Enterprise Act 2002

Courts and Legal Services Act 1990 (c. 41)

23 (1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In section 45 (advisory and supervisory functions of Director General of Fair Trading)—

(a) for “Director” (in each place) there is substituted “OFT”;

(b) in subsection (3), for “he” (in both places) and “his” there is substituted “it” and “its” respectively;

(c) in subsection (5), for “he” and “his” there is substituted “it” and “its” respectively;

(d) in subsection (6), for “Director's” there is substituted “OFT's”;

(e) in subsection (7), for “him” (in both places) there is substituted “it”;

(f) in subsection (8), for “Director's” there is substituted “its”;

(g) in the sidenote, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”.

(3) In section 46 (investigatory powers of Director)—

(a) in subsection (1), for “Director” and “him” (in each place) there is substituted “OFT” and “it” respectively;

(b) in the sidenote, for “Director” there is substituted “OFT”;

(c) subsection (3) shall cease to have effect.

(4) After section 46 there is inserted—

“46A Enforcement of notices under section 46

(1) The High Court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under section 46(1).

(2) An application under subsection (1) shall include details of the possible failure which the OFT considers has occurred.

(3) In enquiring into a case under subsection (1), the High Court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.

(4) Subsections (5) and (6) apply where the High Court is satisfied, after hearing any witnesses and statements as mentioned in subsection (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with the notice under section 46(1).

(5) The High Court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

(6) Where the defaulter is a body corporate, the High Court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.

46B Altering, etc. documents required to be produced under section 46

(1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under section 46(1).

(2) A person who commits an offence under subsection (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”

(5) In section 50 (exceptions from restrictions on disclosure), in subsection (2)(m)—

(a) for “Director to discharge any of his” there is substituted “OFT to discharge any of its”;

(b) after sub-paragraph (ix) there is inserted—

“(x) the Enterprise Act 2002;”.

(6) In section 69 (exemption from liability for damages etc.), in subsection (2)—

(a) for “Director” there is substituted “OFT”;

(b) after “him” there is inserted “or it”.

(7) In section 105 (tying-in arrangements: supplemental provisions), in subsection (10), for “Director” there is substituted “OFT”.

(8) In section 107 (tying-in: enforcement)—

(a) for “Director” (in each place) there is substituted “OFT”;

(b) in subsection (5), for “him” and “he” there is substituted “it”.

(9) In section 119(1) (interpretation)—

(a) the definition of “the Director” shall cease to have effect; and

(b) after the definition of “officer” there is inserted—

““the OFT” means the Office of Fair Trading;”.

(10) In Schedule 4 (authorised bodies)—

(a) for “Director” (in each place) there is substituted “OFT”;

(b) in paragraph 3—

(i) in sub-paragraph (2), for “he” there is substituted “it”;

(ii) in sub-paragraph (3), for “his” and “he” (in both places) there is substituted “its” and “it” respectively;

(iii) in sub-paragraph (4), for “him” there is substituted “it”;

(iv) in sub-paragraph (5), for “the Director's” there is substituted “its”;

and in the cross-heading before that paragraph, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”;

(c) in paragraph 12—

(i) in sub-paragraph (3), for “he” there is substituted “it”;

(ii) in sub-paragraph (4), for “his” and “he” (in both places) there is substituted “its” and “it” respectively;

(iii) in sub-paragraph (5), for “him” there is substituted “it”;

(iv) in sub-paragraph (6), for “the Director's” there is substituted “its”;

and in the cross-heading before that paragraph, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”;

(d) in paragraph 20—

(i) in sub-paragraph (2), for “he” there is substituted “it”;

(ii) in sub-paragraph (3), for “his” and “he” (in both places) there is substituted “its” and “it” respectively;

(iii) in sub-paragraph (4), for “him” there is substituted “it”;

(iv) in sub-paragraph (5), for “the Director's” there is substituted “its”;

and in the cross-heading before that paragraph, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”;

(e) in paragraph 28—

(i) in sub-paragraph (2), for “he” there is substituted “it”;

(ii) in sub-paragraph (3), for “his” and “he” (in both places) there is substituted “its” and “it” respectively;

(iii) in sub-paragraph (4), for “him” there is substituted “it”;

(iv) in sub-paragraph (5), for “the Director's” there is substituted “its”;

and in the cross-heading before that paragraph, for “Director General of Fair Trading” there is substituted “Office of Fair Trading”.