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Enterprise Act 2002 (c. 40)(The document as of February, 2008) Page 30 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 Monopoly references14 (1) Subject to paragraphs 15 to 18, the old law shall continue to apply in relation to any monopoly reference made before the appointed day under section 50 or 51 of the 1973 Act. (2) No person has to comply on or after the appointed day with a requirement imposed before that day under section 44 of the 1973 Act. (3) In this paragraph--
Enforcement undertakings and orders15 (1) Section 94(1) to (6) shall apply in relation to any undertaking-- (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown-- (i) in pursuance of a proposal under section 56A of the 1973 Act; or (ii) under section 56F, 75G or 88 of that Act; and (b) of a description specified in an order made by the Secretary of State under this paragraph; as it applies in relation to enforcement undertakings under Part 3. (2) Section 94(1) to (6) shall apply in relation to any order made by a Minister of the Crown under section 56, 73, 74, 75K or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph as it applies in relation to enforcement orders under Part 3. (3) Compliance with-- (a) an undertaking accepted by a Minister of the Crown under section 88 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph; or (b) an order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph; shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy. (4) Sub-paragraph (3) and section 94(6) as applied by virtue of sub-paragraph (1) or (2) shall not prejudice any right that a person may have by virtue of section 94(4) as so applied to bring civil proceedings for contravention or apprehended contravention of an undertaking or order. (5) Sections 93 and 93A of the 1973 Act shall accordingly cease to apply in relation to undertakings and orders to which sub-paragraphs (1) to (3) above apply. 16 (1) Sub-paragraph (2) applies to any undertaking-- (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown-- (i) in pursuance of a proposal under section 56A of the 1973 Act; or (ii) under section 56F, 75G or 88 of that Act; and (b) of a description specified in an order made by the Secretary of State under this paragraph. (2) An undertaking to which this sub-paragraph applies may be-- (a) superseded by a new undertaking accepted by the relevant authority under this paragraph; (b) varied by an undertaking accepted by the relevant authority under this paragraph; or (c) released by the relevant authority. (3) Subject to sub-paragraph (4) and any provision made under section 276(2), the power of the relevant authority under this paragraph to supersede, vary or release an undertaking is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to supersede, vary or release the undertaking would be exercisable under the 1973 Act. (4) The duty under section 75J(b) of the 1973 Act to give advice shall be a duty of the OFT to consider what action (if any) it should take. (5) Where the relevant authority has the power by virtue of this paragraph to supersede, vary or release an undertaking accepted by a Minister of the Crown-- (a) in pursuance of a proposal under section 56A of the 1973 Act; or (b) under section 56F, 75G or 88 of that Act; the Minister concerned shall accordingly cease to have the power under that Act to supersede, vary or release the undertaking. (6) In this paragraph "the relevant authority" means-- (a) in the case of an undertaking accepted in pursuance of a proposal under section 56A of the 1973 Act or an undertaking under section 56F or 75G of that Act, the OFT; and (b) in the case of an undertaking accepted under section 88 of that Act, the Commission. 17 (1) Any order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the Commission under this paragraph. (2) Any order made by a Minister of the Crown under section 75K of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the OFT under this paragraph. (3) Subject to sub-paragraph (4) and any provision made under section 276(2), the power of the Commission to make an order under sub-paragraph (1), and the power of the OFT to make an order under sub-paragraph (2), is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to make a corresponding varying or revoking order under the 1973 Act would be exercisable. (4) The power of the Commission to make an order under sub-paragraph (1), and the power of the OFT to make an order under sub-paragraph (2), shall not be exercisable by statutory instrument and shall not be subject to the requirements of section 134(1) of the 1973 Act. (5) Where the Commission or the OFT has the power by virtue of this paragraph to vary or revoke an order made by a Minister of the Crown under section 56, 73, 74, 75K or 89 of the 1973 Act, the Minister concerned shall accordingly cease to have the power to do so under that Act. 18 (1) Section 94(1) to (6) shall apply in relation to undertakings accepted under paragraph 16 and orders made under paragraph 17 as it applies in relation to enforcement undertakings and enforcement orders under Part 3. (2) Compliance with an undertaking accepted by the Commission under paragraph 16 or an order made by it under paragraph 17 shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy. (3) Sub-paragraph (2) and section 94(6) as applied by virtue of sub-paragraph (1) shall not prejudice any right that a person may have by virtue of section 94(4) as so applied to bring civil proceedings for contravention or apprehended contravention of an undertaking or order. Paragraphs 13 to 18: supplementary provision19 (1) In paragraphs 13 to 18 "the appointed day" means such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes. (2) An