Legalize / United Kingdom / Enterprise Act 2002 / History

Reform history

Enterprise Act 2002

100 versions · 2002-11-07

2026-04-06

Enterprise Act 2002

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2026-01-31

Enterprise Act 2002

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2026-01-27

Enterprise Act 2002

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2025-07-24

Enterprise Act 2002

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2025-07-21

Enterprise Act 2002

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Changes on 2025-07-21

@@ -10,7 +10,7 @@

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Full PI references: publication etc of reports of CMA

#### Restricted PI references: publication

##### 2

@@ -192,7 +192,7 @@

- (5) Schedule 2 (which makes further provision about the Tribunal) has effect.

#### The Competition Service

#### Rights treated as held by person who is able to control their exercise

##### 13

@@ -289,7 +289,7 @@

> (2) A person may make an appeal under subsection (1) only if the Tribunal considers that he has a sufficient interest in the decision with respect to which the appeal is made, or that he represents persons who have such an interest.

> (3) The making of an appeal under this section does not suspend the effect of the decision to which the appeal relates.

#### Competition Act 1980 (c. 21)

#### Electricity Act 1989 (c. 29)

##### 18

@@ -3520,7 +3520,7 @@

- (ii) ... the day which is the relevant day in the case in question for the purposes of section 110A.

- (iii) in a case where the penalty is imposed in connection with the provision by the CMA of assistance to an overseas regulator (see [Chapter 2](https://www.legislation.gov.uk/ukpga/2002/40/part/5/chapter/2/2025-02-24) of [Part 5](https://www.legislation.gov.uk/ukpga/2002/40/part/5/2025-02-24) of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.

- (iii) in a case where the penalty is imposed in connection with the provision by the CMA of assistance to an overseas regulator (see [Chapter 2](https://www.legislation.gov.uk/ukpga/2002/40/part/5/chapter/2/2025-07-21) of [Part 5](https://www.legislation.gov.uk/ukpga/2002/40/part/5/2025-07-21) of the Digital Markets, Competition and Consumers Act 2024), the day on which the overseas regulator no longer requires that assistance.

- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

@@ -3992,9 +3992,9 @@

- (a) in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of documents, that address;

- (b) in any other case, the address determined in accordance with [subsection (7)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/2025-02-24).

- (7) A person’s “proper address” is (if [subsection (6)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/6/2025-02-24)[(a)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/6/a/2025-02-24) does not apply)—

- (b) in any other case, the address determined in accordance with [subsection (7)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/2025-07-21).

- (7) A person’s “proper address” is (if [subsection (6)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/6/2025-07-21)[(a)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/6/a/2025-07-21) does not apply)—

- (a) in the case of a body corporate, its registered or principal office;

@@ -4002,7 +4002,7 @@

- (c) in the case of an unincorporated body or association, the principal office of the body or association;

- (d) in a case where none of [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/a/2025-02-24) to [(c)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/c/2025-02-24) apply, any address at which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of the person.

- (d) in a case where none of [paragraphs (a)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/a/2025-07-21) to [(c)](https://www.legislation.gov.uk/ukpga/2002/40/section/332/7/c/2025-07-21) apply, any address at which the CMA, OFCOM or the Secretary of State believes, on reasonable grounds, that the document will come to the attention of the person.

- (8) A person’s email address is—

@@ -6713,183 +6713,25 @@

##### 210

- (1) In this Part references to consumers must be construed in accordance with this section.

- (2) In relation to a domestic infringement a consumer is an individual in respect of whom the first and second conditions are satisfied.

- (3) The first condition is that—

- (a) goods are or are sought to be supplied to the individual (whether by way of sale or otherwise) in the course of a business carried on by the person supplying or seeking to supply them, or

- (b) services are or are sought to be supplied to the individual in the course of a business carried on by the person supplying or seeking to supply them.

- (4) The second condition is that—

- (a) the individual receives or seeks to receive the goods or services otherwise than in the course of a business carried on by him, or

- (b) the individual receives or seeks to receive the goods or services with a view to carrying on a business but not in the course of a business carried on by him.

- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (6) In relation to a Schedule 13 infringement a consumer is a person who is a consumer for the purposes of the listed enactment concerned.

- (6A) An enactment is a listed enactment if it is specified in Schedule 13 or to the extent that it is so specified.

- (6B) References to an enactment include—

- (a) references to subordinate legislation (within the meaning of the Interpretation Act 1978);

- (b) for the purposes of paragraph 6 of Schedule 13, references to a rule of law in Scotland;

- (c) for the purposes of paragraph 16 of Schedule 13, references to rules forming part of the law of any part of the United Kingdom made other than under an Act.

- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (8) A business includes—

- (a) a professional practice;

- (b) any other undertaking carried on for gain or reward;

- (c) any undertaking in the course of which goods or services are supplied otherwise than free of charge.

- (9) The Secretary of State may by order modify Schedule 13.

- (10) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Domestic infringements

##### 211

- (1) In this Part a domestic infringement is an act or omission which—

- (a) is done or made by a person in the course of a business,

- (b) falls within subsection (2), and

- (c) harms the collective interests of consumers....

