Citation, commencement and interpretation

1. —(1) This Order may be cited as the Enterprise Act 2002 (Disclosure of Information for Civil Proceedings etc.) Order 2007 and shall come into force on 1st October 2007.

(2) In this Order a reference to a section, Part or Schedule is a reference to a section, Part or Schedule of the Enterprise Act 2002.

Prescribed information

2. All specified information to which section 237 applies (other than the categories of information set out in section 241A(2)) is prescribed for the purposes of section 241A(1) with the exception of—

(a) information which comes to the OFT in connection with the exercise of its functions under—

(i) subsection (1) of section 5 (acquisition of information etc.) with a view to exercising its functions under—

(aa) section 6 (provision of information etc. to the public),

(bb) section 7 (provision of information and advice to Ministers etc.), or

(cc) section 8 (promoting good consumer practice);

(ii) section 11 (super-complaints to OFT);

(iii) section 92 (duty of OFT to monitor orders and undertakings relating to mergers);

(iv) section 162 (duty of OFT to monitor orders and undertakings relating to market investigations);

(v) Part 6 (cartel offence);

(vi) paragraphs 14 to 18 (monopoly references, enforcement undertakings and orders) of Schedule 24;

(b) information which comes to a regulator in connection with the exercise of its functions under section 11 (super-complaints to OFT) as applied by section 205 (super-complaints to regulators other than OFT); and

(c) information which comes to Her Majesty’s Revenue and Customs in connection with the exercise of their functions under the Customs & Excise Management Act 1979( 2 ) and the Value Added Tax Act 1994( 3 ).

Prescribed proceedings

3. —(1) The following civil proceedings are prescribed for the purposes of section 241A(1)—

(a) proceedings relating to or arising out of a legal right or obligation of a consumer;

(b) proceedings relating to or arising out of the infringement of an intellectual property right;

(c) proceedings relating to or arising out of passing off or the misuse of a trade secret.

(2) In paragraph (1)(a) a “consumer” is an individual who—

(a) is acting outside his trade, business or profession; or

(b) is acting with a view to carrying on a business but not in the course of a business carried on by him.

(3) In paragraph (1)(b) an “intellectual property right” includes a patent, copyright, and analogous or related right, database right, registered or unregistered design right, registered trade mark, topography right, supplementary protection certificate, plant variety right, protected designation of origin or a protected geographical indication.