http://www.legislation.gov.uk/id/ukpga/2002/40

http://www.legislation.gov.uk/ukpga/2002/40/schedule/21

Enterprise Act 2002

An Act to establish and provide for the functions of the Office of Fair Trading, the Competition Appeal Tribunal and the Competition Service; to make provision about mergers and market structures and conduct; to amend the constitution and functions of the Competition Commission; to create an offence for those entering into certain anti-competitive agreements; to provide for the disqualification of directors of companies engaging in certain anti-competitive practices; to make other provision about competition law; to amend the law relating to the protection of the collective interests of consumers; to make further provision about the disclosure of information obtained under competition and consumer legislation; to amend the Insolvency Act 1986 and make other provision about insolvency; and for connected purposes.

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Statute Law Database

2024-05-17

Expert Participation

2024-04-29

Enterprise Act 2002

s. 84A-84C and cross-heading

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 86(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 91(3)(ba)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92(A1)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 92A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 9

reg. 1(1)

Enterprise Act 2002

s. 109(8B)

(8C)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 109(A1)(c)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 110A(3A)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 10

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(i)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

s. 120(2)(b)(ii) and word

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 11

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 1A

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

Enterprise Act 2002

Sch. 10

para. 6(aa)

The Competition (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 (expired—not approved)

reg. 13

reg. 1(1)

SCHEDULES

SCHEDULE 21Effect of bankruptcy restrictions order and undertaking

Section 257

1Disqualification for acting as receiver or manager

The following shall be substituted for section 31 of the Insolvency Act 1986 (c. 45) (receiver and manager: disqualification)—

31 Disqualification of bankrupt
1
A person commits an offence if he acts as receiver or manager of the property of a company on behalf of debenture holders while—
a
he is an undischarged bankrupt, or
b
a bankruptcy restrictions order is in force in respect of him.
2
A person guilty of an offence under subsection (1) shall be liable to imprisonment, a fine or both.
3
This section does not apply to a receiver or manager acting under an appointment made by the court.

2Bankruptcy offences after discharge

After section 350(3) of the Insolvency Act 1986 (c. 45) (bankruptcy offences: general: no liability after discharge) there shall be inserted—

3A
Subsection (3) is without prejudice to any provision of this Chapter which applies to a person in respect of whom a bankruptcy restrictions order is in force.

3

At the end of section 360 of that Act (obtaining credit and doing business) there shall be inserted—

5
This section applies to the bankrupt after discharge while a bankruptcy restrictions order is in force in respect of him.
6
For the purposes of subsection (1)(a) as it applies by virtue of subsection (5), the relevant information about the status of the person in question is the information that a bankruptcy restrictions order is in force in respect of him.

4Disqualification for acting as insolvency practitioner

At the end of section 390 of that Act (disqualification for insolvency practitioner) there shall be added—

5
A person is not qualified to act as an insolvency practitioner while a bankruptcy restrictions order is in force in respect of him.

5Prohibition against involvement in company

The following shall be substituted for section 11(1) of the Company Directors Disqualification Act 1986 (c. 46) (bankrupt)—

1
It is an offence for a person to act as director of a company or directly or indirectly to take part in or be concerned in the promotion, formation or management of a company, without the leave of the court, at a time when—
a
he is an undischarged bankrupt, or
b
a bankruptcy restrictions order is in force in respect of him.