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Royal ArmsEnterprise Act 2002

2002 Chapter 40


 

© Crown Copyright 2002

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The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Enterprise Act 2002, ISBN 0 10 544002 7.

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Enterprise Act 2002

2002 Chapter 40

 
 
 
CONTENTS

PART 1
THE OFFICE OF FAIR TRADING
Establishment of OFT
Section 
1The Office of Fair Trading
2The Director General of Fair Trading
3Annual plan
4Annual and other reports

General functions of OFT
5Acquisition of information etc.
6Provision of information etc. to the public
7Provision of information and advice to Ministers etc.
8Promoting good consumer practice

Miscellaneous
9Repeal of certain powers of direction
10Part 2 of the 1973 Act
11Super-complaints to OFT

PART 2
THE COMPETITION APPEAL TRIBUNAL
The Competition Appeal Tribunal
12The Competition Appeal Tribunal
13The Competition Service
14Constitution of Tribunal for particular proceedings and its decisions
15Tribunal rules
16Transfers of certain proceedings to and from Tribunal

Proceedings under Part 1 of 1998 Act
17Third party appeals
18Monetary claims
19Claims on behalf of consumers

Other amendments of 1998 Act
20Findings of infringements
21Amendment of 1998 Act relating to the Tribunal

PART 3
MERGERS
CHAPTER 1
DUTY TO MAKE REFERENCES
Duty to make references: completed mergers
22Duty to make references in relation to completed mergers
23Relevant merger situations
24Time-limits and prior notice
25Extension of time-limits
26Enterprises ceasing to be distinct enterprises
27Time when enterprises cease to be distinct
28Turnover test
29Obtaining control by stages
30Relevant customer benefits
31Information powers in relation to completed mergers
32Supplementary provision for purposes of sections 25 and 31

Duty to make references: anticipated mergers
33Duty to make references in relation to anticipated mergers
34Supplementary provision in relation to anticipated mergers

Determination of references
35Questions to be decided in relation to completed mergers
36Questions to be decided in relation to anticipated mergers
37Cancellation and variation of references under section 22 or 33
38Investigations and reports on references under section 22 or 33
39Time-limits for investigations and reports
40Section 39: supplementary
41Duty to remedy effects of completed or anticipated mergers

CHAPTER 2
PUBLIC INTEREST CASES
Power to make references
42Intervention by Secretary of State in certain public interest cases
43Intervention notices under section 42
44Investigation and report by OFT
45Power of Secretary of State to refer matter to Commission
46References under section 45: supplementary

Reports on references
47Questions to be decided on references under section 45
48Cases where references or certain questions need not be decided
49Variation of references under section 45
50Investigations and reports on references under section 45
51Time-limits for investigations and reports by Commission
52Section 51: supplementary
53Restrictions on action where public interest considerations not finalised

Decisions of the Secretary of State
54Decision of Secretary of State in public interest cases
55Enforcement action by Secretary of State

Other
56Competition cases where intervention on public interest grounds ceases
57Duties of OFT and Commission to inform Secretary of State
58Specified considerations

CHAPTER 3
OTHER SPECIAL CASES
Special public interest cases
59Intervention by Secretary of State in special public interest cases
60Special intervention notices under section 59
61Initial investigation and report by OFT
62Power of Secretary of State to refer the matter
63Questions to be decided on references under section 62
64Cancellation and variation of references under section 62
65Investigations and reports on references under section 62
66Decision and enforcement action by Secretary of State

European mergers
67Intervention to protect legitimate interests
68Scheme for protecting legitimate interests

Other
69Newspaper mergers
70Water mergers

CHAPTER 4
ENFORCEMENT
Powers exercisable before references under section 22 or 33
71Initial undertakings: completed mergers
72Initial enforcement orders: completed mergers
73Undertakings in lieu of references under section 22 or 33
74Effect of undertakings under section 73
75Order-making power where undertakings under section 73 not fulfilled etc.
76Supplementary interim order-making power

