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Consultation on a draft Statutory Instrument enabling disclosure of information for civil proceedings under the Enterprise Act 2002

Starting Date: 11-12-06

Closing Date: 31-01-07

This was a consultation on a draft Statutory Instrument enabling disclosure of information for civil proceedings under the Enterprise Act 2002.

Part 9 of the Enterprise Act 2002 (EA02) protects information obtained by public authorities under consumer and competition legislation about particular businesses and individuals from misuse whilst allowing the disclosure of such information for legitimate purposes. For example Part 9 allows the release of information by public authorities when performing their functions under particular legislation or to another authority for it to perform its functions. Part 9 strikes a balance between the protection of sensitive information and its proper use.

The Companies Act 2006 adds a new section 241A to Part 9 of the Enterprise Act 2002 to allow disclosure for civil proceedings. The kind of information which may be disclosed and the definition of the types of civil proceedings for which disclosure is permitted will be set out in secondary legislation. It was agreed that we would give stakeholders an opportunity to comment on our proposals for the secondary legislation.

Changes have been made to the proposals as a result of the consultation and are detailed in the Government Response and RIA.

Consultation Documents

• Part 9 of the Enterprise Act 2002 - A consultation on a draft Statutory Instrument enabling disclosure of information for civil proceedings under the Enterprise Act 2002 (1011KB)

Consultation Responses

• Part 9 of the Enterprise Act 2002. Government response to consultation on a draft Statutory Instrument enabling disclosure of information for civil proceedings under the Enterprise Act 2002 (94KB)
• Final regulatory impact assessment: part 9 Enterprise Act 2002 disclosure of information for civil proceedings (174KB)