SCHEDULESavings and transitional provisions

PART 1Saving and transitional provision in relation to the coming into force of provision in Chapter 1 of Part 2 (Competition) of the Act

1.  The amendments made by section 122 (production of information authorised by warrant) of the Act to sections 28(1) and 28A of CA 1998(2) have no effect in relation to anything done further to a warrant that was issued under either of those sections before the commencement date.

2.  The amendments made by section 123 (additional powers of seizure from domestic premises) of the Act to the Criminal Justice and Police Act 2001(3) have no effect in relation to anything done further to a warrant issued under section 28 or 28A of CA 1998 before the commencement date.

3.  The amendments made by section 124 (standard of review on appeals against interim measures directions) of the Act to CA 1998 have no effect in relation to a decision made in respect of directions under section 35(4) of CA 1998, where that decision was made before the commencement date.

4.  The amendments made by section 125 (declaratory relief) of, and Schedule 3 (power of Competition Appeal Tribunal to grant declaratory relief) to, the Act have no effect in relation to proceedings commenced in the Competition Appeal Tribunal(5) before the commencement date, or transferred(6) from a court to the Competition Appeal Tribunal before the commencement date.

(1)

Section 28 was amended by paragraph 21 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16), section 203 of, and paragraph 38(22) of Schedule 25 to, the Enterprise Act 2002 (c. 40) (“EA 2002”), paragraph 8 of Schedule 5 and paragraph 2 of Schedule 13 to the 2013 Act; and by S.I. 2004/1261.

(2)

Section 28A was inserted by S.I. 2004/1261; amended by paragraph 9 of Schedule 5 and paragraph 3 of Schedule 13 to the 2013 Act.

(4)

Section 35 was amended by paragraph 38(27) of Schedule 25 to EA 2002, section 43 of, and paragraph 19 of Schedule 5 to, the 2013 Act; and by S.I. 2004/1261 and 2019/93.

(5)

The Competition Appeal Tribunal was established by virtue of section 12 of the EA 2002.

(6)

See section 16 of the EA 2002 in relation to transfers to and from the Tribunal.