Interim restrictions and powers
77Restrictions on certain dealings: completed mergers
78Restrictions on certain share dealings: anticipated mergers
79Sections 77 and 78: further interpretation provisions
80Interim undertakings
81Interim orders

Final powers
82Final undertakings
83Order-making power where final undertakings not fulfilled
84Final orders

Public interest and special public interest cases
85Enforcement regime for public interest and special public interest cases

Undertakings and orders: general provisions
86Enforcement orders: general provisions
87Delegated power of directions
88Contents of certain enforcement orders
89Subject-matter of undertakings
90Procedural requirements for certain undertakings and orders
91Register of undertakings and orders

Enforcement functions of OFT
92Duty of OFT to monitor undertakings and orders
93Further role of OFT in relation to undertakings and orders

Other
94Rights to enforce undertakings and orders
95Rights to enforce statutory restrictions

CHAPTER 5
SUPPLEMENTARY
Merger notices
96Merger notices
97Period for considering merger notices
98Section 97: supplementary
99Certain functions of OFT and Secretary of State in relation to merger notices
100Exceptions to protection given by merger notices
101Merger notices: regulations
102Power to modify sections 97 to 101

General duties in relation to references
103Duty of expedition in relation to references
104Certain duties of relevant authorities to consult

Information and publicity requirements
105General information duties of OFT and Commission
106Advice and information about references under sections 22 and 33
107Further publicity requirements
108Defamation

Investigation powers
109Attendance of witnesses and production of documents etc.
110Enforcement of powers under section 109: general
111Penalties
112Penalties: main procedural requirements
113Payments and interest by instalments
114Appeals in relation to penalties
115Recovery of penalties
116Statement of policy
117False or misleading information

Reports
118Excisions from reports
119Minority reports of Commission

Miscellaneous
120Review of decisions under Part 3
121Fees
122Primacy of Community law
123Power to alter share of supply test

Other
124Orders and regulations under Part 3
125Offences by bodies corporate
126Service of documents
127Associated persons
128Supply of services and market for services etc.
129Other interpretation provisions
130Index of defined expressions

PART 4
MARKET INVESTIGATIONS
CHAPTER 1
MARKET INVESTIGATION REFERENCES
Making of references
131Power of OFT to make references
132Ministerial power to make references
133Contents of references

Determination of references
134Questions to be decided on market investigation references
135Variation of market investigation references
136Investigations and reports on market investigation references
137Time-limits for market investigations and reports
138Duty to remedy adverse effects

CHAPTER 2
PUBLIC INTEREST CASES
Intervention notices
139Public interest intervention by Secretary of State

Intervention notices under section 139(1)
140Intervention notices under section 139(1)
141Questions to be decided by Commission
142Investigations and reports by Commission
143Publication etc. of reports of Commission
144Time-limits for investigations and reports: Part 4
145Restrictions where public interest considerations not finalised: Part 4
146Decision of Secretary of State
147Remedial action by Secretary of State
148Reversion of the matter to the Commission

Intervention notices under section 139(2)
149Intervention notices under section 139(2)
150Power of veto of Secretary of State

Other
151Further interaction of intervention notices with general procedure
152Certain duties of OFT and Commission
153Specified considerations: Part 4

CHAPTER 3
ENFORCEMENT
Undertakings and orders
154Undertakings in lieu of market investigation references
155Undertakings in lieu: procedural requirements
156Effect of undertakings under section 154
157Interim undertakings: Part 4
158Interim orders: Part 4
159Final undertakings: Part 4
160Order-making power where final undertakings not fulfilled: Part 4
161Final orders: Part 4

Enforcement functions of OFT
162Duty of OFT to monitor undertakings and orders: Part 4
163Further role of OFT in relation to undertakings and orders: Part 4

