HC Deb 29 January 2004 vol 417 cc495-6W
Mrs. Curtis-Thomas

To ask the Secretary of State for Trade and Industry what powers were introduced by the Enterprise Act 2002. [148898]

Mr. Sutcliffe

The main provisions of the Enterprise Act 2002 are:

Office of Fair Trading

The Act establishes the OFT on a statutory basis as a corporate body. The Act provides the OFT with a number of new powers, including the following: power to compel persons to answer questions or otherwise provide information or documents relevant to an investigation; powers of surveillance, in accordance with the Regulation of Investigatory Powers Act 2000; power to apply to court for orders disqualifying directors of companies which have committed a breach of competition law; power to enter premises under a warrant.

Competition Measures expert, independent, competition bodies take decisions on mergers and markets against a new competition-based test within a more transparent, predictable and accountable framework; there is a new right of appeal to the Competition Appeals Tribunals in merger and market inquiries; there are rules for the conduct of the Competition Commission's inquiries allowing for a more transparent remedies-setting phase; criminal sanctions with a maximum penalty of five years in prison to deter those individuals who dishonestly operate hardcore cartels—agreements to fix prices, share markets, limit production and rig bids; there are greater opportunities to gain redress for victims of anti-competitive behaviour, consumer bodies who are able to make claims on behalf of individuals who have suffered.

Consumer Protection Measures the Stop Now Orders regime has been extended to protect consumers from traders who do not meet their legal obligations; the OFT is able to give formal approval to codes of practice; consumer bodies are able to make 'super-complaints' to the OFT.

Insolvency Reforms The Crown's preferential right to recover unpaid taxes ahead of other creditors have been abolished; reform of corporate insolvency law and a streamlining of administration; a new Bankruptcy Restrictions Order regime has been introduced; the financial regime of the Insolvency Service has been modernised.