Search Legislation

Advanced Search

Enterprise Act 2002

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Enterprise Act 2002. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  1. Introductory Text

  2. Part 1 The Office of Fair Trading

    1. Establishment of OFT

      1. 1. The Office of Fair Trading

      2. 2. The Director General of Fair Trading

      3. 3. Annual plan

      4. 4. Annual and other reports

    2. General functions of OFT

      1. 5. Acquisition of information etc.

      2. 6. Provision of information etc. to the public

      3. 7. Provision of information and advice to Ministers etc.

      4. 8. Promoting good consumer practice

    3. Miscellaneous

      1. 9. Repeal of certain powers of direction

      2. 10. Part 2 of the 1973 Act

      3. 11. Super-complaints to OFT

  3. Part 2 The Competition Appeal Tribunal

    1. The Competition Appeal Tribunal

      1. 12. The Competition Appeal Tribunal

      2. 13. The Competition Service

      3. 14. Constitution of Tribunal for particular proceedings and its decisions

      4. 15. Tribunal rules

      5. 16. Transfers of certain proceedings to and from Tribunal

    2. Proceedings under Part 1 of 1998 Act

      1. 17. Third party appeals

      2. 18. Monetary claims

      3. 19. Claims on behalf of consumers

    3. Other amendments of 1998 Act

      1. 20. Findings of infringements

      2. 21. Amendment of 1998 Act relating to the Tribunal

  4. Part 3 Mergers

    1. Chapter 1 Duty to make references

      1. Duty to make references: completed mergers

        1. 22. Duty to make references in relation to completed mergers

        2. 23. Relevant merger situations

        3. 24. Time-limits and prior notice

        4. 25. Extension of time-limits

        5. 26. Enterprises ceasing to be distinct enterprises

        6. 27. Time when enterprises cease to be distinct

        7. 28. Turnover test

        8. 29. Obtaining control by stages

        9. 30. Relevant customer benefits

        10. 31. Information powers in relation to completed mergers

        11. 32. Supplementary provision for purposes of sections 25 and 31

      2. Duty to make references: anticipated mergers

        1. 33. Duty to make references in relation to anticipated mergers

        2. 34. Supplementary provision in relation to anticipated mergers

      3. Cases referred by European Commission under EC Merger Regulation

        1. 34A Duty of OFT where case referred by the European Commission

        2. 34B Power to request information in referred cases

      4. Determination of references

        1. 35. Questions to be decided in relation to completed mergers

        2. 36. Questions to be decided in relation to anticipated mergers

        3. 37. Cancellation and variation of references under section 22 or 33

        4. 38. Investigations and reports on references under section 22 or 33

        5. 39. Time-limits for investigations and reports

        6. 40. Section 39: supplementary

        7. 41. Duty to remedy effects of completed or anticipated mergers

    2. Chapter 2 Public interest cases

      1. Power to make references

        1. 42. Intervention by Secretary of State in certain public interest cases

        2. 43. Intervention notices under section 42

        3. 44. Investigation and report by OFT

        4. 44A.Additional investigation and report by OFCOM: media mergers

        5. 45. Power of Secretary of State to refer matter to Commission

        6. 46. References under section 45: supplementary

      2. Cases referred by European Commission under the EC Merger Regulation

        1. 46A Cases referred by the European Commission where intervention notice is in force

        2. 46B Extension of preliminary assessment period

        3. 46C Power to request information in referred cases

      3. Reports on references

        1. 47. Questions to be decided on references under section 45

        2. 48. Cases where references or certain questions need not be decided

        3. 49. Variation of references under section 45

        4. 50. Investigations and reports on references under section 45

        5. 51. Time-limits for investigations and reports by Commission

        6. 52. Section 51: supplementary

        7. 53. Restrictions on action where public interest considerations not finalised

      4. Decisions of the Secretary of State

        1. 54. Decision of Secretary of State in public interest cases

        2. 55. Enforcement action by Secretary of State

      5. Other

        1. 56. Competition cases where intervention on public interest grounds ceases

        2. 57. Duties of OFT and Commission to inform Secretary of State

        3. 58. Specified considerations

        4. 58A.Construction of consideration specified in section 58(2C)

    3. Chapter 3 Other special cases

      1. Special public interest cases

        1. 59. Intervention by Secretary of State in special public interest cases

        2. 59A.Construction of conditions in section 59(3C) and (3D)

        3. 60. Special intervention notices under section 59

        4. 61. Initial investigation and report by OFT

        5. 61A.Additional investigation and report by OFCOM: certain media mergers

        6. 62. Power of Secretary of State to refer the matter

        7. 63. Questions to be decided on references under section 62

        8. 64. Cancellation and variation of references under section 62

        9. 65. Investigations and reports on references under section 62

        10. 66. Decision and enforcement action by Secretary of State

      2. European mergers

        1. 67. Intervention to protect legitimate interests

        2. 68. Scheme for protecting legitimate interests

      3. Other

        1. 69. Newspaper mergers

        2. 70. Water mergers

    4. Chapter 4 Enforcement

      1. Powers exercisable before references under section 22 or 33

        1. 71. Initial undertakings: completed mergers

        2. 72. Initial enforcement orders: completed mergers

        3. 73. Undertakings in lieu of references under section 22 or 33

        4. 74. Effect of undertakings under section 73

        5. 75. Order-making power where undertakings under section 73 not fulfilled etc.