- (1A) But an act or omission which satisfies the conditions in subsection (1) is a domestic infringement only if at least one of the following is satisfied—

- (a) the person supplying (or seeking to supply) goods or services has a place of business in the United Kingdom, or

- (b) the goods or services are supplied (or sought to be supplied) to or for a person in the United Kingdom (see section 232).

- (2) An act or omission falls within this subsection if it is of a description specified by the Secretary of State by order and consists of any of the following—

- (a) a contravention of an enactment which imposes a duty, prohibition or restriction enforceable by criminal proceedings;

- (b) an act done or omission made in breach of contract;

- (c) an act done or omission made in breach of a non-contractual duty owed to a person by virtue of an enactment or rule of law and enforceable by civil proceedings;

- (d) an act or omission in respect of which an enactment provides for a remedy or sanction enforceable by civil proceedings;

- (e) an act done or omission made by a person supplying or seeking to supply goods or services as a result of which an agreement or security relating to the supply is void or unenforceable to any extent;

- (f) an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to exercise a right or remedy relating to the supply in circumstances where the exercise of the right or remedy is restricted or excluded under or by virtue of an enactment;

- (g) an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to avoid (to any extent) liability relating to the supply in circumstances where such avoidance is restricted or prevented under an enactment.

- (3) But an order under this section may provide that any description of act or omission falling within subsection (2) is not a domestic infringement.

- (4) For the purposes of subsection (2) it is immaterial—

- (a) whether or not any duty, prohibition or restriction exists in relation to consumers as such;

- (b) whether or not any remedy or sanction is provided for the benefit of consumers as such;

- (c) whether or not any proceedings have been brought in relation to the act or omission;

- (d) whether or not any person has been convicted of an offence in respect of the contravention mentioned in subsection (2)(a);

- (e) whether or not there is a waiver in respect of the breach of contract mentioned in subsection (2)(b).

- (5) References to an enactment include references to subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).

- (6) The power to make an order under this section must be exercised by statutory instrument.

- (7) But no such order may be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Community infringements

##### 212

- (1) In this Part a Schedule 13 infringement is an act or omission which contravenes a listed enactment and which harms the collective interests of consumers.

- (2) References to a listed enactment must be construed in accordance with section 210.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Enforcers

##### 213

- (1) Each of the following is a general enforcer—

- (a) the CMA;

- (b) every local weights and measures authority in Great Britain;

- (c) the Department of Enterprise, Trade and Investment in Northern Ireland.

- (2) A designated enforcer is any person or body (whether or not incorporated) which the Secretary of State—

- (a) thinks has as one of its purposes the protection of the collective interests of consumers, and

- (b) designates by order.

- (3) The Secretary of State may designate a public body only if he is satisfied that it is independent.

- (4) The Secretary of State may designate a person or body which is not a public body only if the person or body (as the case may be) satisfies such criteria as the Secretary of State specifies by order.

- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5A) Each of the following is a Schedule 13 enforcer—

- (a) the CMA;

- (b) the Civil Aviation Authority;

- (c) the Financial Conduct Authority;

- (d) the Secretary of State for Health and Social Care;

- (e) the Department of Health, Social Services and Public Safety in Northern Ireland;

- (f) the Office of Communications;

- (g) the Department of Enterprise, Trade and Investment in Northern Ireland;

- (h) every local weights and measures authority in Great Britain;

- (i) an enforcement authority within the meaning of section 120(15) of the Communications Act 2003 (regulation of premium rate services);

- (j) the Information Commissioner;

- (k) the Department for Infrastructure;

- (l) the Maritime and Coastguard Agency;

- (m) the Office of Rail and Road;

- (n) the Office for the Traffic Commissioner.

- (6) An order under this section may designate an enforcer in respect of—

- (a) all infringements;

- (b) infringements of such descriptions as are specified in the order.

- (7) An order under this section may make different provision for different purposes.

- (8) The designation of a body by virtue of subsection (3) is conclusive evidence for the purposes of any question arising under this Part that the body is a public body.

- (9) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

- (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Enforcement orders and interim enforcement orders

@@ -6897,345 +6739,43 @@

##### 214

- (1) An enforcer must not make an application for an enforcement order unless—

- (a) the enforcer has engaged in appropriate consultation with the person against whom the enforcement order would be made, and

- (b) if the enforcer is not the CMA, the enforcer has given notice to the CMA of the enforcer’s intention to apply for the enforcement order, and the appropriate minimum period has elapsed.

- (1A) The appropriate minimum period is—

- (a) in the case of an enforcement order, 14 days beginning with the day on which notice under subsection (1)(b) is given;

- (b) in the case of an interim enforcement order, seven days beginning with the day on which notice under subsection (1)(b) is given.

- (2) Appropriate consultation is consultation for the purpose of—

- (a) achieving the cessation of the infringement in a case where an infringement is occurring;

- (b) ensuring that there will be no repetition of the infringement in a case where the infringement has occurred;

- (c) ensuring that there will be no repetition of the infringement in a case where the cessation of the infringement is achieved under paragraph (a);

- (d) ensuring that the infringement does not take place in the case of a Schedule 13 infringement which the enforcer believes is likely to take place.

