Search Legislation

Enterprise Act 2002

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Enterprise Act 2002. 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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 1

SCHEDULE 1E+W+S+N.I.The Office of Fair Trading

This schedule has no associated Explanatory Notes

MembershipE+W+S+N.I.

1(1)The OFT shall consist of a chairman and no fewer than four other members, appointed by the Secretary of State.

(2)The Secretary of State shall consult the chairman before appointing any other member.

Terms of appointment, remuneration, pensions etc.E+W+S+N.I.

2(1)Subject to this Schedule, the chairman and other members shall hold and vacate office in accordance with the terms of their respective appointments.

(2)The terms of appointment of the chairman and other members shall be determined by the Secretary of State.

3(1)An appointment of a person to hold office as chairman or other member shall be for a term not exceeding five years.E+W+S+N.I.

(2)A person holding office as chairman or other member—

(a)may resign that office by giving notice in writing to the Secretary of State; and

(b)may be removed from office by the Secretary of State on the ground of incapacity or misbehaviour.

(3)A previous appointment as chairman or other member does not affect a person’s eligibility for appointment to either office.

4(1)The OFT shall pay to the chairman and other members such remuneration, and such travelling and other allowances, as may be determined by the Secretary of State.E+W+S+N.I.

(2)The OFT shall, if required to do so by the Secretary of State—

(a)pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who holds or has held office as chairman or other member; or

(b)make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3)If, where any person ceases to hold office as chairman or other member, the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the OFT shall pay to him such amount by way of compensation as the Secretary of State may determine.

StaffE+W+S+N.I.

5(1)The Secretary of State shall, after consulting the chairman, appoint a person (who may, subject to sub-paragraph (2), also be a member of the OFT) to act as chief executive of the OFT on such terms and conditions as the Secretary of State may think appropriate.

(2)A person appointed as chief executive after the end of the transitional period may not at the same time be chairman.

(3)In sub-paragraph (2) “the transitional period” means the period of two years beginning with the day on which this paragraph comes into force.

6The OFT may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such other staff as it may determine.

Membership of committees or sub-committees of OFTE+W+S+N.I.

7The members of a committee or sub-committee of the OFT may include persons who are not members of the OFT (and a sub-committee may include persons who are not members of the committee which established it).

Proceedings etc.E+W+S+N.I.

8(1)The OFT may regulate its own procedure (including quorum).

(2)The OFT shall consult the Secretary of State before making or revising its rules and procedures for dealing with conflicts of interest.

(3)The OFT shall from time to time publish a summary of its rules and procedures for dealing with conflicts of interest.

9The validity of anything done by the OFT is not affected by a vacancy among its members or by a defect in the appointment of a member.

10(1)The application of the seal of the OFT shall be authenticated by the signature of—E+W+S+N.I.

(a)any member; or

(b)some other person who has been authorised for that purpose by the OFT, whether generally or specially.

(2)Sub-paragraph (1) does not apply in relation to any document which is, or is to be, signed in accordance with the law of Scotland.

11A document purporting to be duly executed under the seal of the OFT, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Performance of functionsE+W+S+N.I.

12(1)Anything authorised or required to be done by the OFT (including exercising the power under this paragraph) may be done by—

(a)any member or employee of the OFT who is authorised for that purpose by the OFT, whether generally or specially;

(b)any committee of the OFT which has been so authorised.

(2)Sub-paragraph (1)(b) does not apply to a committee whose members include any person who is not a member or employee of the OFT.

Supplementary powersE+W+S+N.I.

13The OFT has power to do anything which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

Parliamentary Commissioner Act 1967 (c. 13)E+W+S+N.I.

14In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation), there is inserted at the appropriate place—

Office of Fair Trading.

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

15In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Office of Fair Trading.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

16In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there is inserted at the appropriate place—

The Office of Fair Trading.

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 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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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