        6. 76. Supplementary interim order-making power

      2. Interim restrictions and powers

        1. 77. Restrictions on certain dealings: completed mergers

        2. 78. Restrictions on certain share dealings: anticipated mergers

        3. 79. Sections 77 and 78: further interpretation provisions

        4. 80. Interim undertakings

        5. 81. Interim orders

      3. Final powers

        1. 82. Final undertakings

        2. 83. Order-making power where final undertakings not fulfilled

        3. 84. Final orders

      4. Public interest and special public interest cases

        1. 85. Enforcement regime for public interest and special public interest cases

      5. Undertakings and orders: general provisions

        1. 86. Enforcement orders: general provisions

        2. 87. Delegated power of directions

        3. 88. Contents of certain enforcement orders

        4. 89. Subject-matter of undertakings

        5. 90. Procedural requirements for certain undertakings and orders

        6. 91. Register of undertakings and orders

      6. Enforcement functions of OFT

        1. 92. Duty of OFT to monitor undertakings and orders

        2. 93. Further role of OFT in relation to undertakings and orders

      7. Other

        1. 94. Rights to enforce undertakings and orders

        2. 95. Rights to enforce statutory restrictions

    5. Chapter 5 Supplementary

      1. Merger notices

        1. 96. Merger notices

        2. 97. Period for considering merger notices

        3. 98. Section 97: supplementary

        4. 99. Certain functions of OFT and Secretary of State in relation to merger notices

        5. 100. Exceptions to protection given by merger notices

        6. 101. Merger notices: regulations

        7. 102. Power to modify sections 97 to 101

      2. General duties in relation to references

        1. 103. Duty of expedition in relation to references

        2. 104. Certain duties of relevant authorities to consult

        3. 104A.Public consultation in relation to media mergers

      3. Information and publicity requirements

        1. 105. General information duties of OFT and Commission

        2. 106. Advice and information about references under sections 22 and 33

        3. 106A.Advice and information in relation to media mergers

        4. 106B.General advisory functions of OFCOM

        5. 107. Further publicity requirements

        6. 108. Defamation

      4. Investigation powers

        1. 109. Attendance of witnesses and production of documents etc.

        2. 110. Enforcement of powers under section 109: general

        3. 111. Penalties

        4. 112. Penalties: main procedural requirements

        5. 113. Payments and interest by instalments

        6. 114. Appeals in relation to penalties

        7. 115. Recovery of penalties

        8. 116. Statement of policy

        9. 117. False or misleading information

      5. Reports

        1. 118. Excisions from reports

        2. 119. Minority reports of Commission

      6. Further provision about media mergers

        1. 119A.Other general functions of OFCOM in relation to this Part

        2. 119B.Monitoring role for OFT in relation to media mergers

      7. Miscellaneous

        1. 120. Review of decisions under Part 3

        2. 121. Fees

        3. 122. Primacy of Community law

        4. 123. Power to alter share of supply test

      8. Other

        1. 124. Orders and regulations under Part 3

        2. 125. Offences by bodies corporate

        3. 126. Service of documents

        4. 127. Associated persons

        5. 128. Supply of services and market for services etc.

        6. 129. Other interpretation provisions

        7. 130. Index of defined expressions

  5. Part 4 Market Investigations

    1. Chapter 1 Market investigation references

      1. Making of references

        1. 131. Power of OFT to make references

        2. 132. Ministerial power to make references

        3. 133. Contents of references

      2. Determination of references

        1. 134. Questions to be decided on market investigation references

        2. 135. Variation of market investigation references

        3. 136. Investigations and reports on market investigation references

        4. 137. Time-limits for market investigations and reports

        5. 138. Duty to remedy adverse effects

    2. Chapter 2 Public interest cases

      1. Intervention notices

        1. 139. Public interest intervention by Secretary of State

      2. Intervention notices under section 139(1)

        1. 140. Intervention notices under section 139(1)

        2. 141. Questions to be decided by Commission

        3. 142. Investigations and reports by Commission

        4. 143. Publication etc. of reports of Commission

        5. 144. Time-limits for investigations and reports: Part 4

        6. 145. Restrictions where public interest considerations not finalised: Part 4

        7. 146. Decision of Secretary of State

        8. 147. Remedial action by Secretary of State

        9. 148. Reversion of the matter to the Commission

      3. Intervention notices under section 139(2)

        1. 149. Intervention notices under section 139(2)