- (3) Subsection (1) does not apply if the CMA thinks that an application for an enforcement order should be made without delay.

- (4) Subsection (1)(a) ceases to apply—

- (a) for the purposes of an application for an enforcement order at the end of the period of 14 days or, where subsection (4A) applies, 28 days beginning with the day after the person against whom the enforcement order would be made receives a request for consultation from the enforcer;

- (b) for the purposes of an application for an interim enforcement order at the end of the period of seven days beginning with the day after the person against whom the interim enforcement order would be made receives a request for consultation from the enforcer.

- (4A) This subsection applies where the person against whom the enforcement order would be made is a member of, or is represented by, a representative body, and that body operates a consumer code which has been approved by—

- (a) an enforcer, other than a designated enforcer which is not a public body,

- (b) a body which represents an enforcer mentioned in paragraph (a),

- (c) a group of enforcers mentioned in paragraph (a), or

- (d) a community interest company whose objects include the approval of consumer codes.

- (4B) In subsection (4A)—

- “*consumer code*” means a code of practice or other document (however described) intended, with a view to safeguarding or promoting the interests of consumers, to regulate by any means the conduct of persons engaged in the supply of goods or services to consumers (or the conduct of their employees or representatives), and

- “*representative body*” means an organisation established to represent the interests of two or more businesses in a particular sector or area, and for this purpose “*business*” has the meaning it bears in section 210.

- (5) The Secretary of State may by order make rules in relation to consultation under this section.

- (6) Such an order must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

- (7) In this section (except subsections (1A) and (4)) and in sections 215 and 216 references to an enforcement order include references to an interim enforcement order.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Applications

##### 215

- (1) An application for an enforcement order must name the person the enforcer thinks—

- (a) has engaged or is engaging in conduct which constitutes a domestic or a Schedule 13 infringement, or

- (b) is likely to engage in conduct which constitutes a Schedule 13 infringement.

- (2) A general enforcer may make an application for an enforcement order in respect of any infringement.

- (3) A designated enforcer may make an application for an enforcement order in respect of an infringement to which his designation relates.

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (4A) A Schedule 13 enforcer may make an application for an enforcement order in respect of a Schedule 13 infringement.

- (5) The following courts have jurisdiction to make an enforcement order—

- (za) the High Court or the county court if the person against whom the order is sought carries on business or has a place of business in England and Wales;

- (a) the High Court or a county court if the person against whom the order is sought carries on business or has a place of business in ...Northern Ireland;

- (b) the Court of Session or the sheriff if the person against whom the order is sought carries on business or has a place of business in Scotland.

- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (9) An enforcer which is not the CMA must notify the CMA of the result of an application under this section.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Applications: directions by OFT

##### 216

- (1) This section applies if the CMA believes that an enforcer other than the CMA intends to apply for an enforcement order.

- (2) In such a case the CMA may direct that if an application in respect of a particular infringement is to be made it must be made—

- (a) only by the CMA, or

- (b) only by such other enforcer as the CMA directs.

- (3) If the CMA directs that only it may make an application that does not prevent—

- (a) the CMA or any enforcer from accepting an undertaking under section 219, or

- (b) the CMA from taking such other steps it thinks appropriate (apart from making an application) for the purpose of securing that the infringement is not committed, continued or repeated.

- (4) The CMA may vary or withdraw a direction given under this section.

- (5) The CMA must take such steps as it thinks appropriate to bring a direction (or a variation or withdrawal of a direction) to the attention of enforcers it thinks may be affected by it.

- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Enforcement orders

##### 217

- (1) This section applies if an application for an enforcement order is made under section 215 and the court finds that the person named in the application has engaged in conduct which constitutes the infringement.

- (2) This section also applies if such an application is made in relation to a Schedule 13 infringement and the court finds that the person named in the application is likely to engage in conduct which constitutes the infringement.

- (3) If this section applies the court may make an enforcement order against the person.

- (4) In considering whether to make an enforcement order the court must have regard to whether the person named in the application—

- (a) has given an undertaking under section 219 in respect of conduct such as is mentioned in subsection (3) of that section;

- (b) has failed to comply with the undertaking.

- (5) An enforcement order must—

- (a) indicate the nature of the conduct to which the finding under subsection (1) or (2) relates, and

- (b) direct the person to comply with subsection (6).

- (6) A person complies with this subsection if he—

- (a) does not continue or repeat the conduct;

- (b) does not engage in such conduct in the course of his business or another business;

- (c) does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).

- (7) But subsection (6)(a) does not apply in the case of a finding under subsection (2).

- (8) An enforcement order may require a person against whom the order is made to publish in such form and manner and to such extent as the court thinks appropriate for the purpose of eliminating any continuing effects of the infringement—

- (a) the order;

- (b) a corrective statement.

- (9) If the court makes a finding under subsection (1) or (2) it may accept an undertaking by the person—

- (a) to comply with subsection (6), or

- (b) to take steps which the court believes will secure that he complies with subsection (6).

