Part 2 Enterprise Act 2002
Part 2 Enterprise Act 2002

18

The Enterprise Act 2002 is amended in accordance with this Part.

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(1)     Section 14 (constitution of Tribunal for particular proceedings and its decisions) is amended as follows.

(2)     In subsection (1), after “before it” insert “, including proceedings relating to the approval of a collective settlement under section 49A or 49B of the 1998 Act,”.

(3)     After subsection (1) insert—

“(1A)     But in the case of proceedings relating to a claim under section 47A of the 1998 Act which is subject to the fast-track procedure (as described in Tribunal rules), the Tribunal may consist of a chairman only.”

20

In section 15 (Tribunal rules), in subsection (1), at the end insert “, including proceedings relating to the approval of a collective settlement under section 49A or 49B of the 1998 Act.”

21

In section 16 (transfers of certain proceedings to and from Tribunal), in subsection (5), for “High Court or the Court of Session of” substitute “court of all or any part of”.

22

Schedule 4 (Tribunal: procedure) is amended in accordance with the following paragraphs of this Part.

23

In paragraph 1 (decisions of the Tribunal), for sub-paragraph (1)(a) substitute—

“(a)     state the reasons for the decision;

(aa)     state whether the decision was unanimous or taken by a majority or, where proceedings are heard by a chairman only, state that fact;”.

24

After paragraph 1 insert—

(1)     Where a person (“A”) fails to comply with an injunction granted by the Tribunal in proceedings under section 47A or 47B of the 1998 Act, the Tribunal may certify the

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