- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/05/2015
Point in time view as at 01/08/2014.
Enterprise Act 2002, Part 1 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Pt. 1 title substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 65 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1Pt. 1 function transferred (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 2 (with arts. 2(3), 4)
Textual Amendments
F2S. 1 cross-heading omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 229 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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Textual Amendments
F3Ss. 1-4 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 229 (with savings in s. 28 and S.I. 2014/892, art. 3(7)); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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Textual Amendments
F3Ss. 1-4 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 229 (with savings in s. 28 and S.I. 2014/892, art. 3(7)); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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Textual Amendments
F3Ss. 1-4 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 229 (with savings in s. 28 and S.I. 2014/892, art. 3(7)); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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Textual Amendments
F3Ss. 1-4 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 229 (with savings in s. 28 and S.I. 2014/892, art. 3(7)); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Textual Amendments
F4Words in s. 5 cross-heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 60(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F5CMA] has the function of obtaining, compiling and keeping under review information about matters relating to the carrying out of its functions.
(2)That function is to be carried out with a view to (among other things) ensuring that the [F6CMA] has sufficient information to take informed decisions and to carry out its other functions effectively.
(3)In carrying out that function the [F6CMA] may carry out, commission or support (financially or otherwise) research.
Textual Amendments
F5Word in s. 5(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 60(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Word in s. 5(2)(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 60(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F7CMA] has the function of—
(a)making the public aware of the ways in which competition may benefit consumers in, and the economy of, the United Kingdom; and
(b)giving information or advice in respect of matters relating to any of its functions to the public.
(2)In carrying out those functions the [F7CMA] may—
(a)publish educational materials or carry out other educational activities; or
(b)support (financially or otherwise) the carrying out by others of such activities or the provision by others of information or advice.
Textual Amendments
F7Word in s. 6(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 61 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
(1)The [F8CMA] has the function of—
(a)making proposals, or
(b)giving other information or advice,
on matters relating to any of its functions to any Minister of the Crown or other public authority (including proposals, information or advice as to any aspect of the law or a proposed change in the law).
(2)A Minister of the Crown may request the [F9CMA] to make proposals or give other information or advice on any matter relating to any of its functions; and the [F9CMA] shall, so far as is reasonably practicable and consistent with its other functions, comply with the request.
Textual Amendments
F8Word in s. 7(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 62(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in s. 7(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 62(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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Textual Amendments
F10S. 8 omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 63 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
The [F12CMA] may not under this Part support a public consumer advice scheme, where that support of a scheme consists of providing, or securing the provision of, an arrangement for giving advice without charge to individual consumers on matters personal to them.]
Textual Amendments
F11S. 8A inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 3
F12Word in s. 8A substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 2 (with art. 3)
Section 12 of the Fair Trading Act 1973 (c. 41) (in this Act referred to as “the 1973 Act”) and section 13 of the Competition Act 1980 (c. 21) (powers of Secretary of State to give directions) shall cease to have effect.
(1)The following provisions of the 1973 Act shall cease to have effect—
(a)section 3 and Schedule 2 (which establish, and make provision with respect to, the Consumer Protection Advisory Committee);
(b)sections 13 to 21 (which relate to references made to, and reports of, that Committee); and
(c)section 22 (power of Secretary of State to make orders in pursuance of a report of that Committee).
F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If the orders saved by subsection (2)(a) have been revoked, the Secretary of State may by order—
(a)repeal any unrepealed provision of Part 2 of the 1973 Act and subsection (2) above; and
(b)make such other consequential modifications of any Act or subordinate legislation (whenever passed or made) as he thinks fit.
(4)An order under subsection (3)—
(a)may make transitional or saving provision in connection with any modification made by the order; and
(b)shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F13S. 10(2) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 1, Sch. 2 para. 69, Sch. 4 Pt. 1 (with reg. 28(2)(3))
(1)This section applies where a designated consumer body makes a complaint to the [F14CMA] that any feature, or combination of features, of a market in the United Kingdom for goods or services is or appears to be significantly harming the interests of consumers.
(2)The [F14CMA] must, within 90 days after the day on which it receives the complaint, publish a response stating how it proposes to deal with the complaint, and in particular—
(a)whether it has decided to take any action, or to take no action, in response to the complaint, and
(b)if it has decided to take action, what action it proposes to take.
(3)The response must state the [F15CMA's] reasons for its proposals.
(4)The Secretary of State may by order amend subsection (2) by substituting any period for the period for the time being specified there.
(5)“Designated consumer body” means a body designated by the Secretary of State by order.
(6)The Secretary of State—
(a)may designate a body only if it appears to him to represent the interests of consumers of any description, and
(b)must publish (and may from time to time vary) other criteria to be applied by him in determining whether to make or revoke a designation.
(7)The [F16CMA] —
(a)must issue guidance as to the presentation by the complainant of a reasoned case for the complaint, and
(b)may issue such other guidance as appears to it to be appropriate for the purposes of this section.
(8)An order under this section—
(a)shall be made by statutory instrument, and
(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9)In this section—
(a)references to a feature of a market in the United Kingdom for goods or services have the same meaning as if contained in Part 4, and
(b)“consumer” means an individual who is a consumer within the meaning of that Part.
Textual Amendments
F14Word in s. 11(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15Word in s. 11(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F16Word in s. 11(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 64(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C2S. 11 (except s. 11(7)(a)) applied in part (20.6.2003) by The Enterprise Act 2002 (Super-complaints to Regulators) Order 2003 (S.I. 2003/1368), art. 2
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