Made under the Enterprise Act 2002
9 statutory instruments made using powers in the Enterprise Act 2002, newest first. Each one is explained section by section in plain English.
The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026
- Department: Department for Digital, Culture, Media and Sport
- Made under: Enterprise Act 2002
Added the continuity of telecommunications supply as a public interest ground for government intervention in UK business mergers.
This Order amends the Enterprise Act 2002 to allow the Secretary of State to intervene in mergers that may affect the continuity of telecommunications services in the United Kingdom.
It establishes a new public interest consideration focused on preventing disruption to the economy, society, public services, and critical national infrastructure.
The Order also grants the Secretary of State specific powers to issue enforcement orders requiring companies to take, or refrain from, particular actions to ensure service continuity during a merger.
The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2026
- Department: Department for Energy Security and Net Zero
- Made under: Enterprise Act 2002
Designated the Motor Fuel Price (Open Data) Regulations 2025 as a specified enactment to regulate the disclosure of information under the Enterprise Act 2002.
This Order designates the Motor Fuel Price (Open Data) Regulations 2025 as specified subordinate legislation under Part 9 of the Enterprise Act 2002.
It subjects information obtained by public authorities via those regulations to statutory restrictions on disclosure concerning individuals and businesses.
Additionally, it authorizes public authorities to disclose such information to third parties to facilitate the exercise of certain statutory functions.
The Order applies to public authorities handling motor fuel pricing data across England, Wales, Scotland, and Northern Ireland.
The Enterprise Act 2002 (Bodies Designated to make Super-complaints) (Amendment) Order 2026
- Department: Department for Business and Trade
- Made under: Enterprise Act 2002
The Order designated Consumer Scotland to the list of bodies authorized to make super-complaints under the Enterprise Act 2002 schedule.
This Statutory Instrument amends the Enterprise Act 2002 (Bodies Designated to make Super-complaints) Order 2004 to formally designate Consumer Scotland as an authorized body capable of making 'super-complaints' to the Competition and Markets Authority.
The power allows Consumer Scotland to raise concerns about features of any market in the United Kingdom that appear to significantly harm consumer interests, extending its remit under the 2002 Act across England, Wales, Scotland, and Northern Ireland, effective from April 6th, 2026.
The Public Interest Merger Reference (Telegraph Media Group Holdings Limited) (Pre-emptive Action) Order 2026
- Department: Department for Culture, Media and Sport
- Made under: Enterprise Act 2002
The Secretary of State imposed a temporary prohibition on pre-emptive actions by DMGT and associated entities concerning the acquisition of Telegraph Media Group Holdings to preserve the status quo pending a public interest review.
This Statutory Instrument, made by the Secretary of State under the Enterprise Act 2002, prevents the parties involved in the proposed acquisition of Telegraph Media Group Holdings Limited by Daily Mail and General Trust plc (DMGT) from taking 'pre-emptive action' while a public interest intervention notice remains in force; the Order mandates that the Telegraph Media Group Holdings business must be carried on separately, maintaining its operational status, editorial independence, key staff, and market position until the review period concludes.
The Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) (No. 2) Regulations 2025
- Department: Department for Culture, Media and Sport
- Made under: Enterprise Act 2002
The Regulations amended Schedule 6B of the Enterprise Act 2002 to impose notification and publication duties on state-owned investors acquiring stakes in newspaper owners, effective in stages from March 13, 2024, for amendment purposes and January 31, 2026, for key operational provisions.
These Regulations amend Part 1A of Schedule 6B to the Enterprise Act 2002, establishing specific conditions under which a foreign power that controls or influences a newspaper owner via a state-owned investor is exempt from merger control prohibitions.
The amendments replace previous conditions by requiring state-owned investors holding directly between 5% and 15% of shares or voting rights in a newspaper owner to issue a qualifying notification to the Secretary of State and publish specified information online within 14 days of acquisition to qualify for the exception, while also limiting the total aggregate holding by state-owned investors across all foreign powers to 15%.
The Competition Appeal Tribunal (Amendment) Rules 2025
- Department: Department for Business and Trade
- Made under: Enterprise Act 2002, Competition and Consumers Act 2024
The 2025 rules amended the Competition Appeal Tribunal Rules 2015 to incorporate procedures for claims under section 101 of the Digital Markets, Competition and Consumers Act 2024.
The Competition Appeal Tribunal (Amendment) Rules 2025 amend the 2015 rules to address claims under section 101 of the Digital Markets, Competition and Consumers Act 2024.
These amendments primarily clarify procedural rules for claims related to breaches of requirements imposed by the Competition and Markets Authority (CMA) and incorporate provisions for CMA notification, potential stays of proceedings, and the Tribunal's consideration of stays.
The changes aim to create a more streamlined and efficient process for resolving such claims.
The Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025
- Department: Department for Culture, Media and Sport
- Made under: Enterprise Act 2002, Competition and Consumers Act 2024
The regulations amended the Enterprise Act