        2. 150. Power of veto of Secretary of State

      4. Other

        1. 151. Further interaction of intervention notices with general procedure

        2. 152. Certain duties of OFT and Commission

        3. 153. Specified considerations: Part 4

    3. Chapter 3 Enforcement

      1. Undertakings and orders

        1. 154. Undertakings in lieu of market investigation references

        2. 155. Undertakings in lieu: procedural requirements

        3. 156. Effect of undertakings under section 154

        4. 157. Interim undertakings: Part 4

        5. 158. Interim orders: Part 4

        6. 159. Final undertakings: Part 4

        7. 160. Order-making power where final undertakings not fulfilled: Part 4

        8. 161. Final orders: Part 4

      2. Enforcement functions of OFT

        1. 162. Duty of OFT to monitor undertakings and orders: Part 4

        2. 163. Further role of OFT in relation to undertakings and orders: Part 4

      3. Supplementary

        1. 164. Enforcement undertakings and orders under this Part: general provisions

        2. 165. Procedural requirements for certain undertakings and orders: Part 4

        3. 166. Register of undertakings and orders: Part 4

        4. 167. Rights to enforce undertakings and orders under this Part

    4. Chapter 4 Supplementary

      1. Regulated markets

        1. 168. Regulated markets

      2. Consultation, information and publicity

        1. 169. Certain duties of relevant authorities to consult: Part 4

        2. 170. General information duties

        3. 171. Advice and information: Part 4

        4. 172. Further publicity requirements: Part 4

        5. 173. Defamation: Part 4

      3. Investigation powers

        1. 174. Investigation powers of OFT

        2. 175. Enforcement of powers under section 174: offences

        3. 176. Investigation powers of the Commission

      4. Reports

        1. 177. Excisions from reports: Part 4

        2. 178. Minority reports of Commission: Part 4

      5. Other

        1. 179. Review of decisions under Part 4

        2. 180. Offences

        3. 181. Orders under Part 4

        4. 182. Service of documents: Part 4

        5. 183. Interpretation: Part 4

        6. 184. Index of defined expressions: Part 4

  6. Part 5 The Competition Commission

    1. 185. The Commission

    2. 186. Annual report of Commission

    3. 187. Commission rules of procedure

  7. Part 6 Cartel offence

    1. Cartel offence

      1. 188. Cartel offence

      2. 189. Cartel offence: supplementary

      3. 190. Cartel offence: penalty and prosecution

      4. 191. Extradition

    2. Criminal investigations by OFT

      1. 192. Investigation of offences under section 188

      2. 193. Powers when conducting an investigation

      3. 194. Power to enter premises under a warrant

      4. 195. Exercise of powers by authorised person

      5. 196. Privileged information etc.

      6. 197. Restriction on use of statements in court

      7. 198. Use of statements obtained under Competition Act 1998

      8. 199. Surveillance powers

      9. 200. Authorisation of action in respect of property

      10. 201. Offences

      11. 202. Interpretation of sections 192 to 201

  8. Part 7 Miscellaneous Competition Provisions

    1. Powers of entry under 1998 Act

      1. 203. Powers of entry

    2. Directors disqualification

      1. 204. Disqualification

    3. Miscellaneous

      1. 205. Super-complaints to regulators other than OFT

      2. 206. Power to modify Schedule 8

      3. 207. Repeal of Schedule 4 to the 1998 Act

      4. 208. Repeal of Part 6 of Fair Trading Act 1973

      5. 209. Reform of Community competition law

  9. Part 8 Enforcement of certain consumer legislation

    1. Introduction

      1. 210. Consumers

      2. 211. Domestic infringements

      3. 212. Community infringements

      4. 213. Enforcers

    2. Enforcement procedure

      1. 214. Consultation

      2. 215. Applications

      3. 216. Applications: directions by OFT

      4. 217. Enforcement orders

      5. 218. Interim enforcement order

      6. 219. Undertakings

      7. 220. Further proceedings

      8. 221. Community infringements: proceedings

      9. 222. Bodies corporate: accessories

      10. 223. Bodies corporate: orders

    3. Information

      1. 224. OFT

      2. 225. Other enforcers

      3. 226. Notices: procedure

      4. 227. Notices: enforcement

      5. 227A.Power to enter premises without warrant

      6. 227B.Powers exercisable on the premises

      7. 227C.Power to enter premises with warrant

      8. 227D.Ancillary provisions about powers of entry

      9. 227E.Obstructing, or failing to co-operate with, powers of entry

      10. 227F.Retention of documents and goods

    4. Miscellaneous

      1. 228. Evidence

      2. 229. Advice and information

      3. 230. Notice to OFT of intended prosecution

      4. 231. Notice of convictions and judgments to OFT

    5. Interpretation

    6. 232. Goods and services

    7. 233. Person supplying goods

    8. 234. Supply of services

    9. 235. Injunctions Directive

    10. 235A.CPC Regulation

    11. 235B.Dual enforcers

    12. Crown

      1. 236. Crown

  10. Part 9 Information

    1. Restrictions on disclosure

      1. 237. General restriction

      2. 238. Information

    2. Permitted disclosure

      1. 239. Consent

      2. 240. Community obligations

      3. 241. Statutory functions

      4. 241A.Civil proceedings

      5. 242. Criminal proceedings

      6. 243. Overseas disclosures

      7. 244. Specified information: considerations relevant to disclosure

    3. Offences

      1. 245. Offences

    4. General

      1. 246. Subordinate legislation

      2. 247.Repeals

  11. Part 10 Insolvency

    1. Companies etc.

      1. 248. Replacement of Part II of Insolvency Act 1986

      2. 249. Special administration regimes

      3. 250. Prohibition of appointment of administrative receiver

      4. 251. Abolition of Crown preference

      5. 252. Unsecured creditors

      6. 253. Liquidator’s powers

      7. 254. Application of insolvency law to foreign company

      8. 255. Application of law about company arrangement or administration to non-company

