- accounts meeting
means a general meeting of the company before which the company's annual accounts for a financial year are to be laid;
- admissible public interest consideration
has the same meaning as in section 146A.”
- amend
includes repeal or revoke;
- appropriate authority
means— (a) in relation to an interim measure which is an order made by the Secretary of State under paragraph 2 of Schedule 7, the Secretary of State;
- appropriate body
means— a in England and Wales and Northern Ireland, the High Court or the Competition Appeal Tribunal;
- breach of planning control
has the same meaning as in the Town and Country Planning Act 1990 (see section 171A of that Act);
- civil service
means the civil service of the State;
- copyright licences
has the same meaning as in section 116. 6 Nothing in this section applies in relation to Crown copyright or Parliamentary copyright. 116C 1 This section and section 116D apply to regulations under sections 116A and 116B. 2 The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations. 3 The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences. 4 The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including— a the deduction of administrative costs;
- determination period
has the meaning given in section 263K(4);”
- domestic tenancy
means—
- employer
has the same meaning as in Part 4A of the Employment Rights Act 1996, and also— (a) in relation to an individual seeking to be employed by a person as a worker, includes that person;
- employer-representative members
means appointed members whose knowledge or experience of industrial relations is as representatives of employers;
- enactment
includes— (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, (c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales, and (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation.
- enforcement functions
means— a in relation to the CMA— i functions conferred by virtue of section 164(2)(b) on the CMA by enforcement orders;
- Existing works
has the same meaning as in Schedule 1. 5 Regulations under subsection (2) may— a make different provision for different purposes;
- financial award
means an award of a sum of money, but does not including anything payable by virtue of section 13;
- full PI reference
means a reference made by the Secretary of State under subsection (6) which specifies that it is a full PI reference;
- government administered redress scheme
means a redress scheme which is—
- insolvency office-holder
means—
- interim measure
means— (a) an undertaking under section 80;
- lead enforcement authority
has the meaning given by section 24(1) of the Tenant Fees Act 2019.
- legal requirement
has the same meaning as in paragraph 5 of Schedule 3 to the Competition Act 1998. 5 A power to make an order under this section— a is exercisable by statutory instrument, b may be exercised so as to make different provision for different cases or different purposes, and c includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate. 6 A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
- lettings agency work
means things done by any person in the course of a business in response to instructions received from—
- long lease
means a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent.
- market investigation
means an investigation carried out by a market reference group in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
- market reference group
means a CMA group constituted in connection with a reference under section 131, 132 or 140A of the Enterprise Act 2002;
- median annual earnings
means—
- merger investigation
means an investigation carried out by a merger reference group in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
- merger reference group
means a CMA group constituted in connection with a reference under section 32 of the Water Industry Act 1991 or section 22, 33, 45, or 62 of the Enterprise Act 2002;
- payment for loss of office
has the same meaning as in Chapter 4 of this Part. 2 Subsection (3) applies where, in connection with a relevant transfer, a director of a quoted company is— a to cease to hold office as director, or b to cease to be the holder of— i any other office or employment in connection with the management of the affairs of the company, or ii any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company. 3 If in connection with the transfer— a the price to be paid to the director for any shares in the company held by the director is in excess of the price which could at the time have been obtained by other holders of like shares, or b any valuable consideration is given to the director by a person other than the company, the excess or, as the case may be, the money value of the consideration is taken for the purposes of section 226C to have been a payment for loss of office. 4 In subsection (2), “relevant transfer” means— a a transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company;
- 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.”
- pre-termination negotiations
means any offer made or discussions held, before the termination of the employment in question, with a view to it being terminated on terms agreed between the employer and the employee. 3 Subsection (1) does not apply where, according to the complainant's case, the circumstances are such that a provision (whenever made) contained in, or made under, this or any other Act requires the complainant to be regarded for the purposes of this Part as unfairly dismissed. 4 In relation to anything said or done which in the tribunal's opinion was improper, or was connected with improper behaviour, subsection (1) applies only to the extent that the tribunal considers just.
- prescribed
means prescribed in employment tribunal procedure regulations. 11 The Secretary of State may by employment tribunal procedure regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8). 12 Employment tribunal procedure regulations may (in particular) make provision— a authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by such regulations to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4);
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, and (d) Northern Ireland legislation.
- property management work
means things done by any person (“A”) in the course of a business in response to instructions received from another person (“C”) where—
- public interest expert
means a person appointed under section 141B of the Enterprise Act 2002 in relation to a reference under section 140A(6) of that Act;
- quoted company
has the same meaning as in Part 15 of this Act;
- relevant demolition
means the demolition of a building that— a is situated in a conservation area in England;
- relevant group
means a market reference group, a merger reference group, or a special reference group;
- relevant information
means— a the names of the undertakings to which the arrangements relate, b a description of the nature of the arrangements which is sufficient to show why they are or might be arrangements of the kind to which section 188(1) applies, c the products or services to which they relate, and d such other information as may be specified in an order made by the Secretary of State. 3 An individual does not commit an offence under section 188(1) if the agreement is made in order to comply with a legal requirement. 4 In subsection (3), “legal requirement” has the same meaning as in paragraph 5 of Schedule 3 to the Competition Act 1998. 5 A power to make an order under this sectio
- relevant person
means— a any person carrying on any of the enterprises concerned;
- relevant proceedings
means employment tribunal proceedings— ”.
