http://www.legislation.gov.uk/ukpga/2002/40/contents/2009-05-01

Enterprise Act 2002 (repealed)

An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.

text

text/xml

Statute Law Database

2024-05-17

Expert Participation

2009-05-01

Enterprise Act 2002

s. 31

The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014

Sch. 2

para. 4

art. 3

art.001(1)

Enterprise Act 2002

s. 69

The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014

art. 18(1)-(17)

art. 20-23

art. 1

Enterprise Act 2002

s. 71

The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014

Sch. 2

para. 5

art. 3

art.001(1)

Enterprise Act 2002

s. 92 heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86 cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 90 heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 91(3) heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 84A-84C and cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86(1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86(6)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 88(1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 90

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 91(3)(ba)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 91(3)(c)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 95A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 109(8A)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(8A)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(8A)(b)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(8B)

(8C)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(A1)(c)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110(2)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110(9)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110(9)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110A(3)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110A(3A)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110A(4)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 120(1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 120(1A)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(i)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(ii) and word

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 130 Table

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 12

reg. 1(1)

Enterprise Act 2002

s. 213(5A)

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(4)(b)

reg. 9

reg. 1

Enterprise Act 2002

s. 218A(1)

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(10)(a)

reg. 9

reg. 1

Enterprise Act 2002

s. 218A(1)

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(10)(b)

reg. 9

reg. 1

Enterprise Act 2002

s. 219A(5)(c)

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(12)

reg. 9

reg. 1

Enterprise Act 2002

s. 220(2)

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(13)

reg. 9

reg. 1

Enterprise Act 2002

s. 235

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(17)

reg. 9

reg. 1

Enterprise Act 2002

s. 235A

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

reg. 3(17)

reg. 9

reg. 1

Enterprise Act 2002

Sch. 10 para. 1 cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1(b)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(1)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(b)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(c)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(d)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(e)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(f)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(2)(f)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 2(4)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 3(1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 4

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 4(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 4(b)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 5(1)(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10 para. 6 cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 6(a)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 6(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 6(b)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 7

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 8

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10 heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

s. 168(3)(p)

Energy Act 2023

Sch. 5

para. 8(2)(a)

s. 334(3)(a)

Enterprise Act 2002

s. 168(4)(r)

Energy Act 2023

Sch. 5

para. 8(3)(a)

s. 334(3)(a)

Enterprise Act 2002

s. 168(3)

s. 168(4)(c)

The Electricity and Gas (Smart Meters Licensable Activity) Order 2012

art. 31

art. 1

Enterprise Act 2002

s. 120(6)-(8)

The Electricity (Single Wholesale Market) (Northern Ireland) Order 2007

Sch. 1

para. 15

art. 1(3)

