http://www.legislation.gov.uk/ukpga/2002/40/contentsEnterprise Act 2002An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.texttext/xmlenStatute Law Database2011-05-272008-04-06 Pt. 3art. 40Enterprise Act 2002The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008s. 10(2)Sch. 2 para. 69 Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008s. 58(2D)art. 2Enterprise Act 2002The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008s. 129(1)art. 3(1)Enterprise Act 2002The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008s. 130art. 3(2)Enterprise Act 2002The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008s. 218Areg. 27Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008s. 255(2)(c)Sch. 1 para. 225Enterprise Act 2002The Companies Act 2006 (Consequential Amendments etc) Order 2008Sch. 8 para. 20Bart. 4Enterprise Act 2002The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008Sch. 13 para. 1Sch. 2 para. 70(a) Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 13 para. 7ASch. 2 para. 70(b) Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 13 para. 9Creg. 26Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 13 para. 11Sch. 2 para. 70(c)Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 14Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 25 para. 16Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008Sch. 25 para. 17Sch. 4 Pt. 1Enterprise Act 2002The Consumer Protection from Unfair Trading Regulations 2008specified amended provision(s)art. 3commencement order for 2006 c. 14. This SI is amended by SI 2008/2444Enterprise Act 2002The Consumer Credit Act 2006 (Commencement No. 4 and Transitional Provisions) Order 2008specified amended provision(s)art. 2commencement order for 2007 c. 15Enterprise Act 2002The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008specified amended provision(s)art. 2 Sch.commencement order for 2007 c. 17Enterprise Act 2002The Consumers, Estate Agents and Redress Act 2007 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008specified amended provision(s)art. 2 5 6commencement order for 2007 c. 15Enterprise Act 2002The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 6 and Transitional Provisions) Order 2008specified amended provision(s)art. 3 4 Sch. 1commencement order for 2006 c. 46. This SI is amended by SI 2009/1802, SI 2009/1941 and SI 2009/2476Enterprise Act 2002The Companies Act 2006 (Commencement No. 8, Transitional Provisions and Savings) Order 2008Blanket amendmentart. 3 4Enterprise Act 2002The Treaty of Lisbon (Changes in Terminology) Order 2011Blanket amendmentart. 3 6Enterprise Act 2002The Treaty of Lisbon (Changes in Terminology) Order 2011s. 120(6)-(8)Sch. 1 para. 14Enterprise Act 2002The Gas and Electricity (Internal Markets) Regulations (Northern Ireland) 2011s. 168(3)(l)Sch. 12 para. 164(2)(a)Enterprise Act 2002Postal Services Act 2011s. 168(3)(o)Sch. 12 para. 164(2)(b)Enterprise Act 2002Postal Services Act 2011s. 168(4)(n)Sch. 12 para. 164(3)(a)Enterprise Act 2002Postal Services Act 2011s. 168(4)(q)Sch. 12 para. 164(3)(b)Enterprise Act 2002Postal Services Act 2011s. 168(5)(h)Sch. 12 para. 164(4)Enterprise Act 2002Postal Services Act 2011s. 213(5A)(j)reg. 16(a)Enterprise Act 2002The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011s. 248s. 84(a)Enterprise Act 2002Postal Services Act 2011s. 254s. 84(b)Enterprise Act 2002Postal Services Act 2011s. 277s. 84(a)Enterprise Act 2002Postal Services Act 2011Sch. 9 para. 14Sch. 12 para. 165Enterprise Act 2002Postal Services Act 2011Sch. 13 para. 12reg. 16(b)Enterprise Act 2002The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011Sch. 15Sch. 12 para. 166Enterprise Act 2002Postal Services Act 2011Sch. 15Sch. 3 para. 6Enterprise Act 2002The Airport Charges Regulations 2011Sch. 25 para. 42Sch. 12 para. 167Enterprise Act 2002Postal Services Act 2011Pt. 9reg. 107Enterprise Act 2002The Payment Services Regulations 2009Pt. 9reg. 119(3)Enterprise Act 2002The Payment Services Regulations 2009s. 14reg. 106Enterprise Act 2002The Payment Services Regulations 2009s. 15reg. 106Enterprise Act 2002The Payment Services Regulations 2009s. 79(9)Sch. 1 para. 199(2)(a)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009s. 79(9)Sch. 1 para. 199(2)(b)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009s. 129(1)Sch. 1 para. 199(3)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009s. 223(5)Sch. 1 para. 199(4)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009Sch. 8 para. 13(3)(g)Sch. 1 para. 199(5)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009Sch. 13 para. 9Dreg. 48Enterprise Act 2002The Provision of Services Regulations 2009Sch. 15Sch. 1 para. 199(6)Enterprise Act 2002The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009specified amended provision(s)art. 2commencement order for 2005 c. 4Enterprise Act 2002The Constitutional Reform Act 2005 (Commencement No. 11) Order 2009specified amended provision(s)art. 2commencement order for 2007 c. 