedule.
- the section 109 power
means the power under section 109 to which the act or omission giving rise to the penalty in question relates.
- the section 174 power
means the power under section 174 to which the act or omission giving rise to the penalty in question relates.
- the transitional period
means the period of three months beginning with the commencement date.
- the UK financial system
means the financial system in the United Kingdom;
- trading record
means a book, document or record which shows or explains the transactions or financial position of a person’s business, including— a a periodic record of cash paid and received, b a statement of periodic stock-taking, and c 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.”
- transferred
means transferred by section 2(1).
- transferred EU merger commitments
means EU merger commitments—
- Tribunal rules
has the meaning given by section 15(1).
- Undertaking
has the same meaning as in Part 1 of the 1998 Act.
- United Kingdom national
means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
- utility project
means a project designed wholly or mainly for the purpose of a regulated business, b “regulated business” means a business of a kind listed in paragraph 10 of Schedule 2A, c “step-in rights” has the meaning given by paragraph 6 of that Schedule, and d “project company” has the meaning given by paragraph 7 of that Schedule. 72E 1 Section 72A does not prevent the appointment of an administrative receiver of a project company of a project which— a is a financed project, and b includes step-in rights. 2 In this section— a 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, b “project company” has the meaning given by paragraph 7 of Schedule 2A, and c “step-in rights” has the meaning given by paragraph 6 of that Schedule. 72F Section 72A does not prevent the appointment of an administrative receiver of a company by virtue of— a a market charge within the meaning of section 173 of the Companies Act 1989 (c. 40), b a system-charge within the meaning of the Financial Markets and Insolvency Regu
- water enterprise
means an enterprise carried on by a water undertaker. 2 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;
- Westminster legislation
means— (a) an Act of Parliament, or (b) subordinate legislation (within the meaning given by section 21 of the Interpretation Act 1978).
- working day
means any day other than—