- (10) An undertaking under subsection (9) may include a further undertaking by the person to publish in such form and manner and to such extent as the court thinks appropriate for the purpose of eliminating any continuing effects of the infringement—

- (a) the terms of the undertaking;

- (b) a corrective statement.

- (10A) An enforcement order may require a person against whom the order is made to take enhanced consumer measures (defined in section 219A) within a period specified by the court.

- (10B) An undertaking under subsection (9) may include a further undertaking by the person to take enhanced consumer measures within a period specified in the undertaking.

- (10C) Subsections (10A) and (10B) are subject to section 219C in a case where the application for the enforcement order was made by a designated enforcer which is not a public body.

- (10D) Where a person is required by an enforcement order or an undertaking under this section to take enhanced consumer measures, the order or undertaking may include requirements as to the provision of information or documents to the court by the person in order that the court may determine if the person is taking those measures.

- (11) If the court—

- (a) makes a finding under subsection (1) or (2), and

- (b) accepts an undertaking under subsection (9),

it must not make an enforcement order in respect of the infringement to which the undertaking relates.

- (12) An enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—

| England and Wales | The High Court | The county court |

| --- | --- | --- |

| Scotland | The Court of Session | The sheriff |

| Northern Ireland | The High Court | A county court |

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Interim enforcement order

##### 218

- (1) The court may make an interim enforcement order against a person named in the application for the order if it appears to the court—

- (a) that it is alleged that the person is engaged in conduct which constitutes a domestic or Schedule 13 infringement or is likely to engage in conduct which constitutes a Schedule 13 infringement,

- (b) that if the application had been an application for an enforcement order it would be likely to be granted,

- (c) that it is expedient that the conduct is prohibited or prevented (as the case may be) immediately, and

- (d) if no notice of the application has been given to the person named in the application that it is appropriate to make an interim enforcement order without notice.

- (2) An interim enforcement order must—

- (a) indicate the nature of the alleged conduct, and

- (b) direct the person to comply with subsection (3).

- (3) A person complies with this subsection if he—

- (a) does not continue or repeat the conduct;

- (b) does not engage in such conduct in the course of his business or another business;

- (c) does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).

- (4) But subsection (3)(a) does not apply in so far as the application is made in respect of an allegation that the person is likely to engage in conduct which constitutes a Schedule 13 infringement.

- (5) An application for an interim enforcement order against a person may be made at any time before an application for an enforcement order against the person in respect of the same conduct is determined.

- (6) An application for an interim enforcement order must refer to all matters—

- (a) which are known to the applicant, and

- (b) which are material to the question whether or not the application is granted.

- (7) If an application for an interim enforcement order is made without notice the application must state why no notice has been given.

- (8) The court may vary or discharge an interim enforcement order on the application of—

- (a) the enforcer who applied for the order;

- (b) the person against whom it is made.

- (9) An interim enforcement order against a person is discharged on the determination of an application for an enforcement order made against the person in respect of the same conduct.

- (10) If it appears to the court as mentioned in subsection (1)(a) to (c) the court may instead of making an interim enforcement order accept an undertaking from the person named in the application—

- (a) to comply with subsection (3), or

- (b) to take steps which the court believes will secure that he complies with subsection (3).

- (11) An interim enforcement order made in a part of the United Kingdom by a court specified in relation to that part in the second or third column of the table has effect in another part of the United Kingdom as if made by a court specified in relation to that other part in the same column of the table—

| England and Wales | The High Court | The county court |

| --- | --- | --- |

| Scotland | The Court of Session | The sheriff |

| Northern Ireland | The High Court | A county court |

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Undertakings

##### 219

- (1) This section applies if an enforcer has power to make an application for an enforcement order or an interim enforcement order under section 215 or for an online interface order or an interim online interface order under section 218ZA.

- (2) In such a case the enforcer may accept from a person to whom subsection (3) applies an undertaking that the person will comply with subsection (4).

- (3) This subsection applies to a person who the enforcer believes—

- (a) has engaged in conduct which constitutes an infringement;

- (b) is engaging in such conduct;

- (c) is likely to engage in conduct which constitutes a Schedule 13 infringement.

- (4) A person complies with this subsection if he—

- (a) does not continue or repeat the conduct;

- (b) does not engage in such conduct in the course of his business or another business;

- (c) does not consent to or connive in the carrying out of such conduct by a body corporate with which he has a special relationship (within the meaning of section 222(3)).

- (5) But subsection (4)(a) does not apply in the case of an undertaking given by a person in so far as subsection (3) applies to him by virtue of paragraph (c).

- (5ZA) An undertaking under this section may include a further undertaking by the person—

- (a) to take enhanced consumer measures (defined in section 219A) within a period specified in the undertaking, and

- (b) where such measures are included, to provide information or documents to the enforcer in order that the enforcer may determine if the person is taking those measures.

- (5ZB) Subsection (5ZA) is subject to section 219C in a case where the enforcer is a designated enforcer which is not a public body.

- (5A) A Schedule 13 enforcer who has accepted an undertaking under this section may—

- (a) accept a further undertaking from the person concerned to publish the terms of the undertaking; or

- (b) take steps itself to publish the undertaking.