29Enterprise Act 2002The Legal Services Act 2007 (Commencement No. 6, Transitory, Transitional and Saving Provisions) Order 2009specified amended provision(s)art. 2commencement order for 2008 c. 26Enterprise Act 2002The Local Transport Act 2008 (Commencement No. 2) (Wales) Order 2009Gorchymyn Deddf Trafnidiaeth Leol 2008 (Cychwyn Rhif 2) (Cymru) 2009specified provision(s)art. 2-5 Sch. 1-5commencement order for 2008 c. 26Enterprise Act 2002The Local Transport Act 2008 (Commencement No. 1 and Transitional Provisions) Order 2009s. 249(1)(a)(aa)Sch. 5 para. 6(3)Enterprise Act 2002Flood and Water Management Act 2010s. 255(3)Sch. 2 para. 119Enterprise Act 2002The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 13 para. 3reg. 46(a)Enterprise Act 2002The Consumer Credit (EU Directive) Regulations 2010Sch. 13 para. 6Sch. 6 para. 3(2)(a) Sch. 8 Pt. 1Enterprise Act 2002The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010Sch. 13 para. 9Dreg. 46(b)Enterprise Act 2002The Consumer Credit (EU Directive) Regulations 2010Sch. 13 para. 9ESch. 6 para. 3(2)(b)Enterprise Act 2002The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010Sch. 14Sch. 6 para. 3(3) Sch. 8 Pt. 1Enterprise Act 2002The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010Sch. 15Sch. 6 para. 3(4) Sch. 8 Pt. 1Enterprise Act 2002The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010s. 136Sch. 2 para. 19(u)Enterprise Act 2002Railways and Transport Safety Act 2003s. 168Sch. 2 para. 19(u)Enterprise Act 2002Railways and Transport Safety Act 2003specified provision(s)art. 2 3commencement order for 2002 c. 40Enterprise Act 2002The Enterprise Act 2002 (Commencement No. 5 and Amendment) Order 2003 Enterprise Act 2002Part 1The Office of Fair TradingEstablishment of OFT1 The Office of Fair Trading2 The Director General of Fair Trading3 Annual plan4 Annual and other reportsGeneral functions of OFT5 Acquisition of information etc.6 Provision of information etc. to the public7 Provision of information and advice to Ministers etc.8 Promoting good consumer practiceMiscellaneous9 Repeal of certain powers of direction10 Part 2 of the 1973 Act11 Super-complaints to OFTPart 2The Competition Appeal TribunalThe Competition Appeal Tribunal12 The Competition Appeal Tribunal13 The Competition Service14 Constitution of Tribunal for particular proceedings and its decisions15 Tribunal rules16 Transfers of certain proceedings to and from TribunalProceedings under Part 1 of 1998 Act17 Third party appeals18 Monetary claims19 Claims on behalf of consumersOther amendments of 1998 Act20 Findings of infringements21 Amendment of 1998 Act relating to the TribunalPart 3MergersChapter 1Duty to make referencesDuty to make references: completed mergers22 Duty to make references in relation to completed mergers23 Relevant merger situations24 Time-limits and prior notice25 Extension of time-limits26 Enterprises ceasing to be distinct enterprises27 Time when enterprises cease to be distinct28 Turnover test29 Obtaining control by stages30 Relevant customer benefits31 Information powers in relation to completed mergers32 Supplementary provision for purposes of sections 25 and 31Duty to make references: anticipated mergers33 Duty to make references in relation to anticipated mergers34 Supplementary provision in relation to anticipated mergersCases referred by European Commission under EC Merger Regulation34A Duty of OFT where case referred by the European Commission34B Power to request information in referred casesDetermination of references35 Questions to be decided in relation to completed mergers36 Questions to be decided in relation to anticipated mergers37 Cancellation and variation of references under section 22 or 3338 Investigations and reports on references under section 22 or 3339 Time-limits for investigations and reports40 Section 39: supplementary41 Duty to remedy effects of completed or anticipated mergersChapter 2Public interest casesPower to make references42 Intervention by Secretary of State in certain public interest cases43 Intervention notices under section 4244 Investigation and report by OFT44AAdditional investigation and report by OFCOM: media mergers45 Power of Secretary of State to refer matter to Commission46 References under section 45: supplementaryCases referred by European Commission under the EC Merger Regulation46A Cases referred by the European Commission where intervention notice is in force46B Extension of preliminary assessment period46C Power to request information in referred casesReports on references47 Questions to be decided on references under section 4548 Cases where references or certain questions need not be decided49 Variation of references under section 4550 Investigations and reports on references under section 4551 Time-limits for investigations and reports by Commission52 Section 51: supplementary53 Restrictions on action where public interest considerations not finalisedDecisions of the Secretary of State54 Decision