Supplementary
164Enforcement undertakings and orders under this Part: general provisions
165Procedural requirements for certain undertakings and orders: Part 4
166Register of undertakings and orders: Part 4
167Rights to enforce undertakings and orders under this Part

CHAPTER 4
SUPPLEMENTARY
Regulated markets
168Regulated markets

Consultation, information and publicity
169Certain duties of relevant authorities to consult: Part 4
170General information duties
171Advice and information: Part 4
172Further publicity requirements: Part 4
173Defamation: Part 4

Investigation powers
174Investigation powers of OFT
175Enforcement of powers under section 174: offences
176Investigation powers of the Commission

Reports
177Excisions from reports: Part 4
178Minority reports of Commission: Part 4

Other
179Review of decisions under Part 4
180Offences
181Orders under Part 4
182Service of documents: Part 4
183Interpretation: Part 4
184Index of defined expressions: Part 4

PART 5
THE COMPETITION COMMISSION
185The Commission
186Annual report of Commission
187Commission rules of procedure

PART 6
CARTEL OFFENCE
Cartel offence
188Cartel offence
189Cartel offence: supplementary
190Cartel offence: penalty and prosecution
191Extradition

Criminal investigations by OFT
192Investigation of offences under section 188
193Powers when conducting an investigation
194Power to enter premises under a warrant
195Exercise of powers by authorised person
196Privileged information etc.
197Restriction on use of statements in court
198Use of statements obtained under Competition Act 1998
199Surveillance powers
200Authorisation of action in respect of property
201Offences
202Interpretation of sections 192 to 201

PART 7
MISCELLANEOUS COMPETITION PROVISIONS
Powers of entry under 1998 Act
203Powers of entry

Directors disqualification
204Disqualification

Miscellaneous
205Super-complaints to regulators other than OFT
206Power to modify Schedule 8
207Repeal of Schedule 4 to the 1998 Act
208Repeal of Part 6 of Fair Trading Act 1973
209Reform of Community competition law

PART 8
ENFORCEMENT OF CERTAIN CONSUMER LEGISLATION
Introduction
210Consumers
211Domestic infringements
212Community infringements
213Enforcers

Enforcement procedure
214Consultation
215Applications
216Applications: directions by OFT
217Enforcement orders
218Interim enforcement order
219Undertakings
220Further proceedings
221Community infringements: proceedings
222Bodies corporate: accessories
223Bodies corporate: orders

Information
224OFT
225Other enforcers
226Notices: procedure
227Notices: enforcement

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

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

Crown
236Crown

PART 9
INFORMATION
Restrictions on disclosure
237General restriction
238Information

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

Offences
245Offences

General
246Subordinate legislation
247Repeals

PART 10
INSOLVENCY
Companies etc.
248Replacement of Part II of Insolvency Act 1986
249Special administration regimes
250Prohibition of appointment of administrative receiver
251Abolition of Crown preference
252Unsecured creditors
253Liquidator's powers
254Application of insolvency law to foreign company
255Application of law about company arrangement or administration to non-company

Individuals
256Duration of bankruptcy
257Post-discharge restrictions
258Investigation by official receiver
259Income payments order
260Income payments agreement
261Bankrupt's home
262Powers of trustee in bankruptcy
263Repeal of certain bankruptcy offences
264Individual voluntary arrangement
265Disqualification from office: justice of the peace
266Disqualification from office: Parliament
267Disqualification from office: local government
268Disqualification from office: general
269Minor and consequential amendments

Money
270Fees
271Insolvency Services Account: interest
272Insolvency Services Accounts

PART 11
SUPPLEMENTARY
273Interpretation
274Provision of financial assistance for consumer purposes
275Financial provision
276Transitional or transitory provision and savings
277Power to make consequential amendments etc.
278Minor and consequential amendments and repeals
279Commencement
280Extent
281Short 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
 


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© Crown copyright 2002
Prepared 27 November 2002

Enterprise Act 2002 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
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