The Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/1376

2003 No. 1376

CONSUMER PROTECTION

The Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003

Made 23th May 2003

Laid before Parliament 27th May 2003

Coming into force 20th June 2003

The Secretary of State, in exercise of her powers under sections 230(1) and (7) and 277 of the Enterprise Act 20021hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003 and shall come into force on 20th June 2003.

S-2 Specified enactments

Specified enactments

2. The enactments and subordinate legislation contained in the Schedule to this Order are hereby specified for the purposes of section 230 of the Enterprise Act 2002 (notice to OFT of intended prosecution).

S-3 Revocation

Revocation

3. In the Package Travel, Package Holidays and Package Tours Regulations 19922paragraph 2 of Schedule 3 (notice of intended prosecution) is revoked.

S-4 Transitional

Transitional

4. Where a local weights and measures authority has before the date when this Order comes into force given notice that it intends to institute proceedings for an offence, as required by section 161(2) of the Consumer Credit Act 19743, section 26(2) of the Estate Agents Act 19794, section 130 of the Fair Trading Act 19735, or paragraph 2 of Schedule 3 to the Package Travel, Package Holidays and Package Tours Regulations 19926, then the provisions of the Act or Regulation in accordance with which the notice was given shall continue to apply in respect of the intended proceedings.

Brian Wilson,

Minister of State for Energy and Construction,

Department of Trade and Industry

23rd May 2003

SCHEDULE

Article 2

SCHEDULE

Enactments and Subordinate Legislation

Extent of Specification

Accommodation Agencies Act 19537

All offences under the Act

Administration of Justice Act 19708

Section 40 (unlawful harassment of debtors)

Business Names Act 19859

All offences under the Act

Cancer Act 193910

All offences under the Act

Charities Act 199211

Sections 60 (failure to comply with information requirements) and 63 (false statements in respect of fundraising)

Children and Young Persons Act 193312

Section 7 (sale of tobacco to persons under 16)

Children and Young Persons (Protection from Tobacco) Act 199113

Section 4 (offences in respect of display of warning statements)

Companies Act 198514

Sections 348, 349 and 351 (offences in respect of display of a company’s name outside place of business and of inclusion of name and other particulars in correspondence)

Consumer Credit Act 197415

All offences under the Act

Consumer Protection Act 198716

Offences under section 12 in respect of the Fireworks (Safety) Regulations 199717 and the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 200218 and all offences under Part III (misleading price indications)

Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 198719

All offences under the Regulations

Consumer Protection (Distance Selling) Regulations 200020

Regulation 24 (offences in respect of inertia selling)

Copyright, Designs and Patents Act 198821

Sections 107 (making or dealing with infringing articles, etc), 198 (making, dealing with or using illicit recordings) and 297A (making and dealing with unauthorised decoders)22

Estate Agents Act 197923

All offences under the Act

Fair Trading Act 197324

Section 23 (contravention of an order of the Secretary of State following a report of the Advisory Committee)

Fireworks (Safety) Regulations 199725

Regulation 6 (prohibition on supply of fireworks to persons apparently under 18)

Hallmarking Act 197326

All offences under the Act

Intoxicating Substances (Supply) Act 198527

Section 1 (supply of intoxicating substances to persons under 18)

Lotteries and Amusements Act 197628

All offences under Part I and section 14

Malicious Communications Act 198829

Section 1 (sending letters etc with intent to distress)

Medicines (Advertising) Regulations 199430

Regulation 23 (offences)

Mock Auctions Act 196131

All offences under the Act

National Lottery etc Act 199332

Sections 13 (contravention of regulations) and 16 (false representations)

Package Travel, Package Holidays and Package Tours Regulations 199233

All offences under the Regulations

Prices Act 197434

Offences under the Schedule in respect of contraventions of Orders made under section 4 (price marking) and under paras. 9, 12 and 13 of the Schedule (obstruction etc of officers, unlawful disclosure and offences by bodies corporate)

Property Misdescriptions Act 199135

All offences under the Act

Protection from Harassment Act 199736

Sections 2 (harassment) and 4 (putting people in fear of violence)

Road Traffic Act 198837

Sections 75 (vehicles not to be sold in unroadworthy condition etc) and 76 (fitting and supplying defective or unsuitable vehicle parts)

Timeshare Act 199238

All offences under the Act

Tobacco Advertising and Promotion Act 200239

All offences under the Act

Trade Descriptions Act 196840

All offences under the Act

Trade Marks Act 199441

Section 92 (unauthorised use of trade marks etc in relation to goods)

Weights and Measures Act 198542

Sections 22, 23, 25 (requirements to sell goods in particular quantities etc), 28 (short weight etc), 29 (misrepresentation), 30 (quantity less than stated), 31 (incorrect statements), 32 (offences due to default of third person), 50(5) and (6) (possession for sale, delivery etc of inadequate regulated package)

(This note is not part of the Order)

Section 230 of the Enterprise Act 2002 requires local weights and measures authorities in England and Wales to give notice to the OFT of intended prosecutions and their outcome under specified enactments and secondary legislation. This Order specifies the enactments and secondary legislation to which the requirement applies. It revokes a similar requirement in the Package Travel, Package Holidays and Package Tours Regulations 1992 (S.I. 1992/3288) and in article 4 makes transitional provisions where a local authority has, before this Order comes into force, given notice that it intends to institute proceedings for an offence under those Regulations or the other legislation there listed that imposes a similar requirement.


(2) S.I.1992/3288.
(3) 1974 c. 39. Section 161(2) is repealed by Sch. 26 to the Enterprise Act 2002.
(4) 1979 c. 38. Section 26(2) is repealed by Sch. 26 to the Enterprise Act 2002.
(5) 1973 c. 41. Section 130 is repealed by Sch. 26 to the Enterprise Act 2002.
(6) Revoked by article 3 of this Order.
(14) 1985 c....

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