- (5B) In each case the undertaking shall be published in such form and manner and to such extent as the Schedule 13 enforcer thinks appropriate for the purpose of eliminating any continuing effects of the Schedule 13 infringement.

- (6) If an enforcer accepts an undertaking under this section it must notify the CMA—

- (a) of the terms of the undertaking;

- (b) of the identity of the person who gave it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Further proceedings

##### 220

- (1) This section applies if the court—

- (a) makes an enforcement order under section 217,

- (b) makes an interim enforcement order under section 218, ...

- (c) accepts an undertaking under either of those sections... , or

- (d) makes an online interface order under section 218ZB or an interim online interface order under section 218ZC.

- (1A) This section does not apply in the case of a failure to comply with an order or undertaking which consists only of a failure to provide information or documents required by the order or undertaking as described in section 217(10D).

- (2) Any Schedule 13 enforcer has the same right to apply to the court in respect of a failure to comply with an order (apart from an online interface order or an interim online interface order) or undertaking as the enforcer who made the application for the order.

- (3) An application to the court in respect of a failure to comply with an undertaking may include an application for an enforcement order, an interim enforcement order, an online interface order or an interim online interface order.

- (4) If the court finds that an undertaking is not being complied with it may make an enforcement order, an interim enforcement order, an online interface order or an interim online interface order (instead of making any other order it has power to make).

- (5) In the case of an application for an enforcement order or for an interim enforcement order as mentioned in subsection (3) sections 214 and 216 must be ignored and sections 215, 217 or 218 (as the case may be) and 219A, 219B and 219C apply subject to the following modifications—

- (a) section 215(1)(b) must be ignored;

- (b) section 215(5) must be ignored and the application must be made to the court which accepted the undertaking;

- (c) section 217(9), (10), (10B) and (11) must be ignored, and section 217(10C) and (10D) must be ignored to the extent that they relate to an undertaking under section 217(9);

- (d) section 218(10) must be ignored.

- (e) sections 219A, 219B and 219C must be ignored to the extent that they relate to an undertaking under section 217(9) or 219.

- (5A) In the case of an application for an online interface order or an interim online interface order as mentioned in subsection (3), section 218ZA applies subject to the following modifications—

- (a) in section 218ZA(1), the words “or is likely to be” must be ignored;

- (b) in section 218ZA(2), the reference to the person the CMA thinks has engaged, is engaging or is likely to engage in conduct which constitutes the Schedule 13 infringement is to be read as a reference to the person the CMA thinks has engaged or is engaging in such conduct;

- (c) section 218ZA(3) must be ignored and the application must be made to the court which accepted the undertaking.

- (6) If an enforcer which is not the CMA makes an application in respect of the failure of a person to comply with an enforcement order, an interim enforcement order or an undertaking given under section 217 or 218 the enforcer must notify the CMA—

- (a) of the application;

- (b) of any order made by the court on the application.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Community infringements: proceedings

@@ -7247,104 +6787,13 @@

##### 222

- (1) This section applies if the person whose conduct constitutes a domestic infringement or a Schedule 13 infringement is a body corporate.

- (2) If the conduct takes place with the consent or connivance of a person (an accessory) who has a special relationship with the body corporate, the consent or connivance is also conduct which constitutes the infringement.

- (3) A person has a special relationship with a body corporate if he is—

- (a) a controller of the body corporate, or

- (b) a director, manager, secretary or other similar officer of the body corporate or a person purporting to act in such a capacity.

- (4) A person is a controller of a body corporate if—

- (a) the directors of the body corporate or of another body corporate which is its controller are accustomed to act in accordance with the person’s directions or instructions, or

- (b) either alone or with an associate or associates he is entitled to exercise or control the exercise of one third or more of the voting power at any general meeting of the body corporate or of another body corporate which is its controller.

- (5) An enforcement order, an interim enforcement order, an online interface order or an interim online interface order may be made against an accessory in respect of an infringement whether or not such an order is made against the body corporate.

- (6) The court may accept an undertaking under section 217(9) or 218(10) from an accessory in respect of an infringement whether or not it accepts such an undertaking from the body corporate.

- (7) An enforcer may accept an undertaking under section 219 from an accessory in respect of an infringement whether or not it accepts such an undertaking from the body corporate.

- (8) Subsection (9) applies if—

- (a) an enforcement order or an interim enforcement order is made as mentioned in subsection (5), or

- (b) an undertaking is accepted as mentioned in subsection (6) or (7).

- (9) In such a case for subsection (6) of section 217, subsection (3) of section 218 or subsection (4) of section 219 (as the case may be) there is substituted the following subsection—

> (0) A person complies with this subsection if he—

> (a) does not continue or repeat the conduct;

> (b) does not in the course of any business carried on by him engage in conduct such as that which constitutes the infringement committed by the body corporate mentioned in section 222(1);

> (c) does not consent to or connive in the carrying out of such conduct by another body corporate with which he has a special relationship (within the meaning of section 222(3)).

