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Enterprise Act 2002 (c. 40)

(The document as of February, 2008)

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Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))

20 (1) Article 46 of the Electricity (Northern Ireland) Order 1992 (application of monopoly provisions etc. to the Director General of Electricity Supply for Northern Ireland) shall be amended as follows.

(2) For paragraph (2) (monopoly functions to be exercisable concurrently by the Director) there shall be substituted--

" (2) The functions to which paragraph (2A) applies shall be concurrent functions of the Director and the Office of Fair Trading.

(2A) This paragraph applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the generation, transmission or supply of electricity.

(2B) So far as necessary for the purposes of, or in connection with, paragraphs (2) and (2A), references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires). "

(3) For paragraph (4) there shall be substituted--

" (4) Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2), it or he shall consult the other.

(4A) Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2) if functions which are so exercisable have been exercised in relation to that matter by the other. "

(4) In paragraph (6)--

(a) for the words "paragraph (2)" there shall be substituted "paragraph (2A)";

(b) the words from "or paragraph" to "Act 1994" shall cease to have effect; and

(c) for the words "Part IV or section 86 or 88 of the 1973 Act" there shall be substituted "Part 4 of the Enterprise Act 2002".

(5) For paragraph (6A) there shall be substituted--

" (6A) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of paragraph (2) as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director. "

(6) Paragraph (7) shall cease to have effect.

Railways Act 1993 (c. 43)

21 (1) Section 67 of the Railways Act 1993 (application of monopoly provisions etc. to the Rail Regulator) shall be amended as follows.

(2) For subsection (2) (monopoly functions to be exercisable concurrently by the Rail Regulator) there shall be substituted--

" (2) The functions to which subsection (2A) below applies shall be concurrent functions of the Regulator and the OFT.

(2A) This subsection applies to the functions of the OFT under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to the supply of services relating to railways.

(2B) So far as necessary for the purposes of, or in connection with, subsections (2) and (2A) above, references in Part 4 of the Act of 2002 to the OFT (including references in provisions of that Act applied by that Part) shall be construed as including references to the Regulator (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires). "

(3) In subsection (3ZA) for the words "subsection (3)" there shall be substituted "subsections (2A) and (3)".

(4) For subsection (4) there shall be substituted--

" (4) Before the OFT or the Regulator first exercises in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above, that person shall consult the other.

(4A) Neither the OFT nor the Regulator shall exercise in relation to any matter functions which are exercisable concurrently by virtue of subsection (2) above if functions which are so exercisable have been exercised in relation to that matter by the other. "

(5) In subsection (7)--

(a) for the words "on a monopoly reference" there shall be substituted "under section 136 or 142 of the Enterprise Act 2002";

(b) the words from "was made" to "that it" shall cease to have effect; and

(c) for the word "him" there shall be substituted "the Regulator".

(6) In subsection (8)--

(a) for the word "(2)" there shall be substituted "(2A)";

(b) the words from "or paragraph" to "Act 1994" shall cease to have effect; and

(c) for the words "Part IV or section 86 or 88 of the 1973 Act" there shall be substituted "Part 4 of the Enterprise Act 2002".

(7) For subsection (9) there shall be substituted--

" (9) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Regulator by virtue of subsection (2) above as if the references in section 117(1)(a) and (2) to the OFT included references to the Regulator. "

(8) Subsection (10) shall cease to have effect.

Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))

22 (1) Article 23 of the Gas (Northern Ireland) Order 1996 (application of monopoly provisions etc. to the Director General of Gas for Northern Ireland) shall be amended as follows.

(2) For paragraph (2) (monopoly functions to be exercisable concurrently by the Director) there shall be substituted--

" (2) The functions to which paragraph (2A) applies shall be concurrent functions of the Director and the Office of Fair Trading.

(2A) This paragraph applies to the functions of the Office of Fair Trading under Part 4 of the Enterprise Act 2002 (other than sections 166 and 171) so far as relating to commercial activities connected with the conveyance, storage or supply of gas.