order made by the Secretary of State under paragraph 15, 16 or 17-- (a) may make different provision for different purposes; and (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Designation orders under Schedule 4 to the 1998 Act20 (1) Subject to sub-paragraph (2), the repeals made by section 207 do not affect-- (a) the operation of Schedule 4 to the 1998 Act in relation to any application for designation of a professional rule which is made before the commencement date; (b) the operation of section 3(1)(d) of and Schedule 4 to the 1998 Act in relation to any designation effected by an order made before the commencement date or on an application mentioned in paragraph (a). (2) No designation order (whenever made) shall have any effect in relation to any period of time after the end of the transitional period. (3) Subject to sub-paragraph (2) a designation order may be made after the end of the transitional period on an application mentioned in sub-paragraph (1)(a). (4) For the purposes of this paragraph--
Proceedings under Part 3 of the 1973 Act21 The repeal of section 133(3) of the 1973 Act does not affect any right to disclose information for the purposes of any proceedings before the Restrictive Practices Court to which paragraph 42 of Schedule 13 to the 1998 Act applies. Supplementary22 Any provision made by any of paragraphs 1 to 21 shall not apply if, and to the extent that, an order under section 276(2) makes alternative provision or provides for it not to apply. Section 278 SCHEDULE 25 Minor and consequential amendmentsRegistered Designs Act 1949 (c. 88)1 (1) The Registered Designs Act 1949 is amended as follows. (2) In section 11A(1) (powers exercisable in consequence of report of Competition Commission), paragraphs (a) and (b) shall cease to have effect. (3) After section 11A there is inserted-- " 11AB Powers exercisable following merger and market investigations(1) Subsection (2) below applies where-- (a) section 41(2), 55(2), 66(6), 75(2), 83(2), 138(2), 147(2) or 160(2) of, or paragraph 5(2) or 10(2) of Schedule 7 to, the Enterprise Act 2002 (powers to take remedial action following merger or market investigations) applies; (b) the Competition Commission or (as the case may be) the Secretary of State considers that it would be appropriate to make an application under this section for the purpose of remedying, mitigating or preventing a matter which cannot be dealt with under the enactment concerned; and (c) the matter concerned involves conditions in licences granted in respect of a registered design by its proprietor restricting the use of the design by the licensee or the right of the proprietor to grant other licences. (2) The Competition Commission or (as the case may be) the Secretary of State may apply to the registrar to take action under this section. (3) Before making an application the Competition Commission or (as the case may be) the Secretary of State shall publish, in such manner as it or he thinks appropriate, a notice describing the nature of the proposed application and shall consider any representations which may be made within 30 days of such publication by persons whose interests appear to it or him to be affected. (4) The registrar may, if it appears to him on an application under this section that the application is made in accordance with this section, by order cancel or modify any condition concerned of the kind mentioned in subsection (1)(c) above. (5) An appeal lies from any order of the registrar under this section. (6) References in this section to the Competition Commission shall, in cases where section 75(2) of the Enterprise Act 2002 applies, be read as references to the Office of Fair Trading. (7) References in section 35, 36, 47, 63, 134 or 141 of the Enterprise Act 2002 (questions to be decided by the Competition Commission in its reports) to taking action under section 41(2), 55, 66, 138 or 147 shall include references to taking action under subsection (2) above. (8) An order made by virtue of this section in consequence of action under subsection (2) above where an enactment mentioned in subsection (1)(a) above applies shall be treated, for the purposes of sections 91(3), 92(1)(a), 162(1) and 166(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc.), as if it were made under the relevant power in Part 3 or (as the case may be) 4 of that Act to make an enforcement order (within the meaning of the Part concerned). " Agricultural Marketing Act 1958 (c. 47)2 (1) The Agricultural Marketing Act 1958 is amended as follows. (2) In section 19A (action following report by Commission)-- (a) for subsection (1) there is substituted-- " (1) Subsection (2) applies in any of the following cases. (1A) The first case is where section 138(2) of the Enterprise Act 2002 (duty to remedy adverse effects following market investigation reference) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme. (1B) The second case is where section 147(2) of the Enterprise Act 2002 (power to remedy adverse effects in public interest cases) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme. (1C) The third case is where-- (a) a report of the Competition Commission under section 11 of the Competition Act 1980 (c. 21) (references of public bodies etc.), as laid before Parliament, contains conclusions to the effect that-- (i) certain matters indicated in the report operate against the public interest, and (ii) those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme, and (b) none of the conclusions is to be disregarded by virtue of section 11C(3) of that Act (requirement for two-thirds majority). " ; (b) in subsection (2)-- (i) the words from the beginning of the subsection to "this section" shall cease