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Enterprise Act 2002 is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date.
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Part 1 General functions of the CMA
Part 2 The Competition Appeal Tribunal
Chapter 1 Duty to make references
Cases referred by European Commission under EC Merger Regulation
35. Questions to be decided in relation to completed mergers
36. Questions to be decided in relation to anticipated mergers
37. Cancellation and variation of references under section 22 or 33
38. Investigations and reports on references under section 22 or 33
41. Duty to remedy effects of completed or anticipated mergers
Chapter 2 Public interest cases
Cases referred by European Commission under the EC Merger Regulation
Part 4 Market Studies and Market Investigations
Chapter 1 Market Studies and market investigation references
Chapter 2 Public interest cases
Intervention notices under section 139(1)
140A.Section 139(1) intervention notices: Secretary of State's duty to refer
140B.Variation of restricted PI references and full PI references
141. Restricted PI references: questions to be decided by CMA
141B.Full PI references: power of Secretary of State to appoint expert
145. Restrictions where public interest considerations not finalised: Part 4
146. Restricted PI references: decision of Secretary of State
147. Restricted PI references: remedial action by Secretary of State
147A.Full PI references: remedial action by Secretary of State
148. Restricted PI references: reversion of the matter to CMA
Part 7 Miscellaneous Competition Provisions
SCHEDULES
10.Tribunal rules may make different provision for different kinds of...
11.(1) Tribunal rules may make provision as to the period...
12.Tribunal rules may provide for the Tribunal to reject any...
14.Tribunal rules may provide for the Tribunal to reject any...
15.Tribunal rules must ensure that no proceedings are rejected without...
24.Tribunal rules may make provision— (a) for a person who...
25.Tribunal rules may make provision for the Tribunal to transfer...
26.Tribunal rules may make provision in connection with the transfer...
Enforcement regime for public interest and special public interest cases
2.(1) Sub-paragraph (2) applies where an intervention notice or special...
4.(1) The relevant authority shall not make a reference under...
5.(1) Sub-paragraph (2) applies where the Secretary of State considers...
6.(1) Sub-paragraph (2) applies where— (a) the Secretary of State...
7.Statutory restrictions following reference under section 45 or 62
8.(1) Sub-paragraph (2) applies where— (a) a reference has been...
10.(1) Sub-paragraph (2) applies where the Secretary of State considers...
11.(1) The Secretary of State may, in accordance with section...
Provision that may be contained in certain enforcement orders
3.(1) An order may prohibit the withholding from any person...
5.An order may prohibit— (a) discrimination between persons in the...
7.An order may prohibit— (a) charging, for goods or services...
16.An order may prohibit any person from notifying (whether by...
19.An order may— (a) require any person to supply information...
Certain amendments of sectoral enactments
Part 1 Power of enforcement orders to amend licence conditions etc.
Part 2 Application of Part 4 of this Act to sectoral regulators
Procedural requirements for certain enforcement undertakings and orders
2.(1) Before accepting an undertaking to which this paragraph applies...
3.(1) If, after giving notice under paragraph 2(1) or (4),...
4.As soon as practicable after accepting an undertaking to which...
5.(1) The requirements of paragraph 2(4) (and those of paragraph...
7.(1) Before releasing an undertaking to which this paragraph applies...
8.As soon as practicable after releasing the undertaking or making...
2.In paragraph 1 (interpretation), after the definition of “newspaper merger...
3.In paragraph 2 (appointment of members)— (a) in sub-paragraph (1)(c),...
4.In paragraph 5 (the Council)— (a) in sub-paragraph (1), the...
5.In paragraph 6 (terms of appointment)— (a) in sub-paragraph (2),...
6.Paragraph 7(4) (approval of Treasury) shall cease to have effect....
7.Before paragraph 8 there is inserted— The Commission may publish advice and information in relation to...
8.In paragraph 9 (staff)— (a) sub-paragraph (2), and in sub-paragraph...
10.(1) Paragraph 15 (discharge of certain functions by groups) is...
11.(1) Paragraph 20 (requirement for two-thirds majority on reports) is...
Listed Directives and Regulations
Part 1 Directives and Regulations
2.Council Directive 85/577/EEC of 20 December 1985 to protect the...
4.Council Directive 90/314/EEC of 13 June 1990 on package travel,...
5.Council Directive 93/13/EEC of 5 April 1993 on unfair terms...
6.Directive 94/47/ EC of the European Parliament and of the...
7.Directive 97/7/EC of the European Parliament and of the Council...
7B.Directive 98/6/ EC of the European Parliament and of the...
8.Directive 1999/44/EC of the European Parliament and of the Council...
9.Directive 2000/31/EC of the European Parliament and of the Council...
9A.Directive 2002/65/ EC of the European Parliament and of the...
9B.Regulation ( EC ) No. 261/2004 of the European Parliament...
9C.Directive 2005/29/ EC of the European Parliament and of the...
9D.Directive 2006/123/ EC of the European Parliament and of the...
9D.Directive 2008/48/ EC of the European Parliament and of the...
9E.Directive 2008/122/ EC of the European Parliament and of the...