    2. Individuals

      1. 256. Duration of bankruptcy

      2. 257. Post-discharge restrictions

      3. 258. Investigation by official receiver

      4. 259. Income payments order

      5. 260. Income payments agreement

      6. 261. Bankrupt’s home

      7. 262. Powers of trustee in bankruptcy

      8. 263. Repeal of certain bankruptcy offences

      9. 264. Individual voluntary arrangement

      10. 265. Disqualification from office: justice of the peace

      11. 266. Disqualification from office: Parliament

      12. 267. Disqualification from office: local government

      13. 268. Disqualification from office: general

      14. 269. Minor and consequential amendments

    3. Money

      1. 270. Fees

      2. 271. Insolvency Services Account: interest

      3. 272. Insolvency Services Accounts

  12. Part 11 Supplementary

    1. 273. Interpretation

    2. 274. Provision of financial assistance for consumer purposes

    3. 275. Financial provision

    4. 276. Transitional or transitory provision and savings

    5. 277. Power to make consequential amendments etc.

    6. 278. Minor and consequential amendments and repeals

    7. 279. Commencement

    8. 280. Extent

    9. 281. Short title

  13. SCHEDULES

    1. SCHEDULE 1

      The Office of Fair Trading

      1. 1.Membership

      2. 2.Terms of appointment, remuneration, pensions etc.

      3. 3.(1) An appointment of a person to hold office as...

      4. 4.(1) The OFT shall pay to the chairman and other...

      5. 5.Staff

      6. 6.The OFT may, with the approval of the Minister for...

      7. 7.Membership of committees or sub-committees of OFT

      8. 8.Proceedings etc.

      9. 9.The validity of anything done by the OFT is not...

      10. 10.(1) The application of the seal of the OFT shall...

      11. 11.A document purporting to be duly executed under the seal...

      12. 12.Performance of functions

      13. 13.Supplementary powers

      14. 14.Parliamentary Commissioner Act 1967 (c. 13)

      15. 15.House of Commons Disqualification Act 1975 (c. 24)

      16. 16.Northern Ireland Assembly Disqualification Act 1975 (c. 25)

    2. SCHEDULE 2

      The Competition Appeal Tribunal

      1. 1.Appointment, etc. of President and chairmen

      2. 2.(1) The members appointed as President or as chairmen shall...

      3. 3.If the President is absent or otherwise unable to act...

      4. 4.Appointment, etc. of ordinary members

      5. 5.Remuneration etc. for members

      6. 6.Compensation for loss of office

      7. 7.Staff, accommodation and property

      8. 8.Miscellaneous

      9. 9.In this Schedule “chairman” and “ordinary member” mean respectively a...

      10. 10.In Part 2 of Schedule 1 to the House of...

      11. 11.In Part 2 of Schedule 1 to the Northern Ireland...

    3. SCHEDULE 3

      The Competition Service

      1. Part 1 Constitution etc.

        1. 1.Membership of the Service

        2. 2.Chairman of Service

        3. 3.Appointed members

        4. 4.Allowances, etc. for members

        5. 5.If, where any person ceases to hold office as an...

        6. 6.Staff

        7. 7.Procedure

        8. 8.(1) The application of the seal of the Service shall...

        9. 9.A document purporting to be duly executed under the seal...

        10. 10.The Service’s powers

        11. 11.Accounts

        12. 12.(1) The Service shall— (a) prepare a statement of accounts...

      2. Part 2 Transfers of property etc. between the Commission and the Service

        1. 13.(1) The Secretary of State may make one or more...

        2. 14.(1) On the day appointed by a scheme under paragraph...

        3. 15.The transfer by paragraph 14(1) of the rights and liabilities...

        4. 16.(1) Anything done by or in relation to the transferor...

      3. Part 3 Miscellaneous

        1. 17.In Part 2 of Schedule 1 to the House of...

        2. 18.In Part 2 of Schedule 1 to the Northern Ireland...

    4. SCHEDULE 4

      Tribunal: procedure

      1. Part 1 General

        1. 1.Decisions of the Tribunal

        2. 2.Enforcement of decisions in Great Britain

        3. 3.If a decision of the Tribunal awards damages, costs or...

        4. 4.Subject to rules of court or any practice direction, a...

        5. 5.Enforcement of decisions in Northern Ireland

        6. 6.Miscellaneous

        7. 7.An award of costs or expenses against a specified body...

        8. 8.In this Part of this Schedule any reference to damages...

      2. Part 2 Tribunal rules

        1. 9.General

        2. 10.Tribunal rules may make different provision for different kinds of...

        3. 11.Institution of proceedings

        4. 12.Tribunal rules may provide for the Tribunal to reject any...

