Enterprise Act 2002

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Enterprise Act 2002

The Office of Fair Trading

The Competition Appeal Tribunal

Duty to make references in relation to completed mergers

Intervention by Secretary of State in certain public interest cases

Intervention by Secretary of State in special public interest cases

Initial undertakings: completed mergers

Merger notices

Power of OFT to make references

Public interest intervention by Secretary of State

Undertakings in lieu of market investigation references

Regulated markets

The Commission

Cartel offence

Powers of entry

Consumers

General restriction

Replacement of Part II of Insolvency Act 1986

Interpretation

The Office of Fair Trading

The Competition Appeal Tribunal

The Competition Service

Part 2

Part 3

Tribunal: procedure

Part 2

Proceedings under Part 1 of the 1998 Act

Enforcement regime for public interest and special public interest cases

Provision that may be contained in certain enforcement orders

Certain amendments of sectoral enactments

Part 2

Procedural requirements for certain enforcement undertakings and orders

The Competition Commission

Competition Commission: certain procedural rules

Listed Directives

Part 2

Specified functions

Enactments conferring functions

Administration: minor and consequential amendments

Duration of bankruptcy: transitional provisions

Effect of bankruptcy restrictions order and undertaking

Individual voluntary arrangement

Individual insolvency: minor and consequential amendments

Transitional and transitory provisions and savings

Minor and consequential amendments

Repeals and revocations

Enterprise Act 2002
2002 Chapter 40

© Crown Copyright 2002
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Enterprise Act 2002
2002 Chapter 40

CONTENTS

PART 1
THE OFFICE OF FAIR TRADING
Establishment of OFT
Section
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
MERGERS
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
SUPPLEMENTARY
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

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© Crown copyright 2002
Prepared 27 November 2002
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