Office of Public Sector Information
PART 8 continued
(10) A person is an associate of an individual if—
(a) he is the spouse of the individual;
(b) he is a relative of the individual;
(c) he is a relative of the individual’s spouse;
(d) he is the spouse of a relative of the individual;
(e) he is the spouse of a relative of the individual’s spouse;
(f) he lives in the same household as the individual otherwise than merely because he or the individual is the other’s employer, tenant, lodger or boarder;
(g) he is a relative of a person who is an associate of the individual by virtue of paragraph (f);
(h) he has at some time in the past fallen within any of paragraphs (a) to (g).
(11) A person is also an associate of—
(a) an individual with whom he is in partnership;
(b) an individual who is an associate of the individual mentioned in paragraph (a);
(c) a body corporate if he is a controller of it or he is an associate of a person who is a controller of the body corporate.
(12) A body corporate is an associate of another body corporate if—
(a) the same person is a controller of both;
(b) a person is a controller of one and persons who are his associates are controllers of the other;
(c) a person is a controller of one and he and persons who are his associates are controllers of the other;
(d) a group of two or more persons is a controller of each company and the groups consist of the same persons;
(e) a group of two or more persons is a controller of each company and the groups may be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person of whom he is an associate.
(13) A relative is a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant.
(1) This section applies if a court makes an enforcement order or an interim enforcement order against a body corporate and—
(a) at the time the order is made the body corporate is a member of a group of interconnected bodies corporate,
(b) at any time when the order is in force the body corporate becomes a member of a group of interconnected bodies corporate, or
(c) at any time when the order is in force a group of interconnected bodies corporate of which the body corporate is a member is increased by the addition of one or more further members.
(2) The court may direct that the order is binding upon all of the members of the group as if each of them were the body corporate against which the order is made.
(3) A group of interconnected bodies corporate is a group consisting of two or more bodies corporate all of whom are interconnected with each other.
(4) Any two bodies corporate are interconnected—
(a) if one of them is a subsidiary of the other, or
(b) if both of them are subsidiaries of the same body corporate.
(5) “Subsidiary” must be construed in accordance with section 736 of the Companies Act 1985 (c. 6).
(1) The OFT may for any of the purposes mentioned in subsection (2) give notice to any person requiring the person to provide it with the information specified in the notice.
(2) The purposes are—
(a) to enable the OFT to exercise or to consider whether to exercise any function it has under this Part;
(b) to enable a designated enforcer to which section 225 does not apply to consider whether to exercise any function it has under this Part;
(c) to enable a Community enforcer to consider whether to exercise any function it has under this Part;
(d) to ascertain whether a person has complied with or is complying with an enforcement order, an interim enforcement order or an undertaking given under section 217(9), 218(10) or 219.
(1) This section applies to—
(a) every general enforcer (other than the OFT);
(b) every designated enforcer which is a public body.
(2) An enforcer to which this section applies may for any of the purposes mentioned in subsection (3) give notice to any person requiring the person to provide the enforcer with the information specified in the notice.
(3) The purposes are—
(a) to enable the enforcer to exercise or to consider whether to exercise any function it has under this Part;
(b) to ascertain whether a person has complied with or is complying with an enforcement order or an interim enforcement order made on the application of the enforcer or an undertaking given under section 217(9) or 218(10) (as the case may be) following such an application or an undertaking given to the enforcer under section 219.
(1) This section applies to a notice given under section 224 or 225.
(2) The notice must—
(a) be in writing;
(b) specify the purpose for which the information is required.
(3) If the purpose is as mentioned in section 224(2)(a), (b) or (c) or 225(3)(a) the notice must specify the function concerned.
(4) A notice may specify the time within which and manner in which it is to be complied with.
(5) A notice may require the production of documents or any description of documents.
(6) An enforcer may take copies of any documents produced in compliance with such a requirement.
(7) A notice may be varied or revoked by a subsequent notice.
(8) But a notice must not require a person to provide any information or produce any document which he would be entitled to refuse to provide or produce—
(a) in proceedings in the High Court on the grounds of legal professional privilege;
(b) in proceedings in the Court of Session on the grounds of confidentiality of communications.
(1) If a person fails to comply with a notice given under section 224 or 225 the enforcer who gave the notice may make an application under this section.
(2) If it appears to the court that the person to whom the notice was given has failed to comply with the notice the court may make an order under this section.
(3) An order under this section may require the person to whom the notice was given to do anything the court thinks it is reasonable for him to do for any of the purposes mentioned in section 224 or 225 (as the case may be) to ensure that the notice is complied with.
(4) An order under this section may require the person to meet all the costs or expenses of the application.
(5) If the person is a company or association the court in proceeding under subsection (4) may require any officer of the company or association who is responsible for the failure to meet the costs or expenses.
(6) The court is a court which may make an enforcement order.
(7) In subsection (5) an officer of a company is a person who is a director, manager, secretary or other similar officer of the company.
(1) Proceedings under this Part are civil proceedings for the purposes of—
(a) section 11 of the Civil Evidence Act 1968 (c. 64) (convictions admissible as evidence in civil proceedings);
(b) section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) (corresponding provision in Scotland);
(c) section 7 of the Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.)) (corresponding provision in Northern Ireland).
