Explanatory note

This Order amends the lists of enactments in Schedules 14 and 15 to the Enterprise Act 2002 (c. 40) (“the Act”).

Part 9 of 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 in section 238 of the Act, includes information which comes to a public authority in connection with the exercise of any function it has under an enactment specified in Schedule 14.

Section 241(3) of the Act provides that a public authority may disclose specified information to another person for the purposes of facilitating the exercise of any function that person has under or by virtue of, amongst other things, enactments specified in Schedule 15.

Article 2(2) amends the list of enactments in Schedule 14 to include articles 13A to 13E of the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I. 2002/3150 (N.I. 4)) which relates to the disqualification of directors of companies registered in Northern Ireland in connection with competition infringements. Article 2(2) therefore ensures that information which comes to a public authority in connection with its functions under those articles is subject to the general restriction on disclosure of specified information in Part 9 of the Act, unless its disclosure is permitted under one of the disclosure gateways in that Part.

Article 2(3) amends the list of enactments in Schedule 15 to include the Bank of England Act 1998 (c. 11), the Banking Act 2009 (c. 1) and Schedule 11 to the Financial Services and Markets Act 2023 (c. 29), all of which confer functions on the Bank of England. It also adds the Procurement Act 2023 (c.54) which confers functions in relation to the public procurement regime in the United Kingdom and contains provisions regarding the exclusion of suppliers in connection with infringements or potential infringements of competition law. Article 2(3) therefore enables a public authority which holds specified information, the disclosure of which is restricted by Part 9 of the Act, to disclose that information to the Bank of England or contracting authorities under the Procurement Act 2023, for example, for the purpose of facilitating the exercise by them of functions under those enactments.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.