http://www.legislation.gov.uk/ukpga/2002/40/notes/contentsFair tradingBusiness practice and regulationLegislationPublic private partnershipsGovernanceExplanatory Notes to Enterprise Act 2002Department for Trade and IndustryQueen's Printer of Acts of Parliament2010-07-15 Enterprise Act 2002 Introduction Overview of the Act SummaryCompetition reformConsumer reformInsolvency reformCorporate insolvencyCrown PreferenceInsolvency of individualsFinancial regime Commentary on SectionsPart 1: the Office of Fair TradingEstablishment of Office of Fair TradingSections 1 and 2 & Schedule 1: The Office of Fair Trading & The Director General of Fair TradingSection 3: Annual planSection 4: Annual and other reportsSchedule 24: Transitional and transitory provisions and savingsGeneral functions of OFTSection 5: Acquisition of information Section 6: Provision of information to the publicSection 7: Provision of information and advice to Ministers Section 8: Promoting good consumer practiceMiscellaneousSection 9: Repeal of certain powers of directionSection 10: Part 2 of the 1973 ActSection 11: Super-complaints to the OFTPart 2: the Competition Appeal TribunalThe Competition Appeal TribunalSection 12: The Competition Appeal TribunalSchedule 2: The Competition Appeal TribunalSection 13: The Competition ServiceSchedule 3: The Competition ServiceSection 14: Constitution of Tribunal for particular proceedings and its decisionsSection 15: Tribunal rulesSchedule 4: Tribunal: procedureSection 16: Transfers of certain proceedings to TribunalProceedings under Part 1 of 1998 ActSection 17: Third party appealsSection 18: Monetary ClaimsSection 19: Claims on behalf of consumersOther amendments of the 1998 ActSection 20: Findings of infringementsSection 21 & Schedule 5: Proceedings under Part 1 of the 1998 ActPart 3: MergersSummary and BackgroundChapter 1: Duty to make referencesDuty to make references: completed mergersSection 22: Duty to make references in relation to completed mergersSection 23: Relevant merger situationsSection 24: Time-limits and prior noticeSection 25: Extension of time-limitsSection 26: Enterprises ceasing to be distinct enterprisesSections 27 and 29: Time when enterprises cease to be distinct & Obtaining control by stagesSection 28: Turnover testSection 30: Relevant customer benefitsSection 31: Information powers in relation to completed mergersSection 32: Supplementary provision for purposes of sections 25 and 31Duty to make references: anticipated mergersSection 33: Duty to make references in relation to anticipated mergersSection 34: Supplementary provision in relation to anticipated mergersDetermination of referencesSections 35–41 Section 35: Questions to be decided in relation to completed mergersSection 36: Questions to be decided in relation to anticipated mergersSection 37: Cancellation and variation of references under section 22 or 33Section 38: Investigations and reports on references under section 22 or 33Section 39: Time-limits for investigations and reportsSection 40: Section 39: supplementarySection 41: Duty to remedy effects of completed or anticipated mergersChapter 2: Public interest casesPower to make referencesSection 42: Intervention by Secretary of State in certain public interest casesSection 43: Intervention notices under section 42Section 44: Investigation and report by OFTSection 45: Power of Secretary of State to refer matter to CommissionSection 46: References under section 45: supplementaryReports on referencesSection 47: Questions to be decided on references under section 45Section 48: Cases where references or certain questions need not be decidedSection 49: Variation of references under section 45Section 50: Investigations and reports on references under section 45Section 51: Time-limits for investigations and reports by CommissionSection 52: Section 51: supplementarySection 53: Restrictions on action where public interest considerations not finalisedDecisions of the Secretary of StateSection 54: Decision of Secretary of State in public interest casesSection 55: Enforcement action by Secretary of StateOtherSection 56: Competition cases where intervention on public interest grounds ceasesSection 57: Duties of OFT and Commission to inform Secretary of StateSection 58: Specified considerationsChapter 3: Other special casesSpecial public interest casesSection 59: Intervention by Secretary of State in special public interest casesSection 60: Special intervention notices under section 59Section 61: Initial investigation and report by OFTSection 62: Power of Secretary of State to refer the matterSections 63 and 64: Questions to be decided on references under section 62 & Cancellation or variation of references under section 62Section 65: Investigations and reports on references under section 62Section 66: Decision and enforcement action by Secretary of StateEuropean MergersSection 67: Intervention to protect legitimate interestsSection 68: Scheme for protecting legitimate interestsOtherSection 69: Newspaper mergersSection 70 & Schedules 6 and 9: Water mergersChapter 4: EnforcementPowers exercisable before references under section 22 or 33Section 71: Initial undertakings: completed mergersSection 72: Initial enforcement orders: completed mergersSection 73: Undertakings in lieu of references under section 22 or 33Section 74: Effect of undertakings under section 73Section 75: Order-making power where undertakings under section 73 not fulfilled Section 76: Supplementary interim order-making powerInterim restrictions and powersSection 77: Restrictions on certain dealings: completed mergersSection 