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Enterprise Act 2002

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Enterprise Act 2002 List of acts
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CONTENTS

Part 1

THE 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 2

THE 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 3

MERGERSMergers

Chapter 1

DUTY 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

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 2

PUBLIC 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
45. Power of Secretary of State to refer matter to Commission
46. References under section 45: supplementary

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

Chapter 3

OTHER SPECIAL CASES

Special public interest cases

59. Intervention by Secretary of State in special public interest cases
60. Special intervention notices under section 59
61. Initial investigation and report by OFT
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

Other

69. Newspaper mergers
70. Water mergers

Chapter 4

ENFORCEMENT

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 5

SUPPLEMENTARY

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

Information and publicity requirements

105. General information duties of OFT and Commission
106. Advice and information about references under sections 22 and 33
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

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 4

MARKET INVESTIGATIONS

Chapter 1

MARKET 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 2

PUBLIC 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 3

ENFORCEMENT

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 4

SUPPLEMENTARY

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 5

THE COMPETITION COMMISSION

185. The Commission
186. Annual report of Commission
187. Commission rules of procedure

Part 6

CARTEL 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 7

MISCELLANEOUS 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 8

ENFORCEMENT  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
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

Miscellaneous

228. Evidence
229. Advice and information
230. Notice to OFT of intended prosecution
231. Notice of convictions and judgments to OFT

Interpretation

232. Goods and services
233. Person supplying goods
234. Supply of services
235. Injunctions Directive

Crown

236. Crown

Part 9

INFORMATION

Restrictions on disclosure

237. General restriction
238. Information

Permitted disclosure

239. Consent
240. Community obligations
241. Statutory functions
242. Criminal proceedings
243. Overseas disclosures
244. Specified information: considerations relevant to disclosure

Offences

245. Offences

General

246. Subordinate legislation
247. Repeals

Part 10

INSOLVENCY

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 11

SUPPLEMENTARYpplementary

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
279. Commencement
280. Extent
281. Short title

Schedule 1: The Office of Fair Trading

Schedule 2: The Competition Appeal Tribunal

Schedule 3: The Competition Service

Part 1: Constitution etc.

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

Part 3: Miscellaneous

Schedule 4: Tribunal: procedure

Part 1: General

Part 2: Tribunal rules

Schedule 5: Proceedings under Part 1 of the 1998 Act

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

Schedule 7: Enforcement regime for public interest and special public interest cases

Schedule 8: Provision that may be contained in certain enforcement orders

Schedule 9: Certain amendments of sectoral enactments

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

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

Schedule 10: Procedural requirements for certain enforcement undertakings and orders

Schedule 11: The Competition Commission

Schedule 12: Competition Commission: certain procedural rules

Schedule 13: Listed Directives

Part 1: Directives

Part 2: Provisions of directives

Schedule 14: Specified functions

Schedule 15: Enactments conferring functions

Schedule 16: Schedule B1 to Insolvency Act 1986

Schedule 17: Administration: minor and consequential amendments

Schedule 18: Schedule 2A to Insolvency Act 1986

Schedule 19: Duration of bankruptcy: transitional provisions

Schedule 20: Schedule 4A to Insolvency Act 1986

Schedule 21: Effect of bankruptcy restrictions order and undertaking

Schedule 22: Individual voluntary arrangement

Schedule 23: Individual insolvency: minor and consequential amendments

Schedule 24: Transitional and transitory provisions and savings

Schedule 25: Minor and consequential amendments

Schedule 26: Repeals and revocations

 

Part 1
 
THE OFFICE OF FAIR TRADING
 
Establishment of OFT
 
1 The Office of Fair Trading

(1) There shall be a body corporate to be known as the Office of Fair Trading (in this Act referred to as “the OFT”).

(2) The functions of the OFT are carried out on behalf of the Crown.

(3) Schedule 1 (which makes further provision about the OFT) has effect.

(4) In managing its affairs the OFT shall have regard, in addition to any relevant general guidance as to the governance of public bodies, to such generally accepted principles of good corporate governance as it is reasonable to regard as applicable to the OFT.

2 The Director General of Fair Trading

(1) The functions of the Director General of Fair Trading (in this Act referred to as “the Director”), and his property, rights and liabilities, are transferred to the OFT.

(2) The office of the Director is abolished.

(3) Any enactment, instrument or other document passed or made before the commencement of subsection (1) which refers to the Director shall have effect, so far as necessary for the purposes of or in consequence of anything being transferred, as if any reference to the Director were a reference to the OFT.

3 Annual plan

(1) The OFT shall, before each financial year, publish a document (the “annual plan”) containing a statement of its main objectives and priorities for the year.

(2) The OFT shall for the purposes of public consultation publish a document containing proposals for its annual plan at least two months before publishing the annual plan for any year.

