2003 No. 1376
The Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of her powers under sections 230(1) and (7) and 277 of the Enterprise Act 20021 hereby makes the following Order:
Citation and commencement1
This Order may be cited as the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003 and shall come into force on 20th June 2003.
Specified enactments2
The enactments and subordinate legislation contained in the Schedule to this Order are hereby specified for the purposes of section 230 of the Enterprise Act 2002 (notice to OFT of intended prosecution).
Revocation3
In the Package Travel, Package Holidays and Package Tours Regulations 19922 paragraph 2 of Schedule 3 (notice of intended prosecution) is revoked.
Transitional4
Where a local weights and measures authority has before the date when this Order comes into force given notice that it intends to institute proceedings for an offence, as required by section 161(2) of the Consumer Credit Act 19743, section 26(2) of the Estate Agents Act 19794, section 130 of the Fair Trading Act 19735, or paragraph 2 of Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 19926, then the provisions of the Act or Regulation in accordance with which the notice was given shall continue to apply in respect of the intended proceedings.
SCHEDULE
Enactments and Subordinate Legislation | Extent of Specification |
|---|---|
Accommodation Agencies Act 19537 | All offences under the Act |
Administration of Justice Act 19708 | Section 40 (unlawful harassment of debtors) |
Business Names Act 19859 | All offences under the Act |
Cancer Act 193910 | All offences under the Act |
Charities Act 199211 | Sections 60 (failure to comply with information requirements) and 63 (false statements in respect of fundraising) |
Children and Young Persons Act 193312 | Section 7 (sale of tobacco to persons under 16) |
Children and Young Persons (Protection from Tobacco) Act 199113 | Section 4 (offences in respect of display of warning statements) |
Companies Act 198514 | Sections 348, 349 and 351 (offences in respect of display of a company’s name outside place of business and of inclusion of name and other particulars in correspondence) |
Consumer Credit Act 197415 | All offences under the Act |
Consumer Protection Act 198716 | Offences under section 12 in respect of the Fireworks (Safety) Regulations 199717 and the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 200218 and all offences under Part III (misleading price indications) |
Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 198719 | All offences under the Regulations |
Consumer Protection (Distance Selling) Regulations 200020 | Regulation 24 (offences in respect of inertia selling) |
Copyright, Designs and Patents Act 198821 | Sections 107 (making or dealing with infringing articles, etc), 198 (making, dealing with or using illicit recordings) and 297A (making and dealing with unauthorised decoders)22 |
Estate Agents Act 197923 | All offences under the Act |
Fair Trading Act 197324 | Section 23 (contravention of an order of the Secretary of State following a report of the Advisory Committee) |
Fireworks (Safety) Regulations 199725 | Regulation 6 (prohibition on supply of fireworks to persons apparently under 18) |
Hallmarking Act 197326 | All offences under the Act |
Intoxicating Substances (Supply) Act 198527 | Section 1 (supply of intoxicating substances to persons under 18) |
Lotteries and Amusements Act 197628 | All offences under Part I and section 14 |
Malicious Communications Act 198829 | Section 1 (sending letters etc with intent to distress) |
Medicines (Advertising) Regulations 199430 | Regulation 23 (offences) |
Mock Auctions Act 196131 | All offences under the Act |
National Lottery etc Act 199332 | Sections 13 (contravention of regulations) and 16 (false representations) |
Package Travel, Package Holidays and Package Tours Regulations 199233 | All offences under the Regulations |
Prices Act 197434 | Offences under the Schedule in respect of contraventions of Orders made under section 4 (price marking) and under paras. 9, 12 and 13 of the Schedule (obstruction etc of officers, unlawful disclosure and offences by bodies corporate) |
Property Misdescriptions Act 199135 | All offences under the Act |
Protection from Harassment Act 199736 | Sections 2 (harassment) and 4 (putting people in fear of violence) |
Road Traffic Act 198837 | Sections 75 (vehicles not to be sold in unroadworthy condition etc) and 76 (fitting and supplying defective or unsuitable vehicle parts) |
Timeshare Act 199238 | All offences under the Act |
Tobacco Advertising and Promotion Act 200239 | All offences under the Act |
Trade Descriptions Act 196840 | All offences under the Act |
Trade Marks Act 199441 | Section 92 (unauthorised use of trade marks etc in relation to goods) |
Weights and Measures Act 198542 | Sections 22, 23, 25 (requirements to sell goods in particular quantities etc), 28 (short weight etc), 29 (misrepresentation), 30 (quantity less than stated), 31 (incorrect statements), 32 (offences due to default of third person), 50(5) and (6) (possession for sale, delivery etc of inadequate regulated package) |
(This note is not part of the Order)