        5. 13.Tribunal rules may provide for the Tribunal—

        6. 14.Tribunal rules may provide for the Tribunal to reject any...

        7. 15.Tribunal rules must ensure that no proceedings are rejected without...

        8. 16.Pre-hearing reviews and preliminary matters

        9. 17.Conduct of the hearing

        10. 18.Quorum

        11. 19.Interest

        12. 20.Fees

        13. 21.Withdrawal of proceedings

        14. 22.Interim orders

        15. 23.Miscellaneous

        16. 24.Tribunal rules may make provision— (a) for a person who...

        17. 25.Tribunal rules may make provision for the Tribunal to transfer...

        18. 26.Tribunal rules may make provision in connection with the transfer...

    5. SCHEDULE 5

      Proceedings under Part 1 of the 1998 Act

      1. 1.Part 1 of the 1998 Act is amended as follows....

      2. 2.In section 46 (appealable decisions)— (a) in subsections (1) and...

      3. 3.Section 48 (appeal tribunals) shall cease to have effect.

      4. 4.For section 49 there is substituted— Further appeals (1) An appeal lies to the appropriate court—

      5. 5.In section 58(1) (findings of fact by director)—

      6. 6.In section 59(1) (interpretation of Part 1)—

      7. 7.(1) Schedule 7 (the Competition Commission) is amended as follows....

      8. 8.(1) Schedule 8 (appeals) is amended as follows.

    6. SCHEDULE 6

      Schedule to be inserted in the Water Industry Act 1991

      1. SCHEDULE 4ZA Application of provisions of Enterprise Act 2002 to...

    7. SCHEDULE 7

      Enforcement regime for public interest and special public interest cases

      1. 1.Pre-emptive undertakings and orders

      2. 2.(1) Sub-paragraph (2) applies where an intervention notice or special...

      3. 3.Undertakings in lieu of reference under section 45 or 62

      4. 4.(1) The relevant authority shall not make a reference under...

      5. 5.(1) Sub-paragraph (2) applies where the Secretary of State considers...

      6. 6.(1) Sub-paragraph (2) applies where— (a) the Secretary of State...

      7. 7.Statutory restrictions following reference under section 45 or 62

      8. 8.(1) Sub-paragraph (2) applies where— (a) a reference has been...

      9. 9.Final undertakings and orders

      10. 10.(1) Sub-paragraph (2) applies where the Secretary of State considers...

      11. 11.(1) The Secretary of State may, in accordance with section...

    8. SCHEDULE 8

      Provision that may be contained in certain enforcement orders

      1. 1.Introductory

      2. 2.General restrictions on conduct

      3. 3.(1) An order may prohibit the withholding from any person...

      4. 4.An order may prohibit requiring as a condition of the...

      5. 5.An order may prohibit— (a) discrimination between persons in the...

      6. 6.An order may prohibit— (a) giving, or agreeing to give...

      7. 7.An order may prohibit— (a) charging, for goods or services...

      8. 8.(1) An order may regulate the prices to be charged...

      9. 9.An order may prohibit the exercise of any right to...

      10. 10.General obligations to be performed

      11. 11.An order may require any activities to be carried on...

      12. 12.Acquisitions and divisions

      13. 13.(1) An order may provide for— (a) the division of...

      14. 14.The references in paragraph 13 to the division of a...

      15. 15.Supply and publication of information

      16. 16.An order may prohibit any person from notifying (whether by...

      17. 17.(1) An order may require a person supplying goods or...

      18. 18.An order made by virtue of paragraph 15 or 17...

      19. 19.An order may— (a) require any person to supply information...

      20. 20.National security

      21. 20A.Newspaper mergers

      22. 21.Supplementary

      23. 22.(1) An order which may prohibit the doing of anything...

      24. 23.Interpretation

      25. 24.In this Schedule “the relevant authority” means—

    9. SCHEDULE 9

      Certain amendments of sectoral enactments

      1. Part 1 Power of enforcement orders to amend licence conditions etc.

        1. 1.Telecommunications Act 1984 (c. 12)

        2. 2.Airports Act 1986 (c. 31)

        3. 3.In paragraph 13 of Schedule 1 to that Act—

        4. 4.Gas Act 1986 (c. 44)

        5. 5.Electricity Act 1989 (c. 29)

        6. 6.Broadcasting Act 1990 (c. 42)

        7. 7.Water Industry Act 1991 (c. 56)

        8. 8.In section 36(1) of that Act (interpretation of Part 2...

        9. 9.Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

        10. 10.Railways Act 1993 (c. 43)

        11. 11.Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

        12. 12.In paragraph 13 of Schedule 6 to that Order—

        13. 13.Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

        14. 14.Postal Services Act 2000 (c. 26)

        15. 15.Transport Act 2000 (c. 38)

      2. Part 2 Application of Part 4 of this Act to sectoral regulators

        1. 16.Telecommunications Act 1984 (c. 12)

        2. 17.Gas Act 1986 (c. 44)

        3. 18.Electricity Act 1989 (c. 29)

        4. 19.Water Industry Act 1991 (c. 56)

        5. 20.Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

        6. 21.Railways Act 1993 (c. 43)

        7. 22.Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

        8. 23.Transport Act 2000 (c. 38)

        9. 24.(1) Section 86 of that Act (functions exercisable by the...