- (10) A person is an associate of an individual if—

- (a) he is the spouse or civil partner of the individual;

- (b) he is a relative of the individual;

- (c) he is a relative of the individual’s spouse or civil partner;

- (d) he is the spouse or civil partner of a relative of the individual;

- (e) he is the spouse or civil partner of a relative of the individual’s spouse or civil partner ;

- (f) he lives in the same household as the individual otherwise than merely because he or the individual is the other’s employer, tenant, lodger or boarder;

- (g) he is a relative of a person who is an associate of the individual by virtue of paragraph (f);

- (h) he has at some time in the past fallen within any of paragraphs (a) to (g).

- (11) A person is also an associate of—

- (a) an individual with whom he is in partnership;

- (b) an individual who is an associate of the individual mentioned in paragraph (a);

- (c) a body corporate if he is a controller of it or he is an associate of a person who is a controller of the body corporate.

- (12) A body corporate is an associate of another body corporate if—

- (a) the same person is a controller of both;

- (b) a person is a controller of one and persons who are his associates are controllers of the other;

- (c) a person is a controller of one and he and persons who are his associates are controllers of the other;

- (d) a group of two or more persons is a controller of each company and the groups consist of the same persons;

- (e) a group of two or more persons is a controller of each company and the groups may be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.

- (13) A relative is a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Bodies corporate: orders

##### 223

- (1) This section applies if a court makes an enforcement order, an interim enforcement order, an online interface order or an interim online interface order against a body corporate and—

- (a) at the time the order is made the body corporate is a member of a group of interconnected bodies corporate,

- (b) at any time when the order is in force the body corporate becomes a member of a group of interconnected bodies corporate, or

- (c) at any time when the order is in force a group of interconnected bodies corporate of which the body corporate is a member is increased by the addition of one or more further members.

- (2) The court may direct that the order is binding upon all of the members of the group as if each of them were the body corporate against which the order is made.

- (3) A group of interconnected bodies corporate is a group consisting of two or more bodies corporate all of whom are interconnected with each other.

- (4) Any two bodies corporate are interconnected—

- (a) if one of them is a subsidiary of the other, or

- (b) if both of them are subsidiaries of the same body corporate.

- (5) In this section “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Information

@@ -7378,99 +6827,25 @@

##### 228

- (1) Proceedings under this Part are civil proceedings for the purposes of—

- (a) section 11 of the Civil Evidence Act 1968 (c. 64) (convictions admissible as evidence in civil proceedings);

- (b) section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) (corresponding provision in Scotland);

- (c) section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.)) (corresponding provision in Northern Ireland).

- (2) In proceedings under this Part any finding by a court in civil proceedings that an act or omission mentioned in section 211(2)(b), (c) or (d) or 212(1) has occurred—

- (a) is admissible as evidence that the act or omission occurred;

- (b) unless the contrary is proved, is sufficient evidence that the act or omission occurred.

- (3) But subsection (2) does not apply to any finding—

- (a) which has been reversed on appeal;

- (b) which has been varied on appeal so as to negative it.

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Advice and information

##### 229

- (1) The CMA must prepare and publish advice and information with a view to—

- (a) explaining the provisions of this Part to persons who are likely to be affected by them, and

- (b) indicating how the CMA expects such provisions to operate.

- (1A) As soon as is reasonably practicable after the commencement of Schedule 5 to the Consumer Rights Act 2015 (investigatory powers etc.) the CMA must prepare and publish advice and information with a view to—

- (a) explaining the provisions of that Schedule, so far as they relate to investigatory powers exercised for the purposes set out in paragraphs 13(2) and (3) and 19 of that Schedule, to persons who are likely to be affected by them, and

- (b) indicating how the CMA expects such provisions to operate.

- (2) The CMA may at any time publish revised or new advice or information.

- (3) Advice or information published in pursuance of subsection (1)(b) may include advice or information about the factors which the CMA may take into account in considering how to exercise the functions conferred on it by this Part.

- (4) Advice or information published by the CMA under this section is to be published in such form and in such manner as it considers appropriate.

- (5) In preparing advice or information under this section the CMA must consult such persons as it thinks are representative of persons affected by this Part.

- (6) If any proposed advice or information relates to a matter in respect of which another enforcer may act the persons to be consulted must include that enforcer.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Notice to OFT of intended prosecution

##### 230

- (1) This section applies if a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment or subordinate legislation specified by the Secretary of State by order for the purposes of this section.

- (2) The authority must give the CMA—

- (a) notice of its intention to start the proceedings;

- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) The authority must not start the proceedings until whichever is the earlier of the following—

- (a) the end of the period of 14 days starting with the day on which the authority gives the notice;

- (b) the day on which it is notified by the CMA that the CMA has received the notice ... given under subsection (2).

- (4) The authority must also notify the CMA of the outcome of the proceedings after they are finally determined.

- (5) But such proceedings are not invalid by reason only of the failure of the authority to comply with this section.

- (6) Subordinate legislation has the same meaning as in section 21(1) of the Interpretation Act 1978 (c. 30).

- (7) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Notice of convictions and judgments to OFT

##### 231

- (1) This section applies if—

- (a) a person is convicted of an offence by or before a court in the United Kingdom, or

- (b) a judgment is given against a person by a court in civil proceedings in the United Kingdom.

- (2) The court may make arrangements to bring the conviction or judgment to the attention of the CMA if it appears to the court—

- (a) having regard to the functions of the CMA under this Part ... that it is expedient for the conviction or judgment to be brought to the attention of the CMA, and

- (b) without such arrangements the conviction or judgment may not be brought to the attention of the CMA.

- (3) For the purposes of subsection (2) it is immaterial that the proceedings have been finally disposed of by the court.

- (4) Judgment includes an order or decree and references to the giving of the judgment must be construed accordingly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### Interpretation

@@ -7478,77 +6853,19 @@

##### 232

- (1) References in this Part to goods and services must be construed in accordance with this section.

- (2) Goods include—

- (a) buildings and other structures;

- (b) ships, aircraft and hovercraft.

- (3) The supply of goods includes—

- (a) supply by way of sale, lease, hire or hire purchase;

- (b) in relation to buildings and other structures, construction of them by one person for another.

- (4) Goods or services which are supplied wholly or partly outside the United Kingdom must be taken to be supplied to or for a person in the United Kingdom if they are supplied in accordance with arrangements falling within subsection (5).

- (5) Arrangements fall within this subsection if they are made by any means and—

- (a) at the time the arrangements are made the person seeking the supply is in the United Kingdom, or

- (b) at the time the goods or services are supplied (or ought to be supplied in accordance with the arrangements) the person responsible under the arrangements for effecting the supply is in or has a place of business in the United Kingdom.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Person supplying goods

##### 233

- (1) This section has effect for the purpose of references in this Part to a person supplying or seeking to supply goods under—

- (a) a hire-purchase agreement;

- (b) a credit-sale agreement;

- (c) a conditional sale agreement.

- (2) The references include references to a person who conducts any antecedent negotiations relating to the agreement.

- (3) The following expressions must be construed in accordance with section 189 of the Consumer Credit Act 1974 (c. 39) —

- (a) hire-purchase agreement;

- (b) credit-sale agreement;

- (c) conditional sale agreement;

- (d) antecedent negotiations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Supply of services

##### 234

- (1) References in this Part to the supply of services must be construed in accordance with this section.

- (2) The supply of services does not include the provision of services under a contract of service or of apprenticeship whether it is express or implied and (if it is express) whether it is oral or in writing.

- (3) The supply of services includes—

- (a) performing for gain or reward any activity other than the supply of goods;

- (b) rendering services to order;

- (c) the provision of services by making them available to potential users.

- (4) The supply of services includes making arrangements for the use of computer software or for granting access to data stored in any form which is not readily accessible.

- (5) The supply of services includes making arrangements by means of a relevant agreement (within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications apparatus.

- (6) The supply of services includes permitting or making arrangements to permit the use of land in such circumstances as the Secretary of State specifies by order.

- (7) The power to make an order under subsection (6) must be exercised by statutory instrument.

- (8) But no such order may be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Injunctions Directive

@@ -7562,9 +6879,7 @@

##### 236

- (1) This Part binds the Crown.

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Part 9 — Information

@@ -7608,7 +6923,7 @@

- (1) Information is specified information if it comes to a public authority in connection with the exercise of any function it has under or by virtue of—

- (a) Part 1, 3, 4, 6, 7 or 8;

- (a) Part 1, 3, 4, 6 or 7;

- (b) an enactment specified in Schedule 14;

@@ -10851,49 +10166,49 @@

##### 1

Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 2

The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 3

Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977 , to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 4

Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979 , to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 5

Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 6

Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982 , and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 7

Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 8

The Package Travel, Package Holidays and Package Tours Regulations 1992 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018 .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 9

The Unfair Terms in Consumer Contracts Regulations 1999 , to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by the Consumer Rights Act 2015 , by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## Part 2 — Provisions of directives and Regulations

##### 10

The Consumer Protection (Distance Selling) Regulations 2000 , to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 11

Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002 .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## SCHEDULE 14

@@ -15022,158 +14337,158 @@

## SCHEDULE 26

#### The Competition Service

#### Duty to make references in relation to completed mergers

#### Obtaining control by stages

#### The Competition Appeal Tribunal

#### Amendment of 1998 Act relating to the Tribunal

#### Turnover test

#### Restrictions on action where public interest considerations not finalised

#### Intervention by the Secretary of State

### ...

#### 34A Duty of OFT where case referred by the European Commission

#### 34B Power to request information in referred cases

#### Other powers under this Part

#### General advisory functions of OFCOM

##### 44A

- (1) Subsection (2) applies where—

- (a) the Secretary of State has given an intervention notice in relation to a relevant merger situation; and

- (b) the intervention notice mentions any media public interest consideration.

- (2) OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.

- (3) The report shall contain—

- (a) advice and recommendations on any media public interest consideration mentioned in the intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 45; and

- (b) a summary of any representations about the case which have been received by OFCOM and which relate to any such consideration.

- (4) OFCOM shall carry out such investigations as they consider appropriate for the purposes of producing a report under this section.

