UK Act of Parliament 2002 United Kingdom

Enterprise Act 2002

At a glance

What's here

66 compliance obligations, 5 practical guides across 2 topics · 2 journeys

Penalty landscape

6 of 66 obligations carry up to 2 years imprisonment. 6 carry different penalties and 54 have no criminal penalty — flagged in the list below.

Who this Act binds

Business-side actors with duties under this Act, ranked by how often they appear.

  • Any Person 14
  • Director or Officer 1

Plus 51 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.

Step-by-step journeys using this legislation

Walkthroughs that take you from a real business situation to compliance.

Relevant guidance

Practical guides for businesses affected by this Act, ordered by how closely they engage with it.

Direct — cites this Act

1 guides

Supporting — topic alignment

1 guides

Other Acts binding the same actors

For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.

Any Person also bound by 749 other Acts (top 5 shown)
Directors and Officers also bound by 224 other Acts (top 5 shown)

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

Part 1 — General functions of the CMA

s.005

Acquisition of information etc.

Other duties (1) — Crown / regulator
  • CMA must gather and review information to perform its functions Statutory regulator
Browse 11 other sections in this Part — procedural / definitional / commencement

Part 3 — Mergers

s.034

Duty of CMA where case referred by the European Commission

Other duties (1) — Crown / regulator
  • CMA must investigate mergers referred by the European Commission Statutory regulator
s.068

Further duty to make references in relation to completed mergers

Other duties (1) — Crown / regulator
  • CMA must investigate energy network mergers that may harm competition Statutory regulator
s.068

Further duty to make references in relation to anticipated mergers

Other duties (1) — Crown / regulator
  • CMA must investigate certain planned energy network mergers Statutory regulator
s.068

Opinion of the Gas and Electricity Markets Authority

Other duties (1) — Crown / regulator
  • Ofgem must publish its methods for assessing energy network mergers Statutory regulator
s.070

Water mergers

Other duties (1) — Crown / regulator
  • CMA must investigate water company mergers above turnover thresholds Statutory regulator
s.091

Register of undertakings and orders

Other duties (1) — Crown / regulator
  • CMA must maintain a public register of enforcement undertakings and orders Statutory regulator
s.094

Interim undertakings and orders under this Part: penalties

  • Breach interim merger or market investigation orders Any Person
s.094

Enforcement of undertakings and orders: imposition of penalties

Unlimited fine
  • Fail to comply with competition enforcement undertakings or orders Any Person
s.094

Statement of policy in relation to functions under sections 94 and 94AA

Other duties (1) — Crown / regulator
  • CMA must publish policy on enforcement and penalties Statutory regulator
s.095

Transferred EU merger commitments

  • Comply with transferred EU merger commitments Any Person
s.104

Public consultation in relation to media mergers

Amended 11 times
Other duties (1) — Crown / regulator
  • CMA must consult the public regarding media mergers Statutory regulator
s.106

Advice and information in relation to media mergers

Amended 15 times
s.106

General advisory functions of OFCOM

Amended 15 times
s.109

Transferred EU merger commitments: witnesses, documents etc

Amended 110 times
s.110

Restriction on powers to impose penalties under section 110

Amended 67 times
s.110

Section 110A: supplementary provision

Amended 67 times
s.116

Intentional destruction etc of documents

Amended 64 times
s.119

Other general functions of OFCOM in relation to this Part

Amended 5 times
s.119

Monitoring role for CMA in relation to media mergers

Amended 5 times
Other duties (1) — Crown / regulator
  • CMA must monitor media markets for public interest merger concerns Statutory regulator
Browse 94 other sections in this Part — procedural / definitional / commencement
s.023

Relevant enterprises

s.034

Power to request information in referred cases

s.034

Functions to be exercised by CMA groups

s.034

Time-limits for decisions about references

s.034

Extension of time-limits

s.034

Sections 34ZA and 34ZB: supplementary

s.034

Fast-track reference requests

s.034

Fast-track reference requests: procedure

s.034

Acceptance by the CMA of fast-track reference requests

s.041

Time-limit for discharging duty under section 41

s.041

Section 41A: supplementary

s.044

Additional investigation and report by OFCOM : media mergers

s.046

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

s.046

Extension of preliminary assessment period

s.046

Power to request information in referred cases

s.046

Functions to be exercised by CMA groups

s.058

Construction of consideration specified in section 58(2C)

s.059

Construction of conditions in section 59(3C) and (3D)

s.061

Additional investigation and report by OFCOM : certain media mergers

s.062

Functions to be exercised by CMA groups

s.068

Relevant merger situations involving energy network mergers

s.068

Combined references

s.068

Modification of this Part

s.070

Intervention by the Secretary of State

s.070

Investigation and report by the CMA

s.070

Intervention to prevent foreign control of a newspaper enterprise

s.070

Other powers under this Part

s.070

Meaning of “foreign power”

s.070

Other interpretation

s.070

Regulations

s.073

Time-limits for consideration of undertakings

s.073

Section 73A: supplementary

s.094

Penalties under section 94AA : amount

s.095

Power of directions in connection with transferred EU merger commitments

Part 4 — Market Studies and Market Investigations

s.130

Duty to publish market study notice

Amended 28 times
s.131

Decisions about references under section 131: consultation

Amended 8 times
s.131

Market studies and the making of decisions to refer: time-limits etc

Amended 8 times
s.131

Time-limits under section 131B: supplementary

Amended 8 times
s.133

Functions to be exercised by CMA groups

Amended 10 times
s.138

Time-limits for discharging duty under section 138

Amended 3 times
s.138

Section 138A: supplementary

Amended 3 times
s.140

Section 139(1) intervention notices: Secretary of State's duty to refer

Amended 17 times
s.140

Variation of restricted PI references and full PI references

Amended 17 times
s.141

Full PI references: questions to be decided by CMA

Amended 7 times
Other duties (1) — Crown / regulator
  • CMA must investigate competition and public interest on Secretary of State referral Statutory regulator
s.141

Full PI references: power of Secretary of State to appoint expert

Amended 7 times
s.143

Full PI references: publication etc of reports of CMA

Amended 8 times
Other duties (1) — Crown / regulator
  • CMA must publish reports on public interest merger investigations Statutory regulator
s.146

Full PI references: decision of Secretary of State

Amended 2 times
s.147

Full PI references: remedial action by Secretary of State

Amended 4 times
s.148

Full PI references: reversion of the matter to CMA

Amended 7 times
s.154

Undertakings fully or partially in lieu of references or reports

Amended 2 times
s.161

Acceptance of enforcement undertakings: Part 4

Amended 12 times
Other duties (1) — Crown / regulator
  • CMA or Secretary of State must explain consequences before accepting undertakings Statutory regulator
s.161

Implementation trials: purpose and interpretation

Amended 12 times
s.161

Power to conduct implementation trials

Amended 12 times
s.161

Implementation trials: notices

Amended 12 times
Other duties (1) — Crown / regulator
  • Regulators must publish notices before starting implementation trials Statutory regulator
s.161

Implementation trials: supplementary

Amended 12 times
Other duties (1) — Crown / regulator
  • Relevant authorities must explain consequences before accepting undertakings Statutory regulator
s.162

Duty of CMA to monitor effectiveness of undertakings and orders: Part 4

Amended 20 times
Other duties (1) — Crown / regulator
  • CMA must monitor and review the effectiveness of enforcement measures Statutory regulator
s.162

Power to vary etc undertakings and orders: implementation trials

Amended 20 times
s.167

Enforcement of undertakings and orders etc : imposition of penalties

Unlimited fine Amended 13 times
  • Breach of merger or market competition undertakings or orders Any Person
s.167

Penalties under section 167A: amount

Amended 13 times
s.167

Statement of policy in relation to functions under sections 167 and 167A

Amended 13 times
Other duties (1) — Crown / regulator
  • CMA must publish policy on enforcement and penalties Statutory regulator
s.174

Enforcement of powers under section 174: imposition of penalties

Amended 10 times
s.174

Restriction on powers to impose penalties under section 174A

Amended 10 times
s.174

Section 174B: supplementary provision

Amended 10 times
s.174

Penalties : amount

Amended 10 times
s.174

Statement of policy on penalties

Amended 10 times
s.174

Extra-territorial application of notices under section 174

Amended 10 times

Part 6 — Cartel offence

s.188

Circumstances in which cartel offence not committed

Amended 4 times
s.188

Defences to commission of cartel offence

Amended 4 times
s.190

Cartel offence: prosecution guidance

Amended 3 times
Other duties (1) — Crown / regulator
  • CMA must publish guidance on cartel offence prosecutions Statutory regulator
s.201

Offences

6 months imprisonment Amended 2 times
  • Fail to comply with a CMA or regulator information request Any Person

Part 8 — Enforcement of certain consumer legislation

s.218

Unfair commercial practices: substantiation of claims

Amended 4 times
s.218

Applications

Amended 4 times
s.218

Online interface orders

Amended 4 times
s.218

Interim online interface orders

Amended 4 times
s.218

Online interface orders: supplementary

Amended 4 times
s.219

Definition of enhanced consumer measures

Amended 11 times
s.219

Inclusion of enhanced consumer measures etc.

Amended 11 times
s.219

Availability of enhanced consumer measures to private enforcers

Amended 11 times
s.223

Investigatory powers

Amended 3 times
s.227

Power to enter premises without warrant

Amended 2 times
s.227

Powers exercisable on the premises

Amended 2 times
s.227

Power to enter premises with warrant

Amended 2 times
s.227

Ancillary provisions about powers of entry

Amended 2 times
s.227

Obstructing, or failing to co-operate with, powers of entry

Amended 2 times
s.227

Retention of documents and goods

Amended 2 times
s.235

CPC Regulation

Amended 3 times
s.235

Dual enforcers

Amended 3 times

Part 9 — Information

s.241

Civil proceedings

Amended 2 times
s.243

Overseas disclosures for both overseas and domestic purposes

Amended 7 times
s.243

Overseas disclosures for overseas purposes only

Amended 7 times
s.243

Overseas disclosures for designated cooperation arrangement purposes

Amended 7 times
s.243

Use and further disclosure of information disclosed under sections 243A and 243B

Amended 7 times
s.243

Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B

Amended 7 times
s.243

Relevant considerations relating to overseas disclosures under sections 243A and 243B

Amended 7 times
s.245

Offences

2 years imprisonment Amended 2 times
  • Unlawful disclosure or misuse of protected information Any Person
s.246

Interpretation

Amended 1 time

Schedules

s.sch004

Tribunal: procedure

Other duties (1) — Crown / regulator
  • Tribunal must protect sensitive business information in its decisions Tribunal / Court
Browse 27 other Schedules — structural / supplementary

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

Enforcement and responsible bodies

The regulators that administer or enforce this legislation.

CMA

Primary

Competition and Markets Authority

Promotes competitive markets and tackles unfair behaviour. Investigates mergers, enforces competition law, and has specific digital markets powers. Digital Markets Unit (DMU) …

Office of Gas and Electricity Markets

Regulates gas and electricity markets in Great Britain. Issues licences for generation, transmission, distribution, and supply. Protects consumers and promotes competition. Also …

Trading Standards (Local Authority)

Enforces consumer protection legislation including food labelling, weights and measures, product safety, and fair trading. Part of local authority structure. Investigates food …

The Insolvency Service

Administers compulsory company liquidations and personal bankruptcies. Investigates director misconduct and can seek disqualification orders. Manages redundancy payments from the National Insurance …

Panel on Takeovers and Mergers

Regulates takeovers and mergers involving public companies and some private companies in the UK. Issues the Takeover Code. Ensures shareholders are treated …

GCA

Groceries Code Adjudicator

Enforces the Groceries Supply Code of Practice governing relationships between the 14 designated retailers and their direct suppliers. Investigates complaints, can impose …

Water Services Regulation Authority

Economic regulator for the water and sewerage sectors in England and Wales. Sets price limits, monitors service quality, and enforces environmental duties. …

Water Industry Commission for Scotland

Economic regulator for the Scottish water industry. Sets charges for Scottish Water and promotes efficiency and value for money.

Utility Regulator (Northern Ireland)

Regulates electricity, gas, and water industries in Northern Ireland. Protects consumers, promotes competition, and ensures adequate utility supply.

PSR

Payment Systems Regulator

Economic regulator for payment systems in the UK. Promotes competition, innovation, and service-user interests in payment systems. Regulates participants in designated payment …

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Regulators

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