of Secretary of State in public interest cases55 Enforcement action by Secretary of StateOther56 Competition cases where intervention on public interest grounds ceases57 Duties of OFT and Commission to inform Secretary of State58 Specified considerations58AConstruction of consideration specified in section 58(2C)Chapter 3Other special casesSpecial public interest cases59 Intervention by Secretary of State in special public interest cases59AConstruction of conditions in section 59(3C) and (3D)60 Special intervention notices under section 5961 Initial investigation and report by OFT61AAdditional investigation and report by OFCOM: certain media mergers62 Power of Secretary of State to refer the matter63 Questions to be decided on references under section 6264 Cancellation and variation of references under section 6265 Investigations and reports on references under section 6266 Decision and enforcement action by Secretary of StateEuropean mergers67 Intervention to protect legitimate interests68 Scheme for protecting legitimate interestsOther69 Newspaper mergers70 Water mergersChapter 4EnforcementPowers exercisable before references under section 22 or 3371 Initial undertakings: completed mergers72 Initial enforcement orders: completed mergers73 Undertakings in lieu of references under section 22 or 3374 Effect of undertakings under section 7375 Order-making power where undertakings under section 73 not fulfilled etc.76 Supplementary interim order-making powerInterim restrictions and powers77 Restrictions on certain dealings: completed mergers78 Restrictions on certain share dealings: anticipated mergers79 Sections 77 and 78: further interpretation provisions80 Interim undertakings81 Interim ordersFinal powers82 Final undertakings83 Order-making power where final undertakings not fulfilled84 Final ordersPublic interest and special public interest cases85 Enforcement regime for public interest and special public interest casesUndertakings and orders: general provisions86 Enforcement orders: general provisions87 Delegated power of directions88 Contents of certain enforcement orders89 Subject-matter of undertakings90 Procedural requirements for certain undertakings and orders91 Register of undertakings and ordersEnforcement functions of OFT92 Duty of OFT to monitor undertakings and orders93 Further role of OFT in relation to undertakings and ordersOther94 Rights to enforce undertakings and orders95 Rights to enforce statutory restrictionsChapter 5SupplementaryMerger notices96 Merger notices97 Period for considering merger notices98 Section 97: supplementary99 Certain functions of OFT and Secretary of State in relation to merger notices100 Exceptions to protection given by merger notices101 Merger notices: regulations102 Power to modify sections 97 to 101General duties in relation to references103 Duty of expedition in relation to references104 Certain duties of relevant authorities to consult104APublic consultation in relation to media mergersInformation and publicity requirements105 General information duties of OFT and Commission106 Advice and information about references under sections 22 and 33106AAdvice and information in relation to media mergers106BGeneral advisory functions of OFCOM107 Further publicity requirements108 DefamationInvestigation powers109 Attendance of witnesses and production of documents etc.110 Enforcement of powers under section 109: general111 Penalties112 Penalties: main procedural requirements113 Payments and interest by instalments114 Appeals in relation to penalties115 Recovery of penalties116 Statement of policy117 False or misleading informationReports118 Excisions from reports119 Minority reports of CommissionFurther provision about media mergers119AOther general functions of OFCOM in relation to this Part119BMonitoring role for OFT in relation to media mergersMiscellaneous120 Review of decisions under Part 3121 Fees122 Primacy of Community law123 Power to alter share of supply testOther124 Orders and regulations under Part 3125 Offences by bodies corporate126 Service of documents127 Associated persons128 Supply of services and market for services etc.129 Other interpretation provisions130 Index of defined expressionsPart 4Market InvestigationsChapter 1Market investigation referencesMaking of references131 Power of OFT to make references132 Ministerial power to make references133 Contents of referencesDetermination of references134 Questions to be decided on market investigation references135 Variation of market investigation references136 Investigations and reports on market investigation references137 Time-limits for market investigations and reports138 Duty to remedy adverse effectsChapter 2Public interest casesIntervention notices139 Public interest intervention by Secretary of StateIntervention notices under section 139(1)140 Intervention notices under section 139(1)141 Questions to be decided by Commission142 Investigations and reports by Commission143 