Citation and commencement

1. —(1) These Regulations may be cited as the Enterprise Act 2002 (Amendment) Regulations 2006.

(2) These Regulations shall come into force on 8th January 2007.

Interpretation

2. In these Regulations—

“ the CPC Regulation ” means Regulation

“ the 2001 Act ” means the Criminal Justice and Police Act 2001 ;

“ the 2002 Act ” means the Enterprise Act 2002 .

Amendments to the 2002 Act

3. The 2002 Act is amended as set out in regulations 4 to 22.

4. In section 210(6)(b) after the word “Directive” insert “ or the listed Regulation ” .

5. After section 210(7) insert—

“ (7A) A Regulation is a listed Regulation—

(a) if it is a Regulation of the Council of the European Communities or of the European Parliament and of the Council, and

(b) if it is specified in Schedule 13 or to the extent that any of its provisions is so specified. ” .

6. At the end of section 212(1)(a) after “EEA State,” repeal “ or ” .

7. After section 212(1)(b) insert—

“ (c) contravenes a listed Regulation, or

(d) contravenes any laws, regulations or administrative provisions of an EEA State which give effect to a listed Regulation. ” .

8. At the end of section 212(3)(b) after “permitted protections” insert “ ; or ” and then insert—

“ (c) gives effect to a listed Regulation ” .

9. In section 212(4) after the words “listed Directive” insert “ or to a listed Regulation ” .

10. In section 213(5) for paragraph (b) substitute—

“ (b) which is not a general enforcer, a designated enforcer or a CPC enforcer. ” .

11. After section 213(5) insert—

“ (5A) Each of the following (being bodies or persons designated by the Secretary of State under Article 4(1) or 4(2) of the CPC Regulation) is a CPC enforcer—

(a) the OFT;

(b) the Civil Aviation Authority;

(c) the Financial Services Authority;

(d) the Secretary of State for Health;

(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) the Independent Committee for the Supervision of Standards of the Telephone Information Services. ” .

12. After section 215(4) insert—

“ (4A) A CPC enforcer may make an application for an enforcement order in respect of a Community infringement. ” .

13. After section 219(5) insert—

“ (5A) A CPC 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 CPC enforcer thinks appropriate for the purpose of eliminating any continuing effects of the Community infringement. ” .

14. After section 221(3)(b) insert—

“ (c) every CPC enforcer. ” .

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19. In section 229(6) after “another general” insert “ or CPC ” .

20. After section 235 insert—

“ 235A. CPC Regulation

In this Part—

(a) the CPC Regulation is Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws as amended by the Unfair Commercial Practices Directive ;

(b) the Unfair Commercial Practices Directive is Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market .

235B. Dual enforcers

References in this Part to a general enforcer, a designated enforcer or a CPC enforcer are to be read, in the case of a person or body which is more than one kind of enforcer, as references to that person or body acting in its capacity as a general enforcer, designated enforcer or (as the case may be) CPC enforcer. ” .

21. For section 236 substitute—

“ 236. Crown

(1) This Part binds the Crown.

(2) But the powers conferred by sections 227A to 227D are not exercisable in relation to premises occupied by the Crown. ” .

22. —(1) In Schedule 13 after “Listed Directives” in the heading insert “ and Regulations ” .

(2) In Part 1 of that Schedule—

(a) after “Directives” in the heading insert “ and Regulations ” ;

(b) after paragraph 7 insert—

“ 7A Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising .

7B Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers . ” ;

(c) after paragraph 9A insert—

“ 9B Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights . ” .

Financial Conduct Authority

23. The functions of the Financial Conduct Authority which are exercisable by virtue of the CPC Regulation shall be treated as functions conferred on the Authority under provisions of the Financial Services and Markets Act 2000 .

Amendments to the 2001 Act

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Amendment to Data Protection Act 1998

29. In Part 4 of the Data Protection Act 1998 after section 31(5) insert—

“ (5A) Personal data processed by a CPC enforcer for the purpose of discharging any function conferred on such a body by or under the CPC Regulation are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.

(5B) In subsection (5A)—

(a) “ CPC enforcer ” has the meaning given to it in section 213(5A) of the Enterprise Act 2002 but does not include the Office of Fair Trading;

(b) “ CPC Regulation ” has the meaning given to it in section 235A of that Act. ” .