78: Restrictions on certain share dealings: anticipated mergersSection 79: Sections 77 and 78: further interpretation provisionsSection 80: Interim undertakingsSection 81: Interim ordersFinal powersSection 82: Final undertakingsSection 83: Order-making power where final undertakings not fulfilledSection 84: Final ordersSchedule 8: Provision that may be contained in certain enforcement ordersPublic interest and special public interest casesSection 85: Enforcement regime for public interest and special public interest casesSchedule 7: Enforcement regime for public interest and special public interest casesUndertakings and orders: general provisionsSection 86: Enforcement orders: general provisionsSection 87: Delegated power of directionsSection 88: Contents of certain enforcement ordersSection 89: Subject-matter of undertakingsSection 90: Procedural requirements for certain undertakings and ordersSchedule 10: Procedural requirements for certain enforcement undertakings and ordersSection 91: Register of undertakings and ordersEnforcement functions of OFTSection 92: Duty of OFT to monitor undertakings and ordersSection 93: Further role of OFT in relation to undertakings and ordersOtherSection 94: Rights to enforce undertakings and ordersSection 95: Rights to enforce statutory restrictionsChapter 5: SupplementaryMerger noticesSection 96: Merger noticesSections 97 and 98: Period for considering merger notices & Section 97: supplementarySection 99: Certain functions of OFT and Secretary of State in relation to merger noticesSection 100: Exceptions to protection given by merger noticesSections 101 and 102: Merger notices: regulations & Power to modify sections 97 to 101General duties in relation to referencesSection 103: Duty of expedition in relation to referencesSection 104: Certain duties of relevant authorities to consultInformation and publicity requirementsSection 105: General information duties of OFT and CommissionSection 106: Advice and information about references under section 22 and 33Section 107: Further publicity requirementsSection 108: DefamationInvestigation powersSections 109–117: Investigation powersReportsSection 118: Excisions from reportsSection 119: Minority reports of CommissionMiscellaneousSection 120: Review of decisions under Part 3Section 121: FeesSection 122: Primacy of Community lawSection 123: Power to alter the share of supply testSection 125: Offences by bodies corporateSection 126: Service of documentsSection 127: Associated personsSection 128: Supply of services and market for services Part 4: Market InvestigationsIntroductionChapter 1: Market investigation referencesMaking of referencesSection 131: Power of OFT to make referencesSection 132: Ministerial power to make referencesSection 133: Contents of referencesDetermination of referencesSection 134: Questions to be decided on market investigation referencesSection 135: Variation of market investigation referencesSection 136: Investigations and reports on market investigation referencesSection 137: Time-limits for market investigations and reportsSection 138: Duty to remedy adverse effectsChapter 2: Public interest casesIntervention noticesSection 139: Public interest intervention by Secretary of StateIntervention notices under section 139(1)Section 140: Intervention notices under section 139(1)Section 141: Questions to be decided by CommissionSection 142: Investigations and reports by CommissionSection 143: Publication of reports of CommissionSection 144: Time-limits for investigations and reports: Part 4Section 145: Restrictions where public interest considerations not finalised: Part 4Section 146: Decision of Secretary of StateSection 147: Remedial action by Secretary of StateSection 148: Reversion of the matter to the CommissionIntervention notices under section 139(2)Section 149: Intervention notices under section 139(2)Section 150: Power of veto of Secretary of StateOtherSection 151: Further interaction of intervention notices with general procedureSection 152: Certain duties of OFT and CommissionSection 153: Specified considerations: Part 4Chapter 3: EnforcementUndertakings and ordersSection 154: Undertakings in lieu of market investigation referencesSection 155: Undertakings in lieu: procedural requirementsSection 156: Effect of undertakings under section 154Section 157: Interim undertakings: Part 4Section 158: Interim orders: Part 4Section 159: Final undertakings: Part 4Section 160: Order-making power where final undertakings not fulfilled: Part 4Section 161: Final orders: Part 4Enforcement functions of OFTSection 162: Duty of OFT to monitor undertakings and orders: Part 4Section 163: Further role of OFT in relation to undertakings and orders: Part 4SupplementarySection 164: Enforcement undertakings and orders under this Part: general provisionsSection 165: Procedural requirements for certain undertakings and orders: Part 4Section 166: Register of undertakings and orders: Part 4Section 167: Rights to enforce undertakings and orders under this PartChapter 4: SupplementaryRegulated marketsSection 168: Regulated marketsSchedule 9: Certain amendments of sectoral enactmentsConsultation, information and publicitySection 169: Certain duties of relevant authorities to consult: Part 4Section 170: General information dutiesSection 171: Advice and information: Part 4Section 172: Further publicity requirements: Part 4Section 173: Defamation: Part 4Investigation powersSection 174: Investigation powers of OFTSection 175: Enforcement of powers under section 174: offencesSection 176: Investigation powers of the CommissionReportsSection 