        10. 25.In section 87 of that Act (CAA’s 1973 Act functions)...

        11. 26.In section 89 of that Act (carrying out functions) for...

    10. SCHEDULE 10

      Procedural requirements for certain enforcement undertakings and orders

      1. 1.Requirements for accepting undertakings and making orders

      2. 2.(1) Before accepting an undertaking to which this paragraph applies...

      3. 3.(1) If, after giving notice under paragraph 2(1) or (4),...

      4. 4.As soon as practicable after accepting an undertaking to which...

      5. 5.(1) The requirements of paragraph 2(4) (and those of paragraph...

      6. 6.Termination of undertakings and orders

      7. 7.(1) Before releasing an undertaking to which this paragraph applies...

      8. 8.As soon as practicable after releasing the undertaking or making...

      9. 9.Power to dispense with the requirements of the Schedule

    11. SCHEDULE 11

      The Competition Commission

      1. 1.Schedule 7 to the 1998 Act is amended as follows....

      2. 2.In paragraph 1 (interpretation), after the definition of “newspaper merger...

      3. 3.In paragraph 2 (appointment of members)— (a) in sub-paragraph (1)(c),...

      4. 4.In paragraph 5 (the Council)— (a) in sub-paragraph (1), the...

      5. 5.In paragraph 6 (terms of appointment)— (a) in sub-paragraph (2),...

      6. 6.Paragraph 7(4) (approval of Treasury) shall cease to have effect....

      7. 7.Before paragraph 8 there is inserted— The Commission may publish advice and information in relation to...

      8. 8.In paragraph 9 (staff)— (a) sub-paragraph (2), and in sub-paragraph...

      9. 9.Paragraph 10 (procedure) shall cease to have effect.

      10. 10.(1) Paragraph 15 (discharge of certain functions by groups) is...

      11. 11.(1) Paragraph 20 (requirement for two-thirds majority on reports) is...

      12. 12.In paragraph 22 (panel of persons to act in newspaper...

    12. SCHEDULE 12

      Competition Commission: certain procedural rules

      1. SCHEDULE 7A the competition commission: procedural rules for mergers and...

    13. SCHEDULE 13

      Listed Directives and Regulations

      1. Part 1 Directives and Regulations

        1. 1.Council Directive 84/450/EEC of 10 September 1984 relating to the...

        2. 2.Council Directive 85/577/EEC of 20 December 1985 to protect the...

        3. 3.Council Directive 87/102/EEC of 22 December 1986 for the approximation...

        4. 4.Council Directive 90/314/EEC of 13 June 1990 on package travel,...

        5. 5.Council Directive 93/13/EEC of 5 April 1993 on unfair terms...

        6. 6.Directive 94/47/EC of the European Parliament and of the Council...

        7. 7.Directive 97/7/EC of the European Parliament and of the Council...

        8. 7A.Directive 97/55/EC of the European Parliament and of the Council...

        9. 7B.Directive 98/6/EC of the European Parliament and of the Council...

        10. 8.Directive 1999/44/EC of the European Parliament and of the Council...

        11. 9.Directive 2000/31/EC of the European Parliament and of the Council...

        12. 9A.Directive 2002/65/EC of the European Parliament and of the Council...

        13. 9B.Regulation (EC) No. 261/2004 of the European Parliament and of...

      2. Part 2 Provisions of directives

        1. 10.Articles 10 to 21 of Council Directive 89/552/EEC of 3...

        2. 11.Articles 83 to 100 of the Directive 2001/83/EC of the...

    14. SCHEDULE 14

      Specified functions

      1. Parts 1, 2, 3, 4, 5, 6, 7, 8 and...

    15. SCHEDULE 15

      Enactments conferring functions

      1. Gun Barrel Proof Act 1868 (cap 113). Gun Barrel Proof...

    16. SCHEDULE 16

      Schedule B1 to Insolvency Act 1986

    17. SCHEDULE 17

      Administration: minor and consequential amendments

      1. 1.General

      2. 2.Magistrates’ Courts Act 1980 (c. 43)

      3. 3.Companies Act 1985 (c. 6)

      4. 4.In section 225 (alteration of accounting reference date)—

      5. 5.In section 425(1) (power of company to compromise) for “an...

      6. 6.In section 427A(3) (mergers and divisions of public companies) for...

      7. 7.In section 652B(3) (duty when applying to strike off defunct...

      8. 8.In section 652C(4) (director’s duty following application to strike off...

      9. 9.Insolvency Act 1986 (c. 45)

      10. 10.In section 1 (proposal for company voluntary arrangement)—

      11. 11.In section 5(3) (approval of company voluntary arrangement)—

      12. 12.In section 6(2)(c) (challenge of decision in relation to company...

      13. 13.In section 51 (power to appoint receiver: Scotland) after subsection...

      14. 14.At the end of section 100 (creditors’ voluntary winding up...

      15. 15.At the end of section 127 (winding-up: avoidance of property...