### ...

#### 46A Cases referred by the European Commission where intervention notice is in force

#### 46B Extension of preliminary assessment period

#### 46C Power to request information in referred cases

##### 58A

- (1) For the purposes of this Part an enterprise is a media enterprise if it consists in or involves broadcasting.

- (2) In the case of a merger situation in which at least one of the enterprises ceasing to be distinct consists in or involves broadcasting, the references in section 58(2C)(a) or this section to media enterprises include references to newspaper enterprises.

- (3) In this Part “*newspaper enterprise*” means an enterprise consisting in or involving the supply of newspapers.

- (4) Wherever in a merger situation two media enterprises serving the same audience cease to be distinct, the number of such enterprises serving that audience shall be assumed to be more immediately before they cease to be distinct than it is afterwards.

- (5) For the purposes of section 58, where two or more media enterprises—

- (a) would fall to be treated as under common ownership or common control for the purposes of section 26, or

- (b) are otherwise in the same ownership or under the same control,

they shall be treated (subject to subsection (4)) as all under the control of only one person.

- (6) A reference in section 58 or this section to an audience shall be construed in relation to a media enterprise in whichever of the following ways the decision-making authority considers appropriate—

- (a) as a reference to any one of the audiences served by that enterprise, taking them separately;

- (b) as a reference to all the audiences served by that enterprise, taking them together;

- (c) as a reference to a number of those audiences taken together in such group as the decision-making authority considers appropriate; or

- (d) as a reference to a part of anything that could be taken to be an audience under any of paragraphs (a) to (c) above.

- (7) The criteria for deciding who can be treated for the purposes of this section as comprised in an audience, or as comprised in an audience served by a particular service—

- (a) shall be such as the decision-making authority considers appropriate in the circumstances of the case; and

- (b) may allow for persons to be treated as members of an audience if they are only potentially members of it.

- (8) In this section “*audience*” includes readership.

- (9) The power under subsection (3) of section 58 to modify that section includes power to modify this section.

#### Decision of Secretary of State in public interest cases

#### Intervention by the Secretary of State

### ...

#### 34A Duty of OFT where case referred by the European Commission

#### 34B Power to request information in referred cases

#### Meaning of “foreign power”

#### Advice and information in relation to media mergers

##### 44A

#### Fees

##### 59A

- (1) For the purpose of deciding whether the proportion of one-quarter mentioned in section 59(3C) or (3D) is fulfilled with respect to—

- (a) newspapers of any description, or

- (b) broadcasting of any description,

the decision-making authority shall apply such criterion (whether value, cost, price, quantity, capacity, number of workers employed or some other criterion, of whatever nature), or such combination of criteria, as the decision-making authority considers appropriate.

- (2) References in section 59(3C) to the supply of newspapers shall, in relation to newspapers of any description which are the subject of different forms of supply, be construed in whichever of the following ways the decision-making authority considers appropriate—

- (a) as references to any of those forms of supply taken separately;

- (b) as references to all those forms of supply taken together; or

- (c) as references to any of those forms of supply taken in groups.

- (3) For the purposes of subsection (2) the decision-making authority may treat newspapers as being the subject of different forms of supply whenever—

- (a) the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and

- (b) the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.

- (4) References in section 59(3D) to the provision of broadcasting shall, in relation to broadcasting of any description which is the subject of different forms of provision, be construed in whichever of the following ways the decision-making authority considers appropriate—

- (a) as references to any of those forms of provision taken separately;

- (b) as references to all those forms of provision taken together; or

- (c) as references to any of those forms of provision taken in groups.

- (5) For the purposes of subsection (4) the decision-making authority may treat broadcasting as being the subject of different forms of provision whenever—

- (a) the transactions concerned differ as to their nature, their parties, their terms or their surrounding circumstances; and

- (b) the difference is one which, in the opinion of the decision-making authority, ought for the purposes of that subsection to be treated as a material difference.

- (6) The criteria for deciding when newspapers or broadcasting can be treated, for the purposes of section 59, as newspapers or broadcasting of a separate description shall be such as in any particular case the decision-making authority considers appropriate in the circumstances of that case.

- (7) In section 59 and this section “*provision*” and cognate expressions have the same meaning in relation to broadcasting as in Part 3 of the Communications Act 2003; but this subsection is subject to subsections (4) and (5) of this section.

##### 61A

- (1) Subsection (2) applies where—

- (a) the Secretary of State has given an intervention notice in relation to a relevant merger situation; and

- (b) the intervention notice mentions any media public interest consideration.

- (a) the Secretary of State has given a special intervention notice in relation to a special merger situation; and

- (b) the special intervention notice mentions any consideration which, at the time of the giving of the notice, was specified in section 58(2A) to (2C).

- (2) OFCOM shall, within such period as the Secretary of State may require, give a report to the Secretary of State on the effect of the consideration or considerations concerned on the case.

- (3) The report shall contain—

- (a) advice and recommendations on any consideration which—

- (i) is mentioned in the special intervention notice concerned and, at the time of the giving of that notice, was specified in section 58(2A) to (2C); and

- (ii) is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 62; and