177: Excisions from reports: Part 4Section 178: Minority reports of Commission: Part 4OtherSection 179: Review of decisions under Part 4Section 180: OffencesSection 182: Service of documents: Part 4Part 5: the Competition CommissionSection 185: The CommissionSection 186: Annual report of CommissionSchedule 11: The Competition CommissionSection 187 & Schedule 12: Commission rules of procedurePart 6: Cartel OffenceCartel OffenceSection 188: Cartel offenceSection 189: Cartel offence: supplementarySection 190: Cartel offence: penalty and prosecutionSection 191: ExtraditionCriminal investigations by OFTSection 192: Investigation of offences under section 188Section 193: Powers when conducting an investigationSection 194: Power to enter premises under a warrantSection 195: Exercise of powers by authorised personSection 196: Privileged information Section 197: Restriction on use of statements in courtSection 198: Use of statements obtained under Competition Act 1998Section 199 & Schedule 26: Surveillance powers & Repeals and revocationsSection 200: Authorisation of action in respect of propertySection 201: OffencesPart 7: Miscellaneous Competition ProvisionsPowers of entry under 1998 ActSection 203: Powers of entryDirectors disqualificationSection 204: DisqualificationMiscellaneousSection 205: Super-complaints to regulators other than OFTSection 206: Power to modify Schedule 8Section 207: Repeal of Schedule 4 to the 1998 ActSection 208: Repeal of Part 6 of Fair Trading Act 1973Section 209: Reform of Community competition lawPart 8: Enforcement of Certain Consumer LegislationIntroductionSection 210: ConsumersSections 211 and 212: Domestic infringements & Community infringementsSection 212: Community InfringementsSection 211: Domestic InfringementsSection 213: EnforcersEnforcement procedureSection 214: ConsultationSection 215: ApplicationsSection 216: Applications: directions by OFTSection 217: Enforcement ordersSection 218: Interim enforcement orderSection 219: UndertakingsSection 220: Further proceedingsSection 221: Community infringements: proceedingsSection 222: Bodies corporate: accessoriesSection 223: Bodies corporate: ordersInformationSections 224 and 225: OFT & Other enforcersSections 226 and 227: Notices: procedure and enforcementMiscellaneousSection 228: EvidenceSection 229: Advice and informationSection 230: Notice to OFT of intended prosecutionSection 231: Notice of convictions and judgments to OFTInterpretationSection 232: Goods and servicesSection 233: Person Supplying GoodsSection 234: Supply of servicesCrownSection 236: CrownPart 9: InformationIntroductionRestrictions on disclosureSection 237: General restrictionSection 238: InformationPermitted disclosureSection 239: ConsentSection 240: Community obligationsSection 241: Statutory functionsSection 242: Criminal proceedingsSection 243: Overseas disclosuresSection 244: Specified information: considerations relevant to disclosureOffencesSection 245: OffencesSchedule 14: Specified functionsSchedule 15: Enactments conferring functionsPart 10: InsolvencyCompanies Section 248 & Schedule 16: Replacement of Part II of Insolvency Act 1986General effect of Section 248 and Schedule 16: Nature of administrationThe purpose of administrationAppointment of administratorGeneral RestrictionsAppointment by courtAppointment by the holder of a floating chargeAppointment by company or directorsAdministration application – special casesEffect of administrationProcess of AdministrationAdministrator’s proposals and meeting of creditorsFunctions of the administratorChallenge to the administrator’s conduct of the companyEnding administrationDissolutionReplacing administratorGeneral provisionsSection 249: Special administration regimesSection 250 & Schedule 18: Prohibition of appointment of administrative receiver & Schedule 2A to Insolvency Act 1986Sections 251 and 252: Abolition of Crown Preference & Unsecured creditorsSection 251: Abolition of Crown PreferenceSection 252: Unsecured creditorsSanction of actions in relation to antecedent recoveriesSections 253 and 262: Liquidator’s powers & Powers of trustee in bankruptcySection 254: Application of insolvency law to foreign companySection 255: Application of law about company arrangement or administration to non-companyIndividualsSections 256 and 269 & Schedules 19 and 23: Duration of bankruptcy & Minor and consequential amendmentsSections 257 and 263 & Schedules 20 and 21: Post-discharge restrictions & Repeal of certain bankruptcy offencesSection 258: Investigation by official receiverSections 259 and 260: Income payments order & Income payments agreementSection 261: Bankrupt's HomeSection 264 & Schedule 22: Individual voluntary arrangementSections 265, 266, 267 and 268: Disqualification from office: Justice of the Peace, Parliament, Local government & GeneralSection 266: Disqualification from office: ParliamentEngland and WalesThe Devolved AssembliesMPs, Peers and Members of the Devolved Assemblies made bankrupt in Northern Ireland or sequestrated in ScotlandTwo regimesThe order-making powerSection 269 & Schedule 23: Minor and consequential amendmentsMoneySection 270: FeesSections 271 and 272: Insolvency Services Account: interest & Insolvency Services AccountsPart 11: SupplementarySection 274: Provision of financial assistance for consumer purposesSections 275, 276, 277, 278, 279, 280 and 281: Financial provision, Transitional or transitory provision and savings, Power to make consequential amendments , Minor and consequential amendments and repeals, Commencement, Extent & Short title Commencement Dates Hansard References