(3) The OFT shall lay before Parliament a copy of each document published under subsection (2) and each annual plan.

4 Annual and other reports

(1) The OFT shall, as soon as practicable after the end of each financial year, make to the Secretary of State a report (the “annual report”) on its activities and performance during that year.

(2) The annual report for each year shall include—

(a) a general survey of developments in respect of matters relating to the OFT’s functions;

(b) an assessment of the extent to which the OFT’s main objectives and priorities for the year (as set out in the annual plan) have been met;

(c) a summary of the significant decisions, investigations or other activities made or carried out by the OFT during the year;

(d) a summary of the allocation of the OFT’s financial resources to its various activities during the year; and

(e) an assessment of the OFT’s performance and practices in relation to its enforcement functions.

(3) The OFT shall lay a copy of each annual report before Parliament and arrange for the report to be published.

(4) The OFT may—

(a) prepare other reports in respect of matters relating to any of its functions; and

(b) arrange for any such report to be published.

General functions of OFT
 
5 Acquisition of information etc.

(1) The OFT has the function of obtaining, compiling and keeping under review information about matters relating to the carrying out of its functions.

(2) That function is to be carried out with a view to (among other things) ensuring that the OFT has sufficient information to take informed decisions and to carry out its other functions effectively.

(3) In carrying out that function the OFT may carry out, commission or support (financially or otherwise) research.

6 Provision of information etc. to the public

(1) The OFT has the function of—

(a) making the public aware of the ways in which competition may benefit consumers in, and the economy of, the United Kingdom; and

(b) giving information or advice in respect of matters relating to any of its functions to the public.

(2) In carrying out those functions the OFT may—

(a) publish educational materials or carry out other educational activities; or

(b) support (financially or otherwise) the carrying out by others of such activities or the provision by others of information or advice.

7 Provision of information and advice to Ministers etc.

(1) The OFT has the function of—

(a) making proposals, or

(b) giving other information or advice,

on matters relating to any of its functions to any Minister of the Crown or other public authority (including proposals, information or advice as to any aspect of the law or a proposed change in the law).

(2) A Minister of the Crown may request the OFT to make proposals or give other information or advice on any matter relating to any of its functions; and the OFT shall, so far as is reasonably practicable and consistent with its other functions, comply with the request.

8 Promoting good consumer practice

(1) The OFT has the function of promoting good practice in the carrying out of activities which may affect the economic interests of consumers in the United Kingdom.

(2) In carrying out that function the OFT may (without prejudice to the generality of subsection (1)) make arrangements for approving consumer codes and may, in accordance with the arrangements, give its approval to or withdraw its approval from any consumer code.

(3) Any such arrangements must specify the criteria to be applied by the OFT in determining whether to give approval to or withdraw approval from a consumer code.

(4) Any such arrangements may in particular—

(a) specify descriptions of consumer code which may be the subject of an application to the OFT for approval (and any such description may be framed by reference to any feature of a consumer code, including the persons who are, or are to be, subject to the code, the manner in which it is, or is to be, operated and the persons responsible for its operation); and

(b) provide for the use in accordance with the arrangements of an official symbol intended to signify that a consumer code is approved by the OFT.

(5) The OFT shall publish any arrangements under subsection (2) in such manner it considers appropriate.

(6) In this section “consumer code” means a code of practice or other document (however described) intended, with a view to safeguarding or promoting the interests of consumers, to regulate by any means the conduct of persons engaged in the supply of goods or services to consumers (or the conduct of their employees or representatives).

Miscellaneous
 
9 Repeal of certain powers of direction

Section 12 of the Fair Trading Act 1973 (c. 41) (in this Act referred to as “the 1973 Act”) and section 13 of the Competition Act 1980 (c. 21) (powers of Secretary of State to give directions) shall cease to have effect.

10 Part 2 of the 1973 Act

(1) The following provisions of the 1973 Act shall cease to have effect—

(a) section 3 and Schedule 2 (which establish, and make provision with respect to, the Consumer Protection Advisory Committee);

(b) sections 13 to 21 (which relate to references made to, and reports of, that Committee); and

(c) section 22 (power of Secretary of State to make orders in pursuance of a report of that Committee).

(2) But subsection (1)(c) does not affect—

(a) any order under section 22 of the 1973 Act which is in force immediately before the commencement of this section;

(b) the continued operation of that section so far as applying to the revocation of any such order.

(3) If the orders saved by subsection (2)(a) have been revoked, the Secretary of State may by order—

(a) repeal any unrepealed provision of Part 2 of the 1973 Act and subsection (2) above; and

(b) make such other consequential modifications of any Act or subordinate legislation (whenever passed or made) as he thinks fit. 

(4) An order under subsection (3)—

(a) may make transitional or saving provision in connection with any modification made by the order; and

(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

 
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