Enterprise Act 2002

Part 1The Office of Fair Trading

Establishment of OFT

1 The Office of Fair Trading

2 The Director General of Fair Trading

3 Annual plan

4 Annual and other reports

General functions of OFT

5 Acquisition of information etc.

6 Provision of information etc. to the public

7 Provision of information and advice to Ministers etc.

8 Promoting good consumer practice

Miscellaneous

9 Repeal of certain powers of direction

10 Part 2 of the 1973 Act

11 Super-complaints to OFT

Part 2The Competition Appeal Tribunal

The Competition Appeal Tribunal

12 The Competition Appeal Tribunal

13 The Competition Service

14 Constitution of Tribunal for particular proceedings and its decisions

15 Tribunal rules

16 Transfers of certain proceedings to and from Tribunal

Proceedings under Part 1 of 1998 Act

17 Third party appeals

18 Monetary claims

19 Claims on behalf of consumers

Other amendments of 1998 Act

20 Findings of infringements

21 Amendment of 1998 Act relating to the Tribunal

Part 3Mergers

Chapter 1Duty to make references

Duty to make references: completed mergers

22 Duty to make references in relation to completed mergers

23 Relevant merger situations

24 Time-limits and prior notice

25 Extension of time-limits

26 Enterprises ceasing to be distinct enterprises

27 Time when enterprises cease to be distinct

28 Turnover test

29 Obtaining control by stages

30 Relevant customer benefits

31 Information powers in relation to completed mergers

32 Supplementary provision for purposes of sections 25 and 31

Duty to make references: anticipated mergers

33 Duty to make references in relation to anticipated mergers

34 Supplementary provision in relation to anticipated mergers

Cases referred by European Commission under EC Merger Regulation

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

34B Power to request information in referred cases

Determination of references

35 Questions to be decided in relation to completed mergers

36 Questions to be decided in relation to anticipated mergers

37 Cancellation and variation of references under section 22 or 33

38 Investigations and reports on references under section 22 or 33

39 Time-limits for investigations and reports

40 Section 39: supplementary

41 Duty to remedy effects of completed or anticipated mergers

Chapter 2Public interest cases

Power to make references

42 Intervention by Secretary of State in certain public interest cases

43 Intervention notices under section 42

44 Investigation and report by OFT

44AAdditional investigation and report by OFCOM: media mergers

45 Power of Secretary of State to refer matter to Commission

46 References under section 45: supplementary

Cases referred by European Commission under the EC Merger Regulation

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

46B Extension of preliminary assessment period

46C Power to request information in referred cases

Reports on references

47 Questions to be decided on references under section 45

48 Cases where references or certain questions need not be decided

49 Variation of references under section 45

50 Investigations and reports on references under section 45

51 Time-limits for investigations and reports by Commission

52 Section 51: supplementary

53 Restrictions on action where public interest considerations not finalised

Decisions of the Secretary of State

54 Decision of Secretary of State in public interest cases

55 Enforcement action by Secretary of State

Other

56 Competition cases where intervention on public interest grounds ceases

57 Duties of OFT and Commission to inform Secretary of State

58 Specified considerations

58AConstruction of consideration specified in section 58(2C)

Chapter 3Other special cases

Special public interest cases

59 Intervention by Secretary of State in special public interest cases

59AConstruction of conditions in section 59(3C) and (3D)