to have effect; (ii) for the words from "those conclusions" to the end of the subsection there is substituted "a report of a committee of investigation had contained the conclusion that the provision of the scheme in question, or the act or omission in question, is contrary to the interests of consumers of the regulated product"; (c) after subsection (2) there is inserted-- " (3) An order made by virtue of this section in a case mentioned in subsection (1A) or (1B) shall be treated, for the purposes of sections 162(1) and 166(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc.), as if it were made under the relevant power in Part 4 of that Act to make an enforcement order (within the meaning of that Part). " (3) For the purposes of the Scotland Act 1998 (c. 46) the amendments made by sub-paragraph (2) shall be taken to be pre-commencement enactments within the meaning of that Act. (4) In section 47(2) (restrictions on disclosing certain information obtained under Act), in paragraph (aa) of the proviso-- (a) for "the Director General of Fair Trading or any of the staff appointed by that Director General" there is substituted "the Office of Fair Trading"; (b) for "the Director General to perform any functions of theirs or his" there is substituted "the Office of Fair Trading to perform any functions of theirs or its"; (c) at the end there is inserted "or the Enterprise Act 2002". Public Records Act 1958 (c. 51)3 (1) The Public Records Act 1958 is amended as follows. (2) In Part 2 of the Table at the end of paragraph 3 of Schedule 1 (definition of public records)-- (a) the entry relating to the Office of the Director General of Fair Trading shall cease to have effect; (b) the following entries are inserted at the appropriate places-- " Competition Service " " Office of Fair Trading. " Superannuation Act 1972 (c. 11)4 (1) The Superannuation Act 1972 is amended as follows. (2) In Schedule 1 (kinds of employment in relation to which pension schemes may be made), in the list of "Other Bodies", there is inserted at the appropriate place-- " The Competition Service. " Fair Trading Act 1973 (c. 41)5 (1) The 1973 Act is amended as follows. (2) In section 5 (principal functions of Commission), in subsection (2)-- (a) for "the Director" there is substituted "the Office of Fair Trading"; (b) for "his" (in each place) there is substituted "its". (3) Sections 34 to 42 (additional functions of Director for protection of consumers) shall cease to have effect. (4) In section 93B (false or misleading information)-- (a) in subsection (1)-- (i) for "the Director" there is substituted "the Office of Fair Trading"; (ii) for "Parts IV, V, VI" there is substituted "Part 5"; (iii) the words "or under the Competition Act 1980" shall cease to have effect; (b) after subsection (4) there is inserted-- " (5) This section shall not have effect in relation to the furnishing of information to the Commission in connection with its functions under any provision of the Enterprise Act 2002 as applied by virtue of section 13B of the Telecommunications Act 1984 or section 44B of the Airports Act 1986. " Consumer Credit Act 1974 (c. 39)6 (1) The Consumer Credit Act 1974 is amended as follows. (2) In section 1 (general functions of Director)-- (a) in subsection (1)-- (i) for "the Director General of Fair Trading ("the Director")" there is substituted "the Office of Fair Trading ("the OFT")"; (ii) for "him" there is substituted "it"; (iii) for "himself" there is substituted "itself"; (b) in subsection (2)-- (i) for "Director" there is substituted "OFT"; (ii) for "him" there is substituted "it"; (c) in the sidenote, for "Director" there is substituted "OFT"; and in the heading before that section, for "DIRECTOR GENERAL OF FAIR TRADING" there is substituted "OFFICE OF FAIR TRADING". (3) In section 2 (powers of Secretary of State)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsections (1)(b) and (2), for "his" there is substituted "its"; (c) in subsection (4), for "him" there is substituted "it". (4) In section 4 (dissemination of information and advice)-- (a) for "Director" there is substituted "OFT"; (b) for "he", "him" and "his" there is substituted "it", "it" and "its" respectively. (5) In section 6 (form etc. of applications)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (3), for "him" there is substituted "it". (6) In section 7 (penalty for false information), for "Director" (in each place) there is substituted "OFT". (7) In section 22 (standard and group licences)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (1)(b), for "his" and "he" there is substituted "its" and "it" respectively; (c) in subsection (5), for "him" there is substituted "it". (8) In section 25 (licensee to be a fit person)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (2), for "him" there is substituted "it". (9) In section 27 (determination of applications)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (1)-- (i) for "he" (in both places) there is substituted "it"; (ii) in paragraph (a), for "his" there is substituted "its"; (c) in subsection (2), for "him" (in both places) there is substituted "it". (10) In section 28 (exclusion from a group licence)-- (a) for "Director" (in both places) there is substituted "OFT"; (b) for "he" there is substituted "it"; (c) in paragraph (a), for "his" there is substituted "its". (11) In section 29 (renewal)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (2), for "his" there is substituted "its". (12) In section 30 (variation by request)-- (a) for "Director" and "he" (in each place) there is substituted "OFT" and "it" respectively; (b) in subsection (4)(a), for "his" there is substituted "its". (13) In section 31 (compulsory