9F.Directive 2011/83/ EU of the European Parliament and of the...
Administration: minor and consequential amendments
7.In section 652B(3) (duty when applying to strike off defunct...
8.In section 652C(4) (director’s duty following application to strike off...
10.In section 1 (proposal for company voluntary arrangement)—
11.In section 5(3) (approval of company voluntary arrangement)—
12.In section 6(2)(c) (challenge of decision in relation to company...
13.In section 51 (power to appoint receiver: Scotland) after subsection...
14.At the end of section 100 (creditors’ voluntary winding up...
15.At the end of section 127 (winding-up: avoidance of property...
16.After section 129(1) (commencement of winding up) insert—
17.In section 140 (appointment by court of liquidator following administration...
18.In section 212 (misfeasance of officers)— (a) in subsection (1)(b)...
19.Section 230(1) (administrator to be qualified insolvency practitioner) shall cease...
20.In section 231(1) and (2) (appointment to office of two...
21.In section 232 (validity of office-holder’s act) omit the word...
22.In section 233 (utility supplies)— (a) for subsection (1)(a) substitute—...
23.For section 234(1)(a) (getting in the company’s property) substitute—
24.For section 235(4)(a) (co-operation with office-holder) substitute—
25.For section 238(1)(a) (transactions at an undervalue: England and Wales)...
26.(1) Section 240 (relevant time for sections 238 and 239)...
27.(1) Section 241 (order under section 238 or 239) shall...
28.(1) Section 242 (gratuitous alienations: Scotland) shall be amended as...
29.(1) Section 243 (unfair preferences: Scotland) shall be amended as...
30.In section 244(2) (extortionate credit transaction) for “the day on...
31.(1) Section 245 (avoidance of floating charge) shall be amended...
32.For section 246(1)(a) (unenforceability of lien on records) substitute—
33.(1) Section 247 (meaning of “insolvency” and “go into liquidation”)...
34.(1) Section 387 (preferential debts: “the relevant date”) shall be...
36.In section 424(1)(a) (application for order in relation to transaction...
37.(1) Schedule A1 (moratorium where directors propose voluntary arrangement) shall...
38.(1) Schedule 8 (scope of insolvency rules) shall be amended...
39.(1) Schedule 10 (punishment of offences) shall be amended as...
41.In section 6 (duty of court to disqualify unfit director...
42.In section 7(3) (duty of office-holder to report to Secretary...
45.In section 161(4) (disapplication of enactments to default proceedings) for...
46.After section 167(1) (application by exchange or clearing house about...
47.(1) Section 175 (financial markets: administration) shall be amended as...
54.(1) Section 215 (provision of Financial Services Compensation Scheme in...
55.For section 359 (administration order) substitute— Administration order (1) The Authority may make an administration application under Schedule...
56.For section 361 (administrator to report to Authority) substitute— Administrator’s...
57.In section 362 (Financial Services Authority’s right to participate in...
58.After section 362 insert— Administrator appointed by company or directors...
59.In section 427A(3) (mergers and divisions of public companies) for...
Individual insolvency: minor and consequential amendments
2.Section 275 (bankruptcy: summary administration) shall cease to have effect....
3.In section 280(1) (bankruptcy: discharge by order of court)—
4.In section 282 (annulment of bankruptcy)— (a) in subsection (4)...
5.For section 291(4) (co-operation with official receiver) substitute—
6.In section 292(1)(a) (trustee in bankruptcy: power to appoint) omit...
7.In section 293(1) (trustee in bankruptcy: meeting to appoint) omit...
8.In section 294(1) (power of creditors to requisition meeting) omit...
9.In section 297 (trustee: special cases)— (a) omit subsections (2)...
10.Omit section 298(3) (removal of trustee: summary administration).
11.In section 300 (trustee: vacancy)— (a) omit subsection (5), and...
12.In section 354(3) (concealment of property) after “the official receiver”...
13.At the end of section 355 (concealment and falsification of...
14.In the following provisions of section 399 (appointment of official...
15.In section 429(2)(b) (disability imposed on revoking administration order under...
16.(1) Schedule 9 (scope of insolvency rules) shall be amended...
17.In Schedule 10 (punishment of offences)— (a) in the entry...
Transitional and transitory provisions and savings
1.Operation of references to OFT before commencement of section 2(3)
5.Last annual report of the Director General of Fair Trading
7.First President and Registrar of the Competition Appeal Tribunal
8.The person who is Registrar of Appeal Tribunals (under paragraph...
9.Any person who is a member of the Competition Commission...
10.Any member of the Competition Commission appeal panel who is,...
Minor and consequential amendments
12.Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
17.Consumer Protection (Northern Ireland) Order 1987 (S.I. 1987/2049 (N.I. 20))
22.Companies (Northern Ireland) Order 1989 (S.I. 1990/593 (N.I. 5))
28.Electricity (Northern Ireland) Order 1992 (S.I. 1992/231 (N.I. 1))
33.Airports (Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1))
36.Gas (Northern Ireland) Order 1996 (S.I. 1996/275 (N.I. 2))
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