60 Special intervention notices under section 59

61 Initial investigation and report by OFT

61AAdditional investigation and report by OFCOM: certain media mergers

62 Power of Secretary of State to refer the matter

63 Questions to be decided on references under section 62

64 Cancellation and variation of references under section 62

65 Investigations and reports on references under section 62

66 Decision and enforcement action by Secretary of State

European mergers

67 Intervention to protect legitimate interests

68 Scheme for protecting legitimate interests

Powers exercisable before references under section 22 or 33

71 Initial undertakings: completed mergers

72 Initial enforcement orders: completed mergers

73 Undertakings in lieu of references under section 22 or 33

74 Effect of undertakings under section 73

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

76 Supplementary interim order-making power

Interim restrictions and powers

77 Restrictions on certain dealings: completed mergers

78 Restrictions on certain share dealings: anticipated mergers

79 Sections 77 and 78: further interpretation provisions

80 Interim undertakings

81 Interim orders

Final powers

82 Final undertakings

83 Order-making power where final undertakings not fulfilled

84 Final orders

Public interest and special public interest cases

85 Enforcement regime for public interest and special public interest cases

Undertakings and orders: general provisions

86 Enforcement orders: general provisions

87 Delegated power of directions

88 Contents of certain enforcement orders

89 Subject-matter of undertakings

90 Procedural requirements for certain undertakings and orders

91 Register of undertakings and orders

Enforcement functions of OFT

92 Duty of OFT to monitor undertakings and orders

93 Further role of OFT in relation to undertakings and orders

Other

94 Rights to enforce undertakings and orders

95 Rights to enforce statutory restrictions

Chapter 5Supplementary

Merger notices

96 Merger notices

97 Period for considering merger notices

98 Section 97: supplementary

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

100 Exceptions to protection given by merger notices

101 Merger notices: regulations

102 Power to modify sections 97 to 101

General duties in relation to references

103 Duty of expedition in relation to references

104 Certain duties of relevant authorities to consult

104APublic consultation in relation to media mergers

Information and publicity requirements

105 General information duties of OFT and Commission

106 Advice and information about references under sections 22 and 33

106AAdvice and information in relation to media mergers

106BGeneral advisory functions of OFCOM

107 Further publicity requirements

108 Defamation

Investigation powers

109 Attendance of witnesses and production of documents etc.

110 Enforcement of powers under section 109: general

111 Penalties

112 Penalties: main procedural requirements

113 Payments and interest by instalments

114 Appeals in relation to penalties

115 Recovery of penalties

116 Statement of policy

117 False or misleading information

Reports

118 Excisions from reports

119 Minority reports of Commission

Further provision about media mergers

119AOther general functions of OFCOM in relation to this Part

119BMonitoring role for OFT in relation to media mergers

Miscellaneous

120 Review of decisions under Part 3

121 Fees

122 Primacy of Community law

123 Power to alter share of supply test

Other

124 Orders and regulations under Part 3

125 Offences by bodies corporate

126 Service of documents

127 Associated persons

128 Supply of services and market for services etc.

129 Other interpretation provisions

130 Index of defined expressions

Part 4Market Investigations

Chapter 1Market investigation references

Making of references

131 Power of OFT to make references

132 Ministerial power to make references

133 Contents of references

Determination of references

134 Questions to be decided on market investigation references

135 Variation of market investigation references

136 Investigations and reports on market investigation references

137 Time-limits for market investigations and reports

138 Duty to remedy adverse effects

Chapter 2Public interest cases

Intervention notices

139 Public interest intervention by Secretary of State

Intervention notices under section 139(1)

140 Intervention notices under section 139(1)

141 Questions to be decided by Commission

142 Investigations and reports by Commission

143 Publication etc. of reports of Commission

144 Time-limits for investigations and reports: Part 4

145 Restrictions where public interest considerations not finalised: Part 4

146 Decision of Secretary of State

147 Remedial action by Secretary of State

148 Reversion of the matter to the Commission

Intervention notices under section 139(2)

149 Intervention notices under section 139(2)

150 Power of veto of Secretary of State

Other

151 Further interaction of intervention notices with general procedure

152 Certain duties of OFT and Commission

153 Specified considerations: Part 4

Chapter 3Enforcement

Undertakings and orders

154 Undertakings in lieu of market investigation references

155 Undertakings in lieu: procedural requirements

156 Effect of undertakings under section 154

157 Interim undertakings: Part 4

158 Interim orders: Part 4

159 Final undertakings: Part 4

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

161 Final orders: Part 4

Enforcement functions of OFT

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

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

Supplementary

164 Enforcement undertakings and orders under this Part: general provisions

165 Procedural requirements for certain undertakings and orders: Part 4

166 Register of undertakings and orders: Part 4

167 Rights to enforce undertakings and orders under this Part

Chapter 4Supplementary

Regulated markets

168 Regulated markets

Consultation, information and publicity

169 Certain duties of relevant authorities to consult: Part 4

170 General information duties

171 Advice and information: Part 4

172 Further publicity requirements: Part 4

173 Defamation: Part 4

Investigation powers

174 Investigation powers of OFT

175 Enforcement of powers under section 174: offences

176 Investigation powers of the Commission

Reports

177 Excisions from reports: Part 4

178 Minority reports of Commission: Part 4

Other

179 Review of decisions under Part 4

180 Offences

181 Orders under Part 4

182 Service of documents: Part 4

183 Interpretation: Part 4

184 Index of defined expressions: Part 4

Part 5The Competition Commission

185 The Commission

186 Annual report of Commission

187 Commission rules of procedure

Part 6Cartel offence

Cartel offence

188 Cartel offence

189 Cartel offence: supplementary

190 Cartel offence: penalty and prosecution

191 Extradition

Criminal investigations by OFT

192 Investigation of offences under section 188

193 Powers when conducting an investigation

194 Power to enter premises under a warrant

195 Exercise of powers by authorised person

196 Privileged information etc.

197 Restriction on use of statements in court

198 Use of statements obtained under Competition Act 1998

199 Surveillance powers

200 Authorisation of action in respect of property

201 Offences

202 Interpretation of sections 192 to 201

Part 7Miscellaneous Competition Provisions

Powers of entry under 1998 Act

203 Powers of entry

Directors disqualification

204 Disqualification

Miscellaneous

205 Super-complaints to regulators other than OFT

206 Power to modify Schedule 8

207 Repeal of Schedule 4 to the 1998 Act

208 Repeal of Part 6 of Fair Trading Act 1973

209 Reform of Community competition law

Part 8Enforcement of certain consumer legislation

Introduction

210 Consumers

211 Domestic infringements

212 Community infringements

213 Enforcers

Enforcement procedure

214 Consultation

215 Applications

216 Applications: directions by OFT

217 Enforcement orders

218 Interim enforcement order

218AUnfair commercial practices: substantiation of claims

219 Undertakings

220 Further proceedings

221 Community infringements: proceedings

222 Bodies corporate: accessories

223 Bodies corporate: orders

Information

224 OFT

225 Other enforcers

226 Notices: procedure

227 Notices: enforcement

227APower to enter premises without warrant

227BPowers exercisable on the premises

227CPower to enter premises with warrant

227DAncillary provisions about powers of entry

227EObstructing, or failing to co-operate with, powers of entry

227FRetention of documents and goods

Miscellaneous

228 Evidence

229 Advice and information

230 Notice to OFT of intended prosecution

231 Notice of convictions and judgments to OFT

232 Goods and services

233 Person supplying goods

234 Supply of services

235 Injunctions Directive

Restrictions on disclosure

237 General restriction

238 Information

Permitted disclosure

239 Consent

240 Community obligations

241 Statutory functions

241ACivil proceedings

242 Criminal proceedings

243 Overseas disclosures

244 Specified information: considerations relevant to disclosure

Offences

245 Offences

General

246 Subordinate legislation

247Repeals

Part 10Insolvency

Companies etc.

248 Replacement of Part II of Insolvency Act 1986

249 Special administration regimes

250 Prohibition of appointment of administrative receiver

251 Abolition of Crown preference

252 Unsecured creditors

253 Liquidator’s powers

254 Application of insolvency law to foreign company

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

Individuals

256 Duration of bankruptcy

257 Post-discharge restrictions

258 Investigation by official receiver

259 Income payments order

260 Income payments agreement

261 Bankrupt’s home

262 Powers of trustee in bankruptcy

263 Repeal of certain bankruptcy offences

264 Individual voluntary arrangement

265 Disqualification from office: justice of the peace

266 Disqualification from office: Parliament

267 Disqualification from office: local government

268 Disqualification from office: general

269 Minor and consequential amendments

Money

270 Fees

271 Insolvency Services Account: interest

272 Insolvency Services Accounts

Part 11Supplementary

273 Interpretation

274 Provision of financial assistance for consumer purposes

275 Financial provision

276 Transitional or transitory provision and savings

277 Power to make consequential amendments etc.

278 Minor and consequential amendments and repeals

SCHEDULE 1The Office of Fair Trading

1Membership

2Terms of appointment, remuneration, pensions etc.

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

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

5Staff

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

7Membership of committees or sub-committees of OFT

8Proceedings etc.

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

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

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

12Performance of functions

13Supplementary powers

14Parliamentary Commissioner Act 1967 (c. 13)

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

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

SCHEDULE 2The Competition Appeal Tribunal

1Appointment, etc. of President and chairmen

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

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

4Appointment, etc. of ordinary members

5Remuneration etc. for members

6Compensation for loss of office

7Staff, accommodation and property

8Miscellaneous

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

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

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

SCHEDULE 3The Competition Service

Part 1Constitution etc.