      16. 16.After section 129(1) (commencement of winding up) insert—

      17. 17.In section 140 (appointment by court of liquidator following administration...

      18. 18.In section 212 (misfeasance of officers)— (a) in subsection (1)(b)...

      19. 19.Section 230(1) (administrator to be qualified insolvency practitioner) shall cease...

      20. 20.In section 231(1) and (2) (appointment to office of two...

      21. 21.In section 232 (validity of office-holder’s act) omit the word...

      22. 22.In section 233 (utility supplies)— (a) for subsection (1)(a) substitute—...

      23. 23.For section 234(1)(a) (getting in the company’s property) substitute—

      24. 24.For section 235(4)(a) (co-operation with office-holder) substitute—

      25. 25.For section 238(1)(a) (transactions at an undervalue: England and Wales)...

      26. 26.(1) Section 240 (relevant time for sections 238 and 239)...

      27. 27.(1) Section 241 (order under section 238 or 239) shall...

      28. 28.(1) Section 242 (gratuitous alienations: Scotland) shall be amended as...

      29. 29.(1) Section 243 (unfair preferences: Scotland) shall be amended as...

      30. 30.In section 244(2) (extortionate credit transaction) for “the day on...

      31. 31.(1) Section 245 (avoidance of floating charge) shall be amended...

      32. 32.For section 246(1)(a) (unenforceability of lien on records) substitute—

      33. 33.(1) Section 247 (meaning of “insolvency” and “go into liquidation”)...

      34. 34.(1) Section 387 (preferential debts: “the relevant date”) shall be...

      35. 35.In section 422 (power to apply first Group of Parts...

      36. 36.In section 424(1)(a) (application for order in relation to transaction...

      37. 37.(1) Schedule A1 (moratorium where directors propose voluntary arrangement) shall...

      38. 38.(1) Schedule 8 (scope of insolvency rules) shall be amended...

      39. 39.(1) Schedule 10 (punishment of offences) shall be amended as...

      40. 40.Company Directors Disqualification Act 1986 (c. 46)

      41. 41.In section 6 (duty of court to disqualify unfit director...

      42. 42.In section 7(3) (duty of office-holder to report to Secretary...

      43. 43.Companies Act 1989 (c. 40)

      44. 44.In section 158 (modification of insolvency law)—

      45. 45.In section 161(4) (disapplication of enactments to default proceedings) for...

      46. 46.After section 167(1) (application by exchange or clearing house about...

      47. 47.(1) Section 175 (financial markets: administration) shall be amended as...

      48. 48.Coal Industry Act 1994 (c. 21)

      49. 49.Employment Rights Act 1996 (c. 18)

      50. 50.Housing Act 1996 (c. 52)

      51. 51.At the end of section 40 (initial notice to be...

      52. 52.At the end of section 41 (further notice to be...

      53. 53.Financial Services and Markets Act 2000 (c. 8)

      54. 54.(1) Section 215 (provision of Financial Services Compensation Scheme in...

      55. 55.For section 359 (administration order) substitute— Administration order (1) The Authority may make an administration application under Schedule...

      56. 56.For section 361 (administrator to report to Authority) substitute— Administrator’s...

      57. 57.In section 362 (Financial Services Authority’s right to participate in...

      58. 58.After section 362 insert— Administrator appointed by company or directors...

      59. 59.In section 427A(3) (mergers and divisions of public companies) for...

    18. SCHEDULE 18

      Schedule 2A to Insolvency Act 1986

      1. SCHEDULE 2A EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER:...

    19. SCHEDULE 19

      Duration of bankruptcy: transitional provisions

      1. 1.Introduction

      2. 2.In this Schedule— “commencement” means the date appointed under section...

      3. 3.Neither old law nor new law to apply

      4. 4.General rule for discharge from pre-commencement bankruptcy

      5. 5.Second-time bankruptcy

      6. 6.Criminal bankruptcy

      7. 7.Income payments order

      8. 8.Bankruptcy restrictions order or undertaking

    20. SCHEDULE 20

      Schedule 4A to Insolvency Act 1986

      1. SCHEDULE 4A Bankruptcy Restrictions Order and Undertaking Bankruptcy restrictions order...

    21. SCHEDULE 21

      Effect of bankruptcy restrictions order and undertaking

      1. 1.Disqualification for acting as receiver or manager

      2. 2.Bankruptcy offences after discharge

      3. 3.At the end of section 360 of that Act (obtaining...

      4. 4.Disqualification for acting as insolvency practitioner

      5. 5.Prohibition against involvement in company

    22. SCHEDULE 22

      Individual voluntary arrangement

      1. 1.Annulment of bankruptcy on making of voluntary arrangement

      2. 2.Fast-track for making voluntary arrangement

      3. 3.Role of official receiver

    23. SCHEDULE 23

      Individual insolvency: minor and consequential amendments

      1. 1.The Insolvency Act 1986 (c. 45) shall be amended as...

      2. 2.Section 275 (bankruptcy: summary administration) shall cease to have effect....