(2) In proceedings under this Part any finding by a court in civil proceedings that an act or omission mentioned in section 211(2)(b), (c) or (d) or 212(1) has occurred—
(a) is admissible as evidence that the act or omission occurred;
(b) unless the contrary is proved, is sufficient evidence that the act or omission occurred.
(3) But subsection (2) does not apply to any finding—
(a) which has been reversed on appeal;
(b) which has been varied on appeal so as to negative it.
(1) As soon as is reasonably practicable after the passing of this Act the OFT must prepare and publish advice and information with a view to—
(a) explaining the provisions of this Part to persons who are likely to be affected by them, and
(b) indicating how the OFT expects such provisions to operate.
(2) The OFT may at any time publish revised or new advice or information.
(3) Advice or information published in pursuance of subsection (1)(b) may include advice or information about the factors which the OFT may take into account in considering how to exercise the functions conferred on it by this Part.
(4) Advice or information published by the OFT under this section is to be published in such form and in such manner as it considers appropriate.
(5) In preparing advice or information under this section the OFT must consult such persons as it thinks are representative of persons affected by this Part.
(6) If any proposed advice or information relates to a matter in respect of which another general enforcer or a designated enforcer may act the persons to be consulted must include that enforcer.
(1) This section applies if a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment or subordinate legislation specified by the Secretary of State by order for the purposes of this section.
(2) The authority must give the OFT—
(a) notice of its intention to start the proceedings;
(b) a summary of the evidence it intends to lead in respect of the charges.
(3) The authority must not start the proceedings until whichever is the earlier of the following—
(a) the end of the period of 14 days starting with the day on which the authority gives the notice;
(b) the day on which it is notified by the OFT that the OFT has received the notice and summary given under subsection (2).
(4) The authority must also notify the OFT of the outcome of the proceedings after they are finally determined.
(5) But such proceedings are not invalid by reason only of the failure of the authority to comply with this section.
(6) Subordinate legislation has the same meaning as in section 21(1) of the Interpretation Act 1978 (c. 30).
(7) An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies if—
(a) a person is convicted of an offence by or before a court in the United Kingdom, or
(b) a judgment is given against a person by a court in civil proceedings in the United Kingdom.
(2) The court may make arrangements to bring the conviction or judgment to the attention of the OFT if it appears to the court—
(a) having regard to the functions of the OFT under this Part or under the Estate Agents Act 1979 (c. 38) that it is expedient for the conviction or judgment to be brought to the attention of the OFT, and
(b) without such arrangements the conviction or judgment may not be brought to the attention of the OFT.
(3) For the purposes of subsection (2) it is immaterial that the proceedings have been finally disposed of by the court.
(4) Judgment includes an order or decree and references to the giving of the judgment must be construed accordingly.
(1) References in this Part to goods and services must be construed in accordance with this section.
(2) Goods include—
(a) buildings and other structures;
(b) ships, aircraft and hovercraft.
(3) The supply of goods includes—
(a) supply by way of sale, lease, hire or hire purchase;
(b) in relation to buildings and other structures, construction of them by one person for another.
(4) Goods or services which are supplied wholly or partly outside the United Kingdom must be taken to be supplied to or for a person in the United Kingdom if they are supplied in accordance with arrangements falling within subsection (5).
(5) Arrangements fall within this subsection if they are made by any means and—
(a) at the time the arrangements are made the person seeking the supply is in the United Kingdom, or
(b) at the time the goods or services are supplied (or ought to be supplied in accordance with the arrangements) the person responsible under the arrangements for effecting the supply is in or has a place of business in the United Kingdom.
(1) This section has effect for the purpose of references in this Part to a person supplying or seeking to supply goods under—
(a) a hire-purchase agreement;
(b) a credit-sale agreement;
(c) a conditional sale agreement.
(2) The references include references to a person who conducts any antecedent negotiations relating to the agreement.
(3) The following expressions must be construed in accordance with section 189 of the Consumer Credit Act 1974 (c. 39) —
(a) hire-purchase agreement;
(b) credit-sale agreement;
(c) conditional sale agreement;
(d) antecedent negotiations.
(1) References in this Part to the supply of services must be construed in accordance with this section.
(2) The supply of services does not include the provision of services under a contract of service or of apprenticeship whether it is express or implied and (if it is express) whether it is oral or in writing.
(3) The supply of services includes—
(a) performing for gain or reward any activity other than the supply of goods;
(b) rendering services to order;
(c) the provision of services by making them available to potential users.
(4) The supply of services includes making arrangements for the use of computer software or for granting access to data stored in any form which is not readily accessible.
(5) The supply of services includes making arrangements by means of a relevant agreement (within the meaning of section 189(2) of the Broadcasting Act 1990 (c. 42)) for sharing the use of telecommunications apparatus.
(6) The supply of services includes permitting or making arrangements to permit the use of land in such circumstances as the Secretary of State specifies by order.
(7) The power to make an order under subsection (6) must be exercised by statutory instrument.
(8) But no such order may be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
In this Part the Injunctions Directive is Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests.
This Part binds the Crown.
Enterprise Act 2002