- relevant tenancy
means—
- relevant transfer
means— a a transfer of the whole or any part of the undertaking or property of the company or a subsidiary of the company;
- relevant undertaking
means an undertaking whose activities are being investigated as part of the investigation in question.”
- remuneration payment
means any form of payment or other benefit made to or otherwise conferred on a person as consideration for the person— (a) holding, agreeing to hold or having held office as director of a company, or (b) holding, agreeing to hold or having held, during a period when the person is or was such a director— (i) any other office or employment in connection with the management of the affairs of the company, or (ii) any office (as director or otherwise) or employment in connection with the management of the affairs of any subsidiary undertaking of the company, other than a payment for loss of office;
- restricted PI reference
means a reference made by the Secretary of State under subsection (6) which specifies that it is a restricted PI reference.”
- sectoral regulator order
has the same meaning as in section 52.
- settlement
means a settlement that avoids proceedings being instituted. 7 A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases.
- special investigation
means an investigation carried out by a special reference group in connection with a provision listed in paragraph 51(6)(c).
- special reference group
means a CMA group constituted in connection with a reference under—
- specified
means specified or described in the heritage partnership agreement. 9 In this section and section 26B— • “owner”, in relation to a listed building or a part of such a building, means a person who is for the time being — (a) the estate owner in respect of the fee simple in the building or part;
- the 1998 Act
means the Competition Act 1998;
- the 2002 Act
means the Enterprise Act 2002.
- the CMA
means the Competition and Markets Authority;”
- the CMA Board
has the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;”, and”
- 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 section 109 power
means the power under section 109 to which the failure or (as the case may be) the obstruction or delay in question relates. 3 Where the section 109 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked. 4 Except where subsection (3) applies, the relevant day is the day determined in accordance with the following provisions of this section. 5 Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a possible reference under section 22 or 33, the relevant day is the day when the CMA finally decides whether to make the reference. 6 Where the section 109 power is exercised for the purpose mentioned in section 109(A1)(a) in connection with a matter that is the subject of a reference under section 22 or 33, the relevant day is the day when the reference is finally determined (see section 79). 7 Where the section 109 power is exercised for the purpose mentioned in section 109
- the section 174 power
means the power under section 174 to which the failure or (as the case may be) the obstruction or delay in question relates. 3 Where the section 174 power is exercised for the purpose mentioned in section 174(1)(a), the relevant day is the day when the CMA finally concludes the carrying out of its section 5 functions. 4 Where the section 174 power is exercised in connection with an enforcement function (within the meaning of that section), the relevant day is the day when the enforcement undertaking concerned is superseded or released or (as the case may be) the enforcement order concerned is revoked. 5 Except where subsection (3) or (4) applies, the relevant day is the day determined in accordance with the following provisions of this section. 6 Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a possible reference under section 131, the relevant day is the day when the CMA finally decides whether to make the reference. 7 Where the section 174 power is exercised for the purpose mentioned in section 174(1)(b) in connection with a matter that is the subject of a reference
- Tribunal rules
means rules under section 15 of the Enterprise Act 2002.””
- worker
has the same meaning as in Part 4A of the Employment Rights Act 1996, and also includes an individual seeking to be employed by a person as a worker. 12 The Secretary of State may by order— a amend subsection (3), (5) or (7) by substituting a different amount;
- worker-representative members
means appointed members whose knowledge or experience of industrial relations is as representatives of workers.”
- working day
means any day which is not— (a) a Saturday, a Sunday, Good Friday or Christmas Day, or (b) a day which is a bank holiday in England and Wales. 4 For the purposes of paragraph (a) in the definition of “initial period” in subsection (3), the CMA is carrying out its function in consequence of the giving of a merger notice under section 96 if it is considering whether to make a reference under section 22 or 33 in relation to— a arrangements of which notice is given in the merger notice or arrangements which do not differ from them in any material respect, or b the creation of any relevant merger situation which is, or may be, created in consequence of carrying such arrangements into effect. 5 Nothing in this section applies where section 34A(2) or 46A(2) applies (duties where case referred by the European Commission). 34ZB 1 The CMA may extend the initial period mentioned in section 34ZA(1) if it considers that a relevant person has failed (with or without a reasonable excuse) to comply with any requirement of a notice under section 109 in relation to the case in question. 2 In subsection (1), “relevant person” means— a any person carrying on any of the enterprises concer