OpenLegislation

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

S.I. 2004/693 · Made 4 March 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COMPETITION

CONSUMER PROTECTION

DISCLOSURE OF INFORMATION

Made 4th March 2004

Laid before Parliament 10th March 2004

Coming into force 4th May 2004

The Secretary of State in exercise of the powers conferred on her by sections 238(1)(c), 241(3)(c) and 277 of the Enterprise Act 2002f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 40.

Contents

  1. 1Citation and Commencement
  2. 2Specified Subordinate Legislation
  3. 3Consequential Amendments
  4. Signature
  5. Schedule 1SPECIFIED SUBORDINATE LEGISLATION
  6. Schedule 2REVOCATIONS
  7. Explanatory note

1Citation and Commencement

This Order may be cited as the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004 and shall come into force on 4th May 2004.

2Specified Subordinate Legislation

The subordinate legislation set out in Schedule 1 to this Order is hereby specified for the purposes of section 238(1)(c) (information) and section 241(3)(c) (statutory functions) of the Enterprise Act 2002.

3Consequential Amendments

Schedule 2 (revocations) has effect.

Signature

Gerry Sutcliffe,

Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,

Department of Trade and Industry

4th March 2004

Schedule 1SPECIFIED SUBORDINATE LEGISLATION

  • Household Appliances (Noise Emission) Regulations 1990f1.

  • Electromagnetic Compatibility Regulations 1992f2.

  • Supply of Machinery (Safety) Regulations 1992f3.

  • Recreational Craft Regulations 1996f4.

  • Lifts Regulations 1997f5.

  • Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999f6.

  • Pressure Equipment Regulations 1999f7.

  • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000f8.

  • Personal Protective Equipment Regulations 2002f9.

  • Packaging (Essential Requirements) Regulations 2003f10.

Schedule 2REVOCATIONS

Revocations
Household Appliances (Noise Emission) Regulations 1990In Regulation 8f1, in paragraph 1, the reference to section 384f2 of the Consumer Protection Act 1987f3 and subparagraph (e).
Electromagnetic Compatibility Regulations 1992Regulation 97.
Supply of Machinery (Safety) Regulations 1992In Schedule 6, in paragraph 3(c), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).
Recreational Craft Regulations 1996In Schedule 15, in paragraph 1(a), for “sections 37 and 38” substitute “section 37”.
Lifts Regulations 1997In Schedule 15, in paragraph 2(b), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).
Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999In regulation 16, in paragraph 3(a), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).
Pressure Equipment Regulations 1999In Schedule 8, in paragraph 2(c), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).
Radio Equipment and Telecommunications Terminal Equipment Regulations 2000In Schedule 9, in paragraph 1(2) the reference to section 38 of the Consumer Protection Act and subparagraph (i).
Personal Protective Equipment Regulations 2002In Schedule 10, in paragraph 1(c), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).
Packaging (Essential Requirements) Regulations 2003In Schedule IV, in paragraph 2(a), the reference to section 38 of the Consumer Protection Act 1987 and subparagraph (viii).

Explanatory note

(This note is not part of the Order)

This Order specifies subordinate legislation for the purposes of sections 238 and 241 of the Enterprise Act 2002. As a result the provisions of Part 9 of the Enterprise Act apply to information obtained by a public authority under the legislation set out in the Schedule.

Section 238 defines “specified information” for the purposes of Part 9 of the Act. “Specified information” is information which comes to a public authority in connection with the exercise of any function it has under or by virtue of, amongst other things, enactments specified in Schedule 14 and such subordinate legislation as specified by Order of the Secretary of State. “Specified information” is subject to the restrictions and permitted disclosures set out in Part 9 of the Act.

Section 241 of the Act provides that a public authority may disclose “specified information” to another person for the purposes of facilitating the exercise of any functions he has under or by virtue of the Act itself, enactments specified in Schedule 15 or such subordinate legislation as specified by Order of the Secretary of State.

The Order also makes consequential amendments.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.