The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003

Companies (Northern Ireland) Order 1990

15.—(1) The Companies (Northern Ireland) Order 1990(1) is amended as follows.

(2) In Schedule 14 (supervisory and qualifying bodies: restrictive practices)—

(a) paragraph 4(5) is revoked;

(b) after paragraph 4 there is inserted—

“Enforcement

4A— (1) The court may, on an application by the OFT, enquire into whether any person (“the defaulter”) has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 4.

(2) An application under sub-paragraph (1) shall include details of the possible failure which the OFT considers has occurred.

(3) In enquiring into a case under sub-paragraph (1), the court shall hear any witness who may be produced against or on behalf of the defaulter and any statement which may be offered in defence.

(4) Sub-paragraphs (5) and (6) apply where the court is satisfied, after hearing any witnesses and statements as mentioned in sub-paragraph (3), that the defaulter has refused or otherwise failed, without reasonable excuse, to comply with a notice under paragraph 4.

(5) The court may punish the defaulter as it would have been able to punish him had he been guilty of contempt of court.

(6) Where the defaulter is a body corporate, the court may punish any director or officer of the defaulter as it would have been able to punish that director or officer had the director or officer been guilty of contempt of court.

(7) In this paragraph “the court” means the High Court.

4B— (1) A person commits an offence if he intentionally alters, suppresses or destroys a document which he has been required to produce by a notice under paragraph 4.

(2) A person who commits an offence under sub-paragraph (1) shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”; and

(c) paragraph 8 (exemptions from the Fair Trading Act 1973) is revoked.

(1)

S.I. 1990/593 (N.I. 5).