variation)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (1), for "he" (in both places) there is substituted "it"; (c) in subsection (2)(a), for "his" there is substituted "its"; (d) in subsection (3), for "he", "his" and "him" there is substituted respectively "it", "its" and "it" respectively; (e) in subsection (4)(a), for "his" there is substituted "its". (14) In section 32 (suspension and revocation)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (1), for "he" (in both places) there is substituted "it"; (c) in subsection (2)(a), for "his" there is substituted "its"; (d) in subsection (3), for "he", "his" and "him" there is substituted "it", "its" and "it" respectively; (e) in subsection (4)(a), for "his" there is substituted "its"; (f) in subsection (5), for "he" there is substituted "it"; (g) in subsection (8), for "him" there is substituted "it". (15) In section 33 (application to end suspension)-- (a) for "Director" and "he" (in each place) there is substituted "OFT" and "it" respectively; (b) in subsection (2)(a), for "his" there is substituted "its". (16) In section 34 (representations to Director)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsections (2) and (3), for "his" there is substituted "its". (17) In section 35 (the register)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsections (1) and (4), for "he" there is substituted "it"; (c) in subsection (1)(c), for "him" there is substituted "it". (18) In section 36 (duty to notify changes)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (6), for "him" there is substituted "it". (19) In section 39 (offences against Part 3), for "Director" there is substituted "OFT". (20) In section 40 (enforcement of agreements made by unlicensed trader)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (3)-- (i) for "he" (in both places) there is substituted "it"; (ii) in paragraph (a), for "his" there is substituted "its"; (c) in subsection (5), for "he" there is substituted "it". (21) In section 41 (appeals to Secretary of State under Part 3), in subsection (1), for "Director" there is substituted "OFT". (22) In section 49 (prohibition of canvassing debtor-creditor agreements off trade premises), for "Director" (in each place) there is substituted "OFT". (23) In section 60 (form and content of agreements), in subsections (3) and (4), for "Director" (in each place) and "he" (in each place) there is substituted "OFT" and "it" respectively. (24) In section 64 (duty to give notice of cancellation rights), for "Director" (in each place) there is substituted "OFT". (25) In section 74 (exclusion of certain agreements from Part 5)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (3A), for "he" there is substituted "it". (26) In section 101 (right to terminate hire agreement), in subsection (8), for "Director" (in each place) and "he" there is substituted "OFT" and "it" respectively. (27) In section 113 (Act not to be evaded by use of security), in subsection (2), for "Director" there is substituted "OFT". (28) In section 148 (agreement for services of unlicensed trader)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (3)-- (i) for "he" (in both places) there is substituted "it"; (ii) in paragraph (a), for "his" there is substituted "its"; (c) in subsection (5), for "he" there is substituted "it". (29) In section 149 (regulated agreements made on introductions by unlicensed credit-broker)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (3)-- (i) for "he" (in both places) there is substituted "it"; (ii) in paragraph (a), for "his" there is substituted "its"; (c) in subsection (5), for "he" there is substituted "it". (30) In section 159 (correction of wrong information), for "Director" there is substituted "OFT". (31) In section 160 (alternative procedure for business consumers)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) in subsection (1), for "he" there is substituted "it". (32) In section 161 (enforcement authorities)-- (a) for "Director" (in each place) there is substituted "OFT"; (b) subsection (2) (requirement to notify Director of intended prosecution) is omitted; (c) in subsection (3), for "he" and "him" there is substituted "it". (33) In section 162 (powers of entry and inspection), in subsection (5), for "Director" there is substituted "OFT". (34) In section 166 (notification of convictions and judgments to Director), for "Director" (in each place), "Director's" and "his" there is substituted "OFT", "OFT's" and "its" respectively. (35) In section 170 (no further sanctions for breach of Act), for "his", "Director" and "him" there is substituted "its", "OFT" and "it" respectively. (36) In section 173 (contracting-out forbidden), in subsection (3), for "Director" there is substituted "OFT". (37) In section 183 (determinations etc. by Director), for "Director" (in both places) and "him" there is substituted "OFT" and "it" respectively. (38) In section 189 (general interpretation provisions)-- (a) in subsection (1)-- (i) the definition of "Director" shall cease to have effect; (ii) in the definition of "general notice", for "Director" and "him" there is substituted "OFT" and "it" respectively; (iii) after the definition of "notice of cancellation" there is inserted-- " "OFT" means the Office of Fair Trading; " ; (iv) in the definition of "register", for "Director" there is substituted "OFT"; (b) in subsection (5), for "Director" (in both places) there is substituted "OFT". (39) In section 191 (special provisions as to Northern Ireland)-- (a) for "Director" (in both places) there is substituted "OFT"; Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31 | P.32 | P.33 | P.34 | P.35 | P.36 | P.37 | P.38 | P.39 -- Back --
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