      3. 3.In section 280(1) (bankruptcy: discharge by order of court)—

      4. 4.In section 282 (annulment of bankruptcy)— (a) in subsection (4)...

      5. 5.For section 291(4) (co-operation with official receiver) substitute—

      6. 6.In section 292(1)(a) (trustee in bankruptcy: power to appoint) omit...

      7. 7.In section 293(1) (trustee in bankruptcy: meeting to appoint) omit...

      8. 8.In section 294(1) (power of creditors to requisition meeting) omit...

      9. 9.In section 297 (trustee: special cases)— (a) omit subsections (2)...

      10. 10.Omit section 298(3) (removal of trustee: summary administration).

      11. 11.In section 300 (trustee: vacancy)— (a) omit subsection (5), and...

      12. 12.In section 354(3) (concealment of property) after “the official receiver”...

      13. 13.At the end of section 355 (concealment and falsification of...

      14. 14.In the following provisions of section 399 (appointment of official...

      15. 15.In section 429(2)(b) (disability imposed on revoking administration order under...

      16. 16.(1) Schedule 9 (scope of insolvency rules) shall be amended...

      17. 17.In Schedule 10 (punishment of offences)— (a) in the entry...

    24. SCHEDULE 24

      Transitional and transitory provisions and savings

      1. 1.Operation of references to OFT before commencement of section 2(3)

      2. 2.Pensions etc. of former Directors

      3. 3.First financial year of the OFT

      4. 4.First annual plan of the OFT

      5. 5.Last annual report of the Director General of Fair Trading

      6. 6.Effect of transfers under section 2

      7. 7.First President and Registrar of the Competition Appeal Tribunal

      8. 8.The person who is Registrar of Appeal Tribunals (under paragraph...

      9. 9.Any person who is a member of the Competition Commission...

      10. 10.Any member of the Competition Commission appeal panel who is,...

      11. 11.Nothing in paragraph 7, 8, 9 or 10 applies to...

      12. 12.Tribunal rules

      13. 13.Merger references

      14. 14.Monopoly references

      15. 15.Enforcement undertakings and orders

      16. 16.(1) Sub-paragraph (2) applies to any undertaking—

      17. 17.(1) Any order made by a Minister of the Crown...

      18. 18.(1) Section 94(1) to (6) shall apply in relation to...

      19. 19.Paragraphs 13 to 18: supplementary provision

      20. 20.Designation orders under Schedule 4 to the 1998 Act

      21. 21.Proceedings under Part 3 of the 1973 Act

      22. 22.Supplementary

    25. SCHEDULE 25

      Minor and consequential amendments

      1. 1.Registered Designs Act 1949 (c. 88)

      2. 2.Agricultural Marketing Act 1958 (c. 47)

      3. 3.Public Records Act 1958 (c. 51)

      4. 4.Superannuation Act 1972 (c. 11)

      5. 5.Fair Trading Act 1973 (c. 41)

      6. 6.Consumer Credit Act 1974 (c. 39)

      7. 7.Restrictive Practices Court Act 1976 (c. 33)

      8. 8.Patents Act 1977 (c. 37)

      9. 9.Estate Agents Act 1979 (c. 38)

      10. 10.Competition Act 1980 (c. 21)

      11. 11.Civil Aviation Act 1982 (c. 16)

      12. 12.Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))

      13. 13.Telecommunications Act 1984 (c. 12)

      14. 14.Airports Act 1986 (c. 31)

      15. 15.Gas Act 1986 (c. 44)

      16. 16.Consumer Protection Act 1987 (c. 43)

      17. 17.Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))

      18. 18.Copyright, Designs and Patents Act 1988 (c. 48)

      19. 19.Water Act 1989 (c. 15)

      20. 20.Electricity Act 1989 (c. 29)

      21. 21.Companies Act 1989 (c. 40)

      22. 22.Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))

      23. 23.Courts and Legal Services Act 1990 (c. 41)

      24. 24.Broadcasting Act 1990 (c. 42)

      25. 25.Water Industry Act 1991 (c. 56)

      26. 26.Water Resources Act 1991 (c. 57)

      27. 27.Tribunals and Inquiries Act 1992 (c. 53)

      28. 28.Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

      29. 29.Osteopaths Act 1993 (c. 21)

      30. 30.Railways Act 1993 (c. 43)

      31. 31.Chiropractors Act 1994 (c. 17)

      32. 32.Coal Industry Act 1994 (c. 21)

      33. 33.Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))

      34. 34.Broadcasting Act 1996 (c. 55)

      35. 35.Channel Tunnel Rail Link Act 1996 (c. 61)

      36. 36.Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

      37. 37.Data Protection Act 1998 (c. 29)

      38. 38.Competition Act 1998 (c. 41)

      39. 39.Greater London Authority Act 1999 (c. 29)

      40. 40. Financial Services and Markets Act 2000 (c. 8)

      41. 41.Terrorism Act 2000 (c. 11)

      42. 42.Postal Services Act 2000 (c. 26)

      43. 43.Utilities Act 2000 (c. 27)

      44. 44.Transport Act 2000 (c. 38)

    26. SCHEDULE 26

      Repeals and revocations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules only you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources