Explanatory note

Part 9 of the Enterprise Act 2002 (“the Act”) restricts the disclosure of specified information which relates to the affairs of an individual or any business of an undertaking. Specified information, defined by section 238 of the Act, comprises information which comes to a public authority in connection with the exercise of any function it has under or by virtue of Parts 1, 3, 4, 6, 7 or 8 of the Act, an enactment specified in Schedule 14 or subordinate legislation specified by order of the Secretary of State.

Section 241A of the Act (which was inserted by section 1281 of the Companies Act 2006) provides that specified information, which is prescribed by order, may be disclosed for the purposes of, or in connection with, civil proceedings, which are prescribed by order. Section 241A(2) excludes from the information which may be specified by order certain categories of information relating to competition matters.

Article 2 prescribes all specified information to which section 237 applies (other than that excluded by section 241A(2)) except for that set out in article 2(a) to (c) (certain information obtained by the OFT, regulators and Her Majesty’s Revenue and Customs).

Article 3 prescribes the kinds of proceedings for which the information prescribed by this Order may be disclosed. These are proceedings in respect of the rights and obligations of consumers and those relating to or arising out of the infringement or misuse of intellectual property rights. Section 241A permits prescribed information to be disclosed for obtaining legal advice in relation to such prescribed proceedings and otherwise for the purposes of establishing, enforcing or defending legal rights that are or may be the subject of such prescribed proceedings.

A regulatory impact assessment of the effect that these Regulations will have on the costs to business is available from the Consumer and Competition Policy Directorate, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. It is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk. Copies of the regulatory impact assessment have also been placed in the libraries of both Houses of Parliament.