Publication etc. of reports of Commission144 Time-limits for investigations and reports: Part 4145 Restrictions where public interest considerations not finalised: Part 4146 Decision of Secretary of State147 Remedial action by Secretary of State148 Reversion of the matter to the CommissionIntervention notices under section 139(2)149 Intervention notices under section 139(2)150 Power of veto of Secretary of StateOther151 Further interaction of intervention notices with general procedure152 Certain duties of OFT and Commission153 Specified considerations: Part 4Chapter 3EnforcementUndertakings and orders154 Undertakings in lieu of market investigation references155 Undertakings in lieu: procedural requirements156 Effect of undertakings under section 154157 Interim undertakings: Part 4158 Interim orders: Part 4159 Final undertakings: Part 4160 Order-making power where final undertakings not fulfilled: Part 4161 Final orders: Part 4Enforcement functions of OFT162 Duty of OFT to monitor undertakings and orders: Part 4163 Further role of OFT in relation to undertakings and orders: Part 4Supplementary164 Enforcement undertakings and orders under this Part: general provisions165 Procedural requirements for certain undertakings and orders: Part 4166 Register of undertakings and orders: Part 4167 Rights to enforce undertakings and orders under this PartChapter 4SupplementaryRegulated markets168 Regulated marketsConsultation, information and publicity169 Certain duties of relevant authorities to consult: Part 4170 General information duties171 Advice and information: Part 4172 Further publicity requirements: Part 4173 Defamation: Part 4Investigation powers174 Investigation powers of OFT175 Enforcement of powers under section 174: offences176 Investigation powers of the CommissionReports177 Excisions from reports: Part 4178 Minority reports of Commission: Part 4Other179 Review of decisions under Part 4180 Offences181 Orders under Part 4182 Service of documents: Part 4183 Interpretation: Part 4184 Index of defined expressions: Part 4Part 5The Competition Commission185 The Commission186 Annual report of Commission187 Commission rules of procedurePart 6Cartel offenceCartel offence188 Cartel offence189 Cartel offence: supplementary190 Cartel offence: penalty and prosecution191 ExtraditionCriminal investigations by OFT192 Investigation of offences under section 188193 Powers when conducting an investigation194 Power to enter premises under a warrant195 Exercise of powers by authorised person196 Privileged information etc.197 Restriction on use of statements in court198 Use of statements obtained under Competition Act 1998199 Surveillance powers200 Authorisation of action in respect of property201 Offences202 Interpretation of sections 192 to 201Part 7Miscellaneous Competition ProvisionsPowers of entry under 1998 Act203 Powers of entryDirectors disqualification204 DisqualificationMiscellaneous205 Super-complaints to regulators other than OFT206 Power to modify Schedule 8207 Repeal of Schedule 4 to the 1998 Act208 Repeal of Part 6 of Fair Trading Act 1973209 Reform of Community competition lawPart 8Enforcement of certain consumer legislationIntroduction210 Consumers211 Domestic infringements212 Community infringements213 EnforcersEnforcement procedure214 Consultation215 Applications216 Applications: directions by OFT217 Enforcement orders218 Interim enforcement order219 Undertakings220 Further proceedings221 Community infringements: proceedings222 Bodies corporate: accessories223 Bodies corporate: ordersInformation224 OFT225 Other enforcers226 Notices: procedure227 Notices: enforcement227APower to enter premises without warrant227BPowers exercisable on the premises227CPower to enter premises with warrant227DAncillary provisions about powers of entry227EObstructing, or failing to co-operate with, powers of entry227FRetention of documents and goodsMiscellaneous228 Evidence229 Advice and information230 Notice to OFT of intended prosecution231 Notice of convictions and judgments to OFTInterpretation 232 Goods and services233 Person supplying goods234 Supply of services235 Injunctions Directive235ACPC Regulation235BDual enforcersCrown236 CrownPart 9 InformationRestrictions on disclosure237 General restriction238 InformationPermitted disclosure239 Consent240 Community obligations241 Statutory functions241ACivil proceedings242 Criminal proceedings243 Overseas disclosures244 Specified information: considerations relevant to disclosureOffences245 OffencesGeneral246 Subordinate legislation247RepealsPart 10InsolvencyCompanies etc.248 Replacement of Part II of Insolvency Act 1986249 Special administration regimes250 Prohibition of appointment of administrative receiver251 Abolition of Crown preference252 Unsecured creditors253 Liquidator’s powers254 Application of insolvency law to foreign company255 Application of law about company arrangement or administration to non-companyIndividuals256 Duration of bankruptcy257 