The Enterprise Act 2002 (Supply of Services) Order 2003

Statutory Instruments

2003 No. 1594

COMPETITION

CONSUMER PROTECTION

The Enterprise Act 2002 (Supply of Services) Order 2003

Made

17th June 2003

Coming into force

20th June 2003

Whereas the Secretary of State laid the draft of this Order before Parliament;

And whereas that draft has been approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State in exercise of the powers conferred on her by sections 124(2), 128(6) (and that section as applied by section 183(2)), 181(2) and 234(6) of the Enterprise Act 2002(1), hereby makes the following Order.

Citation and commencement

1.  This Order may be cited as the Enterprise Act 2002 (Supply of Services) Order 2003 and shall come into force on 20th June 2003.

Permitting or making arrangements to permit the use of land

2.—(1) For the purposes of Parts 3, 4 and 8 of the Enterprise Act 2002, “the supply of services” includes:

(a) permitting or making arrangements to permit a person to put or keep on land a caravan (within the meaning of Part I of the Caravan Sites and Control of Development Act 1960(2)) other than arrangements by virtue of which the person may occupy the caravan as his only or main residence;

(b) permitting or making arrangements to permit a person to park a motor vehicle (within the meaning of the Road Traffic Act 1988(3)) on a place other than a highway, or in Scotland on a place other than a road (within the meaning of the Roads (Scotland) Act 1984(4)).

(2) For the purposes of Parts 3 and 4 of the Enterprise Act 2002, “the supply of services” also includes:

(a) permitting or making arrangements to permit the use by public service vehicles (within the meaning of the Public Passenger Vehicles Act 1981(5)) of a parking place which is used as a point at which passengers on services provided by means of such vehicles may be taken up or set down;

(b) permitting or making arrangements to permit the use of the tunnel system (within the meaning of the Channel Tunnel Act 1987(6)) by a person operating services for the carriage of passengers or goods by rail; and

(c) permitting or making arrangements to permit the use of network services and station services within the meaning of Part I of the Railways Act 1993(7).

Gerry Sutcliffe,

Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,

Department of Trade and Industry

17th June 2003

Explanatory Note

(This note is not part of the Order)

This Order specifies the circumstances in which permitting or making arrangements to permit the use of land will be regarded as a supply of services for the purposes of Parts 3, 4 and 8 of the Enterprise Act 2002.

The arrangements specified for the purposes of Parts 3, 4 and 8 relate to permitting the use of caravan sites and car parks. Additional arrangements specified for the purposes only of Parts 3 and 4 relate to the use of bus stations, the Channel Tunnel System and railway stations and networks.

(1)

2002 c. 40.

(2)

1960 c. 62.

(3)

1988 c. 52.

(4)

1984 c. 54.

(5)

1981 c. 14.

(6)

1987 c. 53.

(7)

1993 c. 43.