(2B) So far as necessary for the purposes of, or in connection with, paragraphs (2) and (2A), references in Part 4 of the Act of 2002 to the Office of Fair Trading (including references in provisions of that Act applied by that Part) shall be construed as including references to the Director (except in sections 166 and 171 of that Act and in any other provision of that Act where the context otherwise requires). "

(3) For paragraph (4) there shall be substituted--

" (4) Before the Office of Fair Trading or the Director first exercises in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2), it or he shall consult the other.

(4A) Neither the Office of Fair Trading nor the Director shall exercise in relation to any matter functions which are exercisable concurrently by virtue of paragraph (2) if functions which are so exercisable have been exercised in relation to that matter by the other. "

(4) In paragraph (6) for the words "Part IV or section 86 or 88 of the 1973 Act" there shall be substituted "Part 4 of the Enterprise Act 2002".

(5) For paragraph (7) there shall be substituted--

" (7) Section 117 of the Enterprise Act 2002 (offences of supplying false or misleading information) as applied by section 180 of that Act shall have effect so far as relating to functions exercisable by the Director by virtue of paragraph (2) as if the references in section 117(1)(a) and (2) to the Office of Fair Trading included references to the Director. "

(6) Paragraph (8) shall cease to have effect.

(7) In paragraph (9) for the words "mentioned in paragraph (2) or (3)" there shall be substituted "exercisable by the Director by virtue of paragraph (2) or (3)".

Transport Act 2000 (c. 38)

23 (1) Section 85 of the Transport Act 2000 (interpretation of Chapter V) shall be amended as follows.

(2) In subsection (1) for paragraph (a) there shall be substituted--

" (a) the 2002 Act is the Enterprise Act 2002; " .

(3) In subsection (3)--

(a) the words "the 1973 Act or" shall cease to have effect; and

(b) for the words "Act concerned" there shall be substituted "1998 Act".

24 (1) Section 86 of that Act (functions exercisable by the CAA and the Director) shall be amended as follows.

(2) For subsection (2) there shall be substituted--

" (2) This subsection applies to the OFT's functions under Part 4 of the 2002 Act (other than sections 166 and 171) so far as they relate to the supply of air traffic services. "

(3) In subsection (4)(a) for the words from the beginning to "Act" there shall be substituted "Part 4 of the 2002 Act (except for sections 166 and 171 but including provisions of that Act applied by that Part)".

(4) In subsection (7)(a) for the words from the beginning to "Act" there shall be substituted "Part 4 of the 2002 Act".

25 In section 87 of that Act (CAA's 1973 Act functions) for the word "1973", wherever it appears, there shall be substituted "2002".

26 In section 89 of that Act (carrying out functions) for the word "1973", wherever it appears, there shall be substituted "2002".



Section 90

SCHEDULE 10 Procedural requirements for certain enforcement undertakings and orders

Requirements for accepting undertakings and making orders

1 Paragraph 2 applies in relation to--

(a) any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than an undertaking under the enactment concerned which varies an undertaking under that enactment but not in any material respect); and

(b) any order under section 75, 83 or 84 or paragraph 5, 10 or 11 of Schedule 7 (other than an order under the enactment concerned which is a revoking order of the kind dealt with by paragraphs 6 to 8 below).

2 (1) Before accepting an undertaking to which this paragraph applies or making an order to which this paragraph applies, the OFT, the Commission or (as the case may be) the Secretary of State (in this Schedule "the relevant authority") shall--

(a) give notice of the proposed undertaking or (as the case may be) order; and

(b) consider any representations made in accordance with the notice and not withdrawn.

(2) A notice under sub-paragraph (1) shall state--

(a) that the relevant authority proposes to accept the undertaking or (as the case may be) make the order;

(b) the purpose and effect of the undertaking or (as the case may be) order;

(c) the situation that the undertaking or (as the case may be) order is seeking to deal with;

(d) any other facts which the relevant authority considers justify the acceptance of the undertaking or (as the case may be) the making of the order;

(e) a means of gaining access to an accurate version of the proposed undertaking or (as the case may be) order at all reasonable times; and

(f) the period (not less than 15 days starting with the date of publication of the notice in the case of an undertaking and not less than 30 days starting with that date in the case of an order) within which representations may be made in relation to the proposed undertaking or (as the case may be) order.

(3) A notice under sub-paragraph (1) shall be given by--

(a) in the case of a proposed order, serving on any person identified in the order as a person on whom a copy of the order should be served a copy of the notice and a copy of the proposed order; and

(b) in every case, publishing the notice.

(4) The relevant authority shall not accept the undertaking with modifications or (as the case may be) make the order with modifications unless the relevant authority--

(a) gives notice of the proposed modifications; and

(b) considers any representations made in accordance with the notice and not withdrawn.

(5) A notice under sub-paragraph (4) shall state--

(a) the proposed modifications;

(b) the reasons for them; and

(c) the period (not less than 7 days starting with the date of the publication of the notice under sub-paragraph (4)) within which representations may be made in relation to the proposed modifications.

(6) A notice under sub-paragraph (4) shall be given by--

(a) in the case of a proposed order, serving a copy of the notice on any person identified in the order as a person on whom a copy of the order should be served; and

(b) in every case, publishing the notice.

3 (1) If, after giving notice under paragraph 2(1) or (4), the relevant authority decides--

(a) not to accept the undertaking concerned or (as the case may be) make the order concerned; and

(b) not to proceed by virtue of paragraph 5;

the relevant authority shall give notice of that decision.

(2) A notice under sub-paragraph (1) shall be given by--

(a) in the case of a proposed order, serving a copy of the notice on any person identified in the order as a person on whom a copy of the order should be served; and

(b) in every case, publishing the notice.

4 As soon as practicable after accepting an undertaking to which paragraph 2 applies or (as the case may be) making an order to which that paragraph applies, the relevant authority shall (except in the case of an order which is a statutory instrument)--

(a) serve a copy of the undertaking on any person by whom it is given or (as the case may be) serve a copy of the order on any person identified in the order as a person on whom a copy of the order should be served; and

(b) publish the undertaking or (as the case may be) the order.

5 (1) The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority--

(a) has already given notice under paragraph 2(1) but not paragraph 2(4) in relation to the proposed undertaking or order; and

(b) considers that the modifications which are now being proposed are not material in any respect.

(2) The requirements of paragraph 2(4) (and those of paragraph 2(1)) shall not apply if the relevant authority--

(a) has already given notice under paragraphs 2(1) and (4) in relation to the matter concerned; and

(b) considers that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which notice was last given under paragraph 2(4).

Termination of undertakings and orders

6 Paragraph 7 applies where the relevant authority is proposing to--

(a) release any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than in connection with accepting an undertaking under the enactment concerned which varies or supersedes an undertaking under that enactment); or

(b) revoke any order under section 75, 83 or 84 or paragraph 5, 10 or 11 of Schedule 7 (other than in connection with making an order under the enactment concerned which varies or supersedes an order under that enactment).

7 (1) Before releasing an undertaking to which this paragraph applies or (as the case may be) revoking an order to which this paragraph applies, the relevant authority shall--

(a) give notice of the proposed release or (as the case may be) revocation; and

(b) consider any representations made in accordance with the notice and not withdrawn.

(2) A notice under sub-paragraph (1) shall state--

(a) the fact that a release or (as the case may be) revocation is proposed;

(b) the reasons for it; and

(c) the period (not less than 15 days starting with the date of publication of the notice in the case of an undertaking and not less than 30 days starting with that date in the case of an order) within which representations may be made in relation to the proposed release or (as the case may be) revocation.

(3) If after giving notice under sub-paragraph (1) the relevant authority decides not to proceed with the release or (as the case may be) the revocation, the relevant authority shall give notice of that decision.

(4) A notice under sub-paragraph (1) or (3) shall be given by--

(a) serving a copy of the notice on the person who gave the undertaking which is being released or (as the case may be) on any person identified in the order being revoked as a person on whom a copy of the order should be served; and

(b) publishing the notice.

8 As soon as practicable after releasing the undertaking or making the revoking order, the relevant authority shall (except in the case of an order which is a statutory instrument)--

(a) serve a copy of the release of the undertaking on the person who gave the undertaking or (as the case may be) serve a copy of the revoking order on any person identified in the order being revoked as a person on whom a copy of that order should be served; and

(b) publish the release or (as the case may be) the revoking order.

Power to dispense with the requirements of the Schedule

9 The relevant authority may dispense with any or all of the requirements of this Schedule if the relevant authority considers that the relevant authority has special reasons for doing so.



Section 185

SCHEDULE 11 The Competition Commission

1 Schedule 7 to the 1998 Act is amended as follows.

2 In paragraph 1 (interpretation), after the definition of "newspaper merger reference" there is inserted--

" "newspaper panel member" means a member of the panel maintained under paragraph 22; " .

3 In paragraph 2 (appointment of members)--

(a) in sub-paragraph (1)(c), for the words from the beginning to "from" there is substituted "the members of";

(b) in sub-paragraph (1), after paragraph (d) there is inserted--

" (e) one or more members appointed by the Secretary of State to serve on the Council. " ;

(c) after sub-paragraph (1) there is inserted--

" (1A) A person may not be, at the same time, a member of the Commission and a member of the Tribunal. " ;

(d) in sub-paragraph (2), for "(a)" there is substituted "(aa)"; and

(e) in sub-paragraph (3), before paragraph (b) there is inserted--

" (aa) a newspaper panel member; " .

4 In paragraph 5 (the Council)--

(a) in sub-paragraph (1), the word "management" shall cease to have effect;

(b) in sub-paragraph (2)(a), after "Chairman" there is inserted "and any deputy chairmen of the Commission";

(c) in sub-paragraph (2), before paragraph (c) there is inserted--

" (bb) the member or members appointed under paragraph 2(1)(e); " ; and

(d) after sub-paragraph (3) there is inserted--

" (3A) Without prejudice to the question whether any other functions of the Commission are to be so discharged, the functions of the Commission under sections 106, 116, and 171 of the Enterprise Act 2002 (and under section 116 as applied for the purposes of references under Part 4 of that Act by section 176 of that Act) are to be discharged by the Council. "

5 In paragraph 6 (terms of appointment)--

(a) in sub-paragraph (2), for "five years at a time" there is substituted "eight years (but this does not prevent a re-appointment for the purpose only of continuing to act as a member of a group selected under paragraph 15 before the end of his term of office)"; and

(b) sub-paragraph (5) shall cease to have effect.

6 Paragraph 7(4) (approval of Treasury) shall cease to have effect.

7 Before paragraph 8 there is inserted--

" 7A The Commission may publish advice and information in relation to any matter connected with the exercise of its functions. "

8 In paragraph 9 (staff)--

(a) sub-paragraph (2), and in sub-paragraph (3) the words "and the President", shall cease to have effect;

(b) in sub-paragraph (4), for paragraphs (a) and (b) there is substituted "the Secretary of State as to numbers and terms and conditions of service".

9 Paragraph 10 (procedure) shall cease to have effect.

10 (1) Paragraph 15 (discharge of certain functions by groups) is amended as follows.

(2) In sub-paragraph (1), after "sub-paragraph (7)" there is inserted "or (8)".

(3) For sub-paragraph (5) (members of newspaper panel) there is substituted--

" (5) The Chairman must select one or more newspaper panel members to be members of the group dealing with functions relating to a newspaper merger reference and, if he selects at least three such members, the group may consist entirely of those members. "

(4) In sub-paragraph (7) (Chairman's role in setting aside merger references), paragraph (b) (and the word "or" before it) shall cease to have effect.

(5) After sub-paragraph (7) there is inserted--

" (8) The Chairman may exercise the power conferred by section 37(1), 48(1) or 64(1) of the Enterprise Act 2002 while a group is being constituted to perform a relevant general function of the Commission or, when it has been so constituted, before it has held its first meeting. "

11 (1) Paragraph 20 (requirement for two-thirds majority on reports) is amended as follows.

(2) In sub-paragraph (1), for "sub-paragraph (2)" there is substituted "sub-paragraphs (2) to (9)".

(3) For sub-paragraph (2) there is substituted--

" (2) For the purposes of Part 3 of the Enterprise Act 2002 (mergers) any decision of a group under section 35(1) or 36(1) of that Act (questions to be decided on non-public interest merger references) that there is an anti-competitive outcome is to be treated as a decision under that section that there is not an anti-competitive outcome if the decision is not that of at least two-thirds of the members of the group.

(3) For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group--

(a) any decision of a group under section 47 of that Act (questions to be decided on public interest merger references) that a relevant merger situation has been created is to be treated as a decision under that section that no such situation has been created;

(b) any decision of a group under section 47 of that Act that the creation of a relevant merger situation has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation has not resulted, or may be expected not to result, in such a substantial lessening of competition;

(c) any decision of a group under section 47 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation; and

(d) any decision of a group under section 47 of that Act that the creation of such a situation as is mentioned in paragraph (c) may be expected to result in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services is to be treated as a decision under that section that the creation of that situation may be expected not to result in such a substantial lessening of competition.

(4) For the purposes of Part 3 of the Act of 2002, if the decision is not that of at least two-thirds of the members of the group--

(a) any decision of a group under section 63 of that Act (questions to be decided on special public interest merger references) that a special merger situation has been created is to be treated as a decision under that section that no such situation has been created; and

(b) any decision of a group under section 63 of that Act that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a special merger situation is to be treated as a decision under that section that no such arrangements are in progress or in contemplation.

(5) For the purposes of Part 4 of the Act of 2002 (market investigations), if the decision is not that of at least two-thirds of the members of the group, any decision of a group under section 134 or 141 (questions to be decided on market investigation references) that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom is to be treated as a decision that the feature or (as the case may be) combination of features does not prevent, restrict or distort such competition.

(6) Accordingly, for the purposes of Part 4 of the Act of 2002, a group is to be treated as having decided under section 134 or 141 that there is no adverse effect on competition if--

(a) one or more than one decision of the group is to be treated as mentioned in sub-paragraph (5); and

(b) there is no other relevant decision of the group.

(7) In sub-paragraph (6) "relevant decision" means a decision which is not to be treated as mentioned in sub-paragraph (5) and which is that a feature, or combination of features, of a relevant market prevents, restricts or distorts competition in connection with the supply or acquisition of any goods or services in the United Kingdom or a part of the United Kingdom.

(8) Expressions used in sub-paragraphs (2) to (7) shall be construed in accordance with Part 3 or (as the case may be) 4 of the Act of 2002.

(9) Sub-paragraph (1) is also subject to specific provision made by or under other enactments about decisions which are not decisions of at least two-thirds of the members of a group. "

12 In paragraph 22 (panel of persons to act in newspaper merger references), for the words from the beginning to "suitable" there is substituted "There are to be members of the Commission appointed by the Secretary of State to form a panel of persons available".



Section 187

SCHEDULE 12 Competition Commission: certain procedural rules



" SCHEDULE 7A the competition commission: procedural rules for mergers and market references etc.

1 In this Schedule--

  • "market investigation" means an investigation carried out by a market reference group in connection with a reference under section 131 or 132 of the Enterprise Act 2002 (including that section as it has effect by virtue of another enactment);

  • "market reference group" has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

  • "merger investigation" means an investigation carried out by a merger reference group in connection with a reference under section 59 of the Fair Trading Act 1973 (c. 41), section 32 of the Water Industry Act 1991 (c. 56) or section 22, 33, 45 or 62 of the Act of 2002;

  • "merger reference group" has the meaning given by paragraph 19A(9) of Schedule 7 to this Act;

  • "relevant group" means a market reference group, merger reference group or special reference group;

  • "special investigation" means an investigation carried out by a special reference group--

    (a)

    in connection with a reference under a provision mentioned in any of paragraphs (a) to (l) and (n) of the definition of "special reference group" in paragraph 19A(9) of Schedule 7 to this Act; or

    (b)

    under a provision mentioned in paragraph (m) of that definition; and

  • "special reference group" has the meaning given by paragraph 19A(9) of Schedule 7 to this Act.

2 Rules may make provision--

(a) for particular stages of a merger investigation, a market investigation or a special investigation to be dealt with in accordance with a timetable and for the revision of that timetable;

(b) as to the documents and information which must be given to a relevant group in connection with a merger investigation, a market investigation or a special investigation;

(c) as to the documents or information which a relevant group must give to other persons in connection with such an investigation.

3 Rules made by virtue of paragraph 2(a) and (b) may, in particular, enable or require a relevant group to disregard documents or information given after a particular date.

4 Rules made by virtue of paragraph 2(c) may, in particular, make provision for the notification or publication of, and for consultation about, provisional findings of a relevant group.

5 Rules may make provision as to the quorum of relevant groups.

6 Rules may make provision--

(a) as to the extent (if any) to which persons interested or claiming to be interested in a matter under consideration which is specified or described in the rules are allowed--

(i) to be (either by themselves or by their representatives) present before a relevant group or heard by that group;

(ii) to cross-examine witnesses; or

(iii) otherwise to take part;

(b) as to the extent (if any) to which sittings of a relevant group are to be held in public; and

(c) generally in connection with any matters permitted by rules made under paragraph (a) or (b) (including, in particular, provision for a record of any hearings).

7 Rules may make provision for--

(a) the notification or publication of information in relation to merger investigations, market investigations or special investigations;

(b) consultation about such investigations. "



Section 210

SCHEDULE 13 Listed Directives



Part 1 Directives

1 Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising.

2 Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises.

3 Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit as last amended by Directive 98/7/EC.

4 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts.

6 Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis.

7 Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.

8 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

9 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ("Directive on electronic commerce").



Part 2 Provisions of directives

10 Articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC.

11 Articles 86 to 99 of the Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use.



Sections 238 and 243

SCHEDULE 14 Specified functions

  • Parts 2, 3, 4, 5, 6, 7, 8 and 11 of the Fair Trading Act 1973 (c. 41).

  • Trade Descriptions Act 1968 (c. 29).

  • Prices Act 1974 (c. 24).

  • Consumer Credit Act 1974 (c. 39).

  • Estate Agents Act 1979 (c. 38).

  • Competition Act 1980 (c. 21).

  • Consumer Protection Act 1987 (c. 43).

  • Property Misdescriptions Act 1991 (c. 29).

  • Timeshare Act 1992 (c. 35).

  • Competition Act 1998 (c. 41).

  • Chapter 3 of Part 10 and Chapter 2 of Part 18 of the Financial Services and Markets Act 2000 (c. 8).

  • An order made under section 95 of that Act.



Section 241

SCHEDULE 15 Enactments conferring functions

  • Gun Barrel Proof Act 1868 (cap 113).

  • Gun Barrel Proof Act 1950 (cap 3).

  • Trade Descriptions Act 1968.

  • Unsolicited Goods and Services Act 1971 (c. 30).

  • Fair Trading Act 1973.

  • Hallmarking Act 1973 (c. 43).

  • Prices Act 1974.

  • Consumer Credit Act 1974.

  • Gun Barrel Proof Act 1978 (c. 9).

  • Estate Agents Act 1979.

  • Competition Act 1980.

  • National Audit Act 1983 (c. 44).

  • Telecommunications Act 1984 (c. 12).

  • Companies Act 1985 (c. 6).

  • Weights and Measures Act 1985 (c. 72).

  • Airports Act 1986 (c. 31).

  • Gas Act 1986 (c. 44).

  • Financial Services Act 1986 (c. 60).

  • Consumer Protection Act 1987 (c. 43).

  • Copyright, Designs and Patents Act 1988 (c. 48).

  • Water Act 1989 (c. 15).

  • Electricity Act 1989 (c. 29).

  • Courts and Legal Services Act 1990 (c. 41).

  • Broadcasting Act 1990 (c. 42).

  • Property Misdescriptions Act 1991 (c. 29).

  • Water Industry Act 1991 (c. 56).

  • Water Resources Act 1991 (c. 57).

  • Statutory Water Companies Act 1991 (c. 58).

  • Land Drainage Act 1991 (c. 59).

  • Timeshare Act 1992 (c. 35).

  • Railways Act 1993 (c. 43).

  • Coal Industry Act 1994 (c. 21).

  • Trade Marks Act 1994 (c. 26).

  • Gas Act 1995 (c. 45).

  • Broadcasting Act 1996 (c. 55).

  • Competition Act 1998 (c. 41).

  • Financial Services and Markets Act 2000 (c. 8).

  • Government Resources and Accounts Act 2000 (c. 20).

  • Postal Services Act 2000 (c. 26).

  • Utilities Act 2000 (c. 27).

  • Part 1 of the Transport Act 2000 (c. 38).



Section 248

SCHEDULE 16 Schedule B1 to Insolvency Act 1986



" SCHEDULE B1



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