Post-discharge restrictions258 Investigation by official receiver259 Income payments order260 Income payments agreement261 Bankrupt’s home262 Powers of trustee in bankruptcy263 Repeal of certain bankruptcy offences264 Individual voluntary arrangement265 Disqualification from office: justice of the peace266 Disqualification from office: Parliament267 Disqualification from office: local government268 Disqualification from office: general269 Minor and consequential amendmentsMoney270 Fees271 Insolvency Services Account: interest272 Insolvency Services AccountsPart 11Supplementary273 Interpretation274 Provision of financial assistance for consumer purposes275 Financial provision276 Transitional or transitory provision and savings277 Power to make consequential amendments etc.278 Minor and consequential amendments and repeals279 Commencement280 Extent281 Short title SCHEDULESSCHEDULE 1The Office of Fair Trading1Membership2Terms of appointment, remuneration, pensions etc.3(1) An appointment of a person to hold office as...4(1) The OFT shall pay to the chairman and other...5Staff6The OFT may, with the approval of the Minister for...7Membership of committees or sub-committees of OFT8Proceedings etc.9The validity of anything done by the OFT is not...10(1) The application of the seal of the OFT shall...11A document purporting to be duly executed under the seal...12Performance of functions13Supplementary powers14Parliamentary Commissioner Act 1967 (c. 13)15House of Commons Disqualification Act 1975 (c. 24)16Northern Ireland Assembly Disqualification Act 1975 (c. 25)SCHEDULE 2The Competition Appeal Tribunal1Appointment, etc. of President and chairmen2(1) The members appointed as President or as chairmen shall...3If the President is absent or otherwise unable to act...4Appointment, etc. of ordinary members5Remuneration etc. for members6Compensation for loss of office7Staff, accommodation and property8Miscellaneous9In this Schedule “chairman” and “ordinary member” mean respectively a...10In Part 2 of Schedule 1 to the House of...11In Part 2 of Schedule 1 to the Northern Ireland...SCHEDULE 3The Competition ServicePart 1Constitution etc.1Membership of the Service2Chairman of Service3Appointed members4Allowances, etc. for members5If, where any person ceases to hold office as an...6Staff7Procedure8(1) The application of the seal of the Service shall...9A document purporting to be duly executed under the seal...10The Service’s powers11Accounts12(1) The Service shall— (a) prepare a statement of accounts...Part 2Transfers of property etc. between the Commission and the Service13(1) The Secretary of State may make one or more...14(1) On the day appointed by a scheme under paragraph...15The transfer by paragraph 14(1) of the rights and liabilities...16(1) Anything done by or in relation to the transferor...Part 3Miscellaneous17In Part 2 of Schedule 1 to the House of...18In Part 2 of Schedule 1 to the Northern Ireland...SCHEDULE 4Tribunal: procedurePart 1General1Decisions of the Tribunal2Enforcement of decisions in Great Britain3If a decision of the Tribunal awards damages, costs or...4Subject to rules of court or any practice direction, a...5Enforcement of decisions in Northern Ireland6Miscellaneous7An award of costs or expenses against a specified body...8In this Part of this Schedule any reference to damages...Part 2Tribunal rules9General10Tribunal rules may make different provision for different kinds of...11Institution of proceedings12Tribunal rules may provide for the Tribunal to reject any...13Tribunal rules may provide for the Tribunal— 14Tribunal rules may provide for the Tribunal to reject any...15Tribunal rules must ensure that no proceedings are rejected without...16Pre-hearing reviews and preliminary matters17Conduct of the hearing18Quorum19Interest20Fees21Withdrawal of proceedings22Interim orders23Miscellaneous24Tribunal rules may make provision— (a) for a person who...25Tribunal rules may make provision for the Tribunal to transfer...26Tribunal rules may make provision in connection with the transfer...SCHEDULE 5Proceedings under Part 1 of the 1998 Act1Part 1 of the 1998 Act is amended as follows....2In section 46 (appealable decisions)— (a) in subsections (1) and...3Section 48 (appeal tribunals) shall cease to have effect. 4For section 49 there is substituted— Further appeals (1) An appeal lies to the appropriate court— 5In section 58(1) (findings of fact by director)— 6In section 59(1) (interpretation of Part 1)— 7(1) Schedule 7 (the Competition Commission) is amended as follows....8(1) Schedule 8 (appeals) is amended as follows. SCHEDULE 6Schedule to be inserted in the Water Industry Act 1991SCHEDULE 4ZA Application of provisions of Enterprise Act 2002 to...SCHEDULE 7Enforcement regime for public interest and special public interest cases1Pre-emptive undertakings and orders2(1) Sub-paragraph (2) applies where an intervention notice or special...3Undertakings in lieu of reference under section 45 or 624(1) The relevant authority shall not make a reference under...5(1) Sub-paragraph (2) applies where the Secretary of State considers...6(1) Sub-paragraph (2) applies where— (a) the Secretary of State...7Statutory restrictions following reference under section 45 or 628(1) Sub-paragraph (2) applies where— (a) a reference has been...9Final undertakings and orders10(1) Sub-paragraph (2) applies where the Secretary of State considers...11(1) The Secretary of State may, in accordance with section...SCHEDULE 8Provision that may be contained in certain enforcement orders1Introductory2General restrictions on conduct3(1) An order may prohibit the withholding from any person...4An order may prohibit requiring as a condition of the...5An order may prohibit— (a) discrimination between persons in the...6An order may prohibit— (a) giving, or agreeing to give...7An order may prohibit— (a) charging, for goods or services...8(1) An order may regulate the prices to be charged...9An order may prohibit the exercise of any right to...10General obligations to be performed11An order may require any activities to be carried on...12Acquisitions and divisions13(1) An order may provide for— (a) the division of...14The references in paragraph 13 to the division of a...15Supply and publication of information16An order may prohibit any person from notifying (whether by...17(1) An order may require a person supplying goods or...18An order made by virtue of paragraph 15 or 17...19An order may— (a) require any person to supply information...20National security20ANewspaper mergers21Supplementary22(1) An order which may prohibit the doing of anything...23Interpretation24In this Schedule “the relevant authority” means— SCHEDULE 9Certain amendments of sectoral enactmentsPart 1Power of enforcement orders to amend licence conditions etc.1Telecommunications Act 1984 (c. 12)2Airports Act 1986 (c. 31)3In paragraph 13 of Schedule 1 to that Act— 4Gas Act 1986 (c. 44)5Electricity Act 1989 (c. 29)6Broadcasting Act 1990 (c. 42)7Water Industry Act 1991 (c. 56)8In section 36(1) of that Act (interpretation of Part 2...9Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))10Railways Act 1993 (c. 43)11Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))12In paragraph 13 of Schedule 6 to that Order— 13Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))14Postal Services Act 2000 (c. 26)15Transport Act 2000 (c. 38)Part 2Application of Part 4 of this Act to sectoral regulators16Telecommunications Act 1984 (c. 12)17Gas Act 1986 (c. 44)18Electricity Act 1989 (c. 29)19Water Industry Act 1991 (c. 56)20Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))21Railways Act 1993 (c. 43)22Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))23Transport Act 2000 (c. 38)24(1) Section 86 of that Act (functions exercisable by the...25In section 87 of that Act (CAA’s 1973 Act functions)...26In section 89 of that Act (carrying out functions) for...SCHEDULE 10Procedural requirements for certain enforcement undertakings and orders1Requirements for accepting undertakings and making orders2(1) Before accepting an undertaking to which this paragraph applies...3(1) If, after giving notice under paragraph 2(1) or (4),...4As soon as practicable after accepting an undertaking to which...5(1) The requirements of paragraph 2(4) (and those of paragraph...6Termination of undertakings and orders7(1) Before releasing an undertaking to which this paragraph applies...8As soon as practicable after releasing the undertaking or making...9Power to dispense with the requirements of the ScheduleSCHEDULE 11The Competition Commission1Schedule 7 to the 1998 Act is amended as follows....2In paragraph 1 (interpretation), after the definition of “newspaper merger...3In paragraph 2 (appointment of members)— (a) in sub-paragraph (1)(c),...4In paragraph 5 (the Council)— (a) in sub-paragraph (1), the...5In paragraph 6 (terms of appointment)— (a) in sub-paragraph (2),...6Paragraph 7(4) (approval of Treasury) shall cease to have effect....7Before paragraph 8 there is inserted— The Commission may publish advice and information in relation to...8In paragraph 9 (staff)— (a) sub-paragraph (2), and in sub-paragraph...9Paragraph 10 (procedure) shall cease to have effect. 10(1) Paragraph 15 (discharge of certain functions by groups) is...11(1) Paragraph 20 (requirement for two-thirds majority on reports) is...12In paragraph 22 (panel of persons to act in newspaper...SCHEDULE 12Competition Commission: certain procedural rulesSCHEDULE 7A the competition commission: procedural rules for mergers and...SCHEDULE 13Listed Directives and RegulationsPart 1Directives and Regulations1Council Directive 84/450/EEC of 10 September 1984 relating to the...2Council Directive 85/577/EEC of 20 December 1985 to protect the...3Council Directive 87/102/EEC of 22 December 1986 for the approximation...4Council Directive 90/314/EEC of 13 June 1990 on package travel,...5Council Directive 93/13/EEC of 5 April 1993 on unfair terms...6Directive 94/47/EC of the European Parliament and of the Council...7Directive 97/7/EC of the European Parliament and of the Council...7ADirective 97/55/EC of the European Parliament and of the Council...7BDirective 98/6/EC of the European Parliament and of the Council...8Directive 1999/44/EC of the European Parliament and of the Council...9Directive 2000/31/EC of the European Parliament and of the Council...9ADirective 2002/65/EC of the European Parliament and of the Council...9BRegulation (EC) No. 261/2004 of the European Parliament and of...Part 2Provisions of directives10Articles 10 to 21 of Council Directive 89/552/EEC of 3...11Articles 83 to 100 of the Directive 2001/83/EC of the...SCHEDULE 14Specified functionsParts 1, 2, 3, 4, 5, 6, 7, 8 and...SCHEDULE 15Enactments conferring functionsGun Barrel Proof Act 1868 (cap 113). Gun Barrel Proof...SCHEDULE 16Schedule B1 to Insolvency Act 1986SCHEDULE 17Administration: minor and consequential amendments1General2Magistrates’ Courts Act 1980 (c. 43)3Companies Act 1985 (c. 6)4In section 225 (alteration of accounting reference date)— 5In section 425(1) (power of company to compromise) for “an...6In section 427A(3) (mergers and divisions of public companies) for...7In section 652B(3) (duty when applying to strike off defunct...8In section 652C(4) (director’s duty following application to strike off...9Insolvency Act 1986 (c. 45)10In section 1 (proposal for company voluntary arrangement)— 11In section 5(3) (approval of company voluntary arrangement)— 12In section 6(2)(c) (challenge of decision in relation to company...13In section 51 (power to appoint receiver: Scotland) after subsection...14At the end of section 100 (creditors’ voluntary winding up...15At the end of section 127 (winding-up: avoidance of property...16After section 129(1) (commencement of winding up) insert— 17In section 140 (appointment by court of liquidator following administration...18In section 212 (misfeasance of officers)— (a) in subsection (1)(b)...19Section 230(1) (administrator to be qualified insolvency practitioner) shall cease...20In section 231(1) and (2) (appointment to office of two...21In section 232 (validity of office-holder’s act) omit the word...22In section 233 (utility supplies)— (a) for subsection (1)(a) substitute—...23For section 234(1)(a) (getting in the company’s property) substitute— 24For section 235(4)(a) (co-operation with office-holder) substitute— 25For section 238(1)(a) (transactions at an undervalue: England and Wales)...26(1) Section 240 (relevant time for sections 238 and 239)...27(1) Section 241 (order under section 238 or 239) shall...28(1) Section 242 (gratuitous alienations: Scotland) shall be amended as...29(1) Section 243 (unfair preferences: Scotland) shall be amended as...30In section 244(2) (extortionate credit transaction) for “the day on...31(1) Section 245 (avoidance of floating charge) shall be amended...32For section 246(1)(a) (unenforceability of lien on records) substitute— 33(1) Section 247 (meaning of “insolvency” and “go into liquidation”)...34(1) Section 387 (preferential debts: “the relevant date”) shall be...35In section 422 (power to apply first Group of Parts...36In section 424(1)(a) (application for order in relation to transaction...37(1) Schedule A1 (moratorium where directors propose voluntary arrangement) shall...38(1) Schedule 8 (scope of insolvency rules) shall be amended...39(1) Schedule 10 (punishment of offences) shall be amended as...40Company Directors Disqualification Act 1986 (c. 46)41In section 6 (duty of court to disqualify unfit director...42In section 7(3) (duty of office-holder to report to Secretary...43Companies Act 1989 (c. 40)44In section 158 (modification of insolvency law)— 45In section 161(4) (disapplication of enactments to default proceedings) for...46After section 167(1) (application by exchange or clearing house about...47(1) Section 175 (financial markets: administration) shall be amended as...48Coal Industry Act 1994 (c. 21)49Employment Rights Act 1996 (c. 18)50Housing Act 1996 (c. 52)51At the end of section 40 (initial notice to be...52At the end of section 41 (further notice to be...53Financial Services and Markets Act 2000 (c. 8)54(1) Section 215 (provision of Financial Services Compensation Scheme in...55For section 359 (administration order) substitute— Administration order (1) The Authority may make an administration application under Schedule...56For section 361 (administrator to report to Authority) substitute— Administrator’s...57In section 362 (Financial Services Authority’s right to participate in...58After section 362 insert— Administrator appointed by company or directors...59In section 427A(3) (mergers and divisions of public companies) for...SCHEDULE 18Schedule 2A to Insolvency Act 1986SCHEDULE 2A EXCEPTIONS TO PROHIBITION ON APPOINTMENT OF ADMINISTRATIVE RECEIVER:...SCHEDULE 19Duration of bankruptcy: transitional provisions1Introduction2In this Schedule— “commencement” means the date appointed under section...3Neither old law nor new law to apply4General rule for discharge from pre-commencement bankruptcy5Second-time bankruptcy6Criminal bankruptcy7Income payments order8Bankruptcy restrictions order or undertakingSCHEDULE 20Schedule 4A to Insolvency Act 1986SCHEDULE 4A Bankruptcy Restrictions Order and Undertaking Bankruptcy restrictions order...SCHEDULE 21Effect of bankruptcy restrictions order and undertaking1Disqualification for acting as receiver or manager2Bankruptcy offences after discharge3At the end of section 360 of that Act (obtaining...4Disqualification for acting as insolvency practitioner5Prohibition against involvement in companySCHEDULE 22Individual voluntary arrangement1Annulment of bankruptcy on making of voluntary arrangement2Fast-track for making voluntary arrangement3Role of official receiverSCHEDULE 23Individual insolvency: minor and consequential amendments1The Insolvency Act 1986 (c. 45) shall be amended as...2Section 275 (bankruptcy: summary administration) shall cease to have effect....3In section 280(1) (bankruptcy: discharge by order of court)— 4In section 282 (annulment of bankruptcy)— (a) in subsection (4)...5For section 291(4) (co-operation with official receiver) substitute— 6In section 292(1)(a) (trustee in bankruptcy: power to appoint) omit...7In section 293(1) (trustee in bankruptcy: meeting to appoint) omit...8In section 294(1) (power of creditors to requisition meeting) omit...9In section 297 (trustee: special cases)— (a) omit subsections (2)...10Omit section 298(3) (removal of trustee: summary administration). 11In section 300 (trustee: vacancy)— (a) omit subsection (5), and...12In section 354(3) (concealment of property) after “the official receiver”...13At the end of section 355 (concealment and falsification of...14In the following provisions of section 399 (appointment of official...15In section 429(2)(b) (disability imposed on revoking administration order under...16(1) Schedule 9 (scope of insolvency rules) shall be amended...17In Schedule 10 (punishment of offences)— (a) in the entry...SCHEDULE 24Transitional and transitory provisions and savings1Operation of references to OFT before commencement of section 2(3)2Pensions etc. of former Directors3First financial year of the OFT4First annual plan of the OFT5Last annual report of the Director General of Fair Trading6Effect of transfers under section 27First President and Registrar of the Competition Appeal Tribunal8The person who is Registrar of Appeal Tribunals (under paragraph...9Any person who is a member of the Competition Commission...10Any member of the Competition Commission appeal panel who is,...11Nothing in paragraph 7, 8, 9 or 10 applies to...12Tribunal rules13Merger references14Monopoly references15Enforcement undertakings and orders16(1) Sub-paragraph (2) applies to any undertaking— 17(1) Any order made by a Minister of the Crown...18(1) Section 94(1) to (6) shall apply in relation to...19Paragraphs 13 to 18: supplementary provision20Designation orders under Schedule 4 to the 1998 Act21Proceedings under Part 3 of the 1973 Act22SupplementarySCHEDULE 25Minor and consequential amendments1Registered Designs Act 1949 (c. 88)2Agricultural Marketing Act 1958 (c. 47)3Public Records Act 1958 (c. 51)4Superannuation Act 1972 (c. 11)5Fair Trading Act 1973 (c. 41)6Consumer Credit Act 1974 (c. 39)7Restrictive Practices Court Act 1976 (c. 33)8Patents Act 1977 (c. 37)9Estate Agents Act 1979 (c. 38)10Competition Act 1980 (c. 21)11Civil Aviation Act 1982 (c. 16)12Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))13Telecommunications Act 1984 (c. 12)14Airports Act 1986 (c. 31)15Gas Act 1986 (c. 44)16Consumer Protection Act 1987 (c. 43)17Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))18Copyright, Designs and Patents Act 1988 (c. 48)19Water Act 1989 (c. 15)20Electricity Act 1989 (c. 29)21Companies Act 1989 (c. 40)22Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))23Courts and Legal Services Act 1990 (c. 41)24Broadcasting Act 1990 (c. 42)25Water Industry Act 1991 (c. 56)26Water Resources Act 1991 (c. 57)27Tribunals and Inquiries Act 1992 (c. 53)28Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))29Osteopaths Act 1993 (c. 21)30Railways Act 1993 (c. 43)31Chiropractors Act 1994 (c. 17)32Coal Industry Act 1994 (c. 21)33Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))34Broadcasting Act 1996 (c. 55)35Channel Tunnel Rail Link Act 1996 (c. 61)36Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))37Data Protection Act 1998 (c. 29)38Competition Act 1998 (c. 41)39Greater London Authority Act 1999 (c. 29)40 Financial Services and Markets Act 2000 (c. 8)41Terrorism Act 2000 (c. 11)42Postal Services Act 2000 (c. 26)43Utilities Act 2000 (c. 27)44Transport Act 2000 (c. 38)SCHEDULE 26Repeals and revocations2002 c. 40An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.[7th November 2002]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]