The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

Part 9 of the Enterprise Act 2002 (“the Act”) restricts the disclosure of specified information which relates to the affairs of an individual or any business of an undertaking. Specified information, defined by section 238 of the Act, includes information which comes to a public authority in connection with the exercise of any function it has under an enactment specified in Schedule 14 or subordinate legislation specified for the purposes of section 238(1) by order of the Secretary of State. Section 241(3) of the Act provides that a public authority may disclose specified information which is restricted by Part 9 of the Act to another person, for the purposes of facilitating the exercise of functions the person has including functions under an enactment specified in Schedule 15.

Article 2 adds the Compensation Act 2006 to the enactments listed in Schedules 14 and 15 to the Act. It adds the Wireless Telegraphy Act 2006 to those enactments listed in Schedule 15. Article 3 specifies the Unfair Terms in Consumer Contracts Regulations 1999 (“the Regulations”) for the purposes of section 238(1) of the Act. The Regulations are already specified for the purposes of section 241(3) of the Act under the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 (S.I. 2003/1400).

A full impact assessment has not been prepared for this instrument as it has no impact on the costs of business.