1Membership of the Service

2Chairman of Service

3Appointed members

4Allowances, etc. for members

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

6Staff

7Procedure

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

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

10The Service’s powers

11Accounts

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

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

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

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

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

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

Part 3Miscellaneous

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

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

SCHEDULE 4Tribunal: procedure

Part 1General

1Decisions of the Tribunal

2Enforcement of decisions in Great Britain

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

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

5Enforcement of decisions in Northern Ireland

6Miscellaneous

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

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

Part 2Tribunal rules

9General

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

11Institution of proceedings

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

13Tribunal rules may provide for the Tribunal—

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

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

16Pre-hearing reviews and preliminary matters

17Conduct of the hearing

18Quorum

19Interest

20Fees

21Withdrawal of proceedings

22Interim orders

23Miscellaneous

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

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

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

SCHEDULE 5Proceedings under Part 1 of the 1998 Act

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

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

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

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

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

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

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

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

SCHEDULE 6Schedule to be inserted in the Water Industry Act 1991

SCHEDULE 7Enforcement regime for public interest and special public interest cases

1Pre-emptive undertakings and orders

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

3Undertakings in lieu of reference under section 45 or 62

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

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

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

7Statutory restrictions following reference under section 45 or 62

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

9Final undertakings and orders

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

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

SCHEDULE 8Provision that may be contained in certain enforcement orders

1Introductory

2General restrictions on conduct

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

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

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

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

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

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

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

10General obligations to be performed

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

12Acquisitions and divisions

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

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

15Supply and publication of information

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

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

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

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

20National security

20ANewspaper mergers

20BMaintaining the stability of the UK financial system

21Supplementary

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

23Interpretation

24In this Schedule “the relevant authority” means—

SCHEDULE 9Certain amendments of sectoral enactments

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

1Telecommunications Act 1984 (c. 12)

2Airports Act 1986 (c. 31)

3In paragraph 13 of Schedule 1 to that Act—

4Gas Act 1986 (c. 44)

5Electricity Act 1989 (c. 29)

6Broadcasting Act 1990 (c. 42)

7Water Industry Act 1991 (c. 56)

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

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

10Railways Act 1993 (c. 43)

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

12In paragraph 13 of Schedule 6 to that Order—

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

14Postal Services Act 2000 (c. 26)

15Transport Act 2000 (c. 38)

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

16Telecommunications Act 1984 (c. 12)

17Gas Act 1986 (c. 44)

18Electricity Act 1989 (c. 29)

19Water Industry Act 1991 (c. 56)

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

21Railways Act 1993 (c. 43)

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

23Transport Act 2000 (c. 38)

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

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

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

SCHEDULE 10Procedural requirements for certain enforcement undertakings and orders

1Requirements for accepting undertakings and making orders

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

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

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

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

6Termination of undertakings and orders

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

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

9Power to dispense with the requirements of the Schedule

SCHEDULE 11The Competition Commission

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 12Competition Commission: certain procedural rules

SCHEDULE 13Listed Directives and Regulations

Part 1Directives and Regulations

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

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

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

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

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

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

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

7A. . . . . . . . . ....

7BDirective 98/6/ EC of the European Parliament and of the...

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

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

9ADirective 2002/65/ EC of the European Parliament and of the...

9BRegulation ( EC ) No. 261/2004 of the European Parliament...

9CDirective 2005/29/ EC of the European Parliament and of the...

Part 2Provisions of directives

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

11Articles 86 to 100 of the Directive 2001/83/ EC of...

SCHEDULE 14Specified functions

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

SCHEDULE 15Enactments conferring functions

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

SCHEDULE 16Schedule B1 to Insolvency Act 1986

SCHEDULE 17Administration: minor and consequential amendments

1General

2Magistrates’ Courts Act 1980 (c. 43)

3Companies Act 1985 (c. 6)

4. . . . . . . . . ....

5. . . . . . . . . ....

6. . . . . . . . . ....

7. . . . . . . . . ....

8. . . . . . . . . ....

9Insolvency Act 1986 (c. 45)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40Company Directors Disqualification Act 1986 (c. 46)

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

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

43Companies Act 1989 (c. 40)

44In section 158 (modification of insolvency law)—

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

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

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

48Coal Industry Act 1994 (c. 21)

49Employment Rights Act 1996 (c. 18)

50Housing Act 1996 (c. 52)

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

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

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

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

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

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

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

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

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

SCHEDULE 18Schedule 2A to Insolvency Act 1986

SCHEDULE 19Duration of bankruptcy: transitional provisions

1Introduction

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

3Neither old law nor new law to apply

4General rule for discharge from pre-commencement bankruptcy

5Second-time bankruptcy

6Criminal bankruptcy

7Income payments order

8Bankruptcy restrictions order or undertaking

SCHEDULE 20Schedule 4A to Insolvency Act 1986

SCHEDULE 21Effect of bankruptcy restrictions order and undertaking

1Disqualification for acting as receiver or manager

2Bankruptcy offences after discharge

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

4Disqualification for acting as insolvency practitioner

5Prohibition against involvement in company

SCHEDULE 22Individual voluntary arrangement

1Annulment of bankruptcy on making of voluntary arrangement

2Fast-track for making voluntary arrangement

3Role of official receiver

SCHEDULE 23Individual insolvency: minor and consequential amendments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SCHEDULE 24Transitional and transitory provisions and savings

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

2Pensions etc. of former Directors

3First financial year of the OFT

4First annual plan of the OFT

5Last annual report of the Director General of Fair Trading

6Effect of transfers under section 2

7First President and Registrar of the Competition Appeal Tribunal

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

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

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

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

12Tribunal rules

13Merger references

14Monopoly references

15Enforcement undertakings and orders

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

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

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

19Paragraphs 13 to 18: supplementary provision

20Designation orders under Schedule 4 to the 1998 Act

21Proceedings under Part 3 of the 1973 Act

22Supplementary

SCHEDULE 25Minor and consequential amendments

1Registered Designs Act 1949 (c. 88)

2Agricultural Marketing Act 1958 (c. 47)

3Public Records Act 1958 (c. 51)

4Superannuation Act 1972 (c. 11)

5Fair Trading Act 1973 (c. 41)

6Consumer Credit Act 1974 (c. 39)

7Restrictive Practices Court Act 1976 (c. 33)

8Patents Act 1977 (c. 37)

9Estate Agents Act 1979 (c. 38)

10Competition Act 1980 (c. 21)

11Civil Aviation Act 1982 (c. 16)

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

13Telecommunications Act 1984 (c. 12)

14Airports Act 1986 (c. 31)

15Gas Act 1986 (c. 44)

16Consumer Protection Act 1987 (c. 43)

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

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

19Water Act 1989 (c. 15)

20Electricity Act 1989 (c. 29)

21Companies Act 1989 (c. 40)

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

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

24Broadcasting Act 1990 (c. 42)

25Water Industry Act 1991 (c. 56)

26Water Resources Act 1991 (c. 57)

27Tribunals and Inquiries Act 1992 (c. 53)

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

29Osteopaths Act 1993 (c. 21)

30Railways Act 1993 (c. 43)

31Chiropractors Act 1994 (c. 17)

32Coal Industry Act 1994 (c. 21)

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

34Broadcasting Act 1996 (c. 55)

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

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

37Data Protection Act 1998 (c. 29)

38Competition Act 1998 (c. 41)

39Greater London Authority Act 1999 (c. 29)

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

41Terrorism Act 2000 (c. 11)

42Postal Services Act 2000 (c. 26)

43Utilities Act 2000 (c. 27)

44Transport Act 2000 (c. 38)

SCHEDULE 26Repeals and revocations

Enterprise Act 2002

2002 c. 40

F1An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.

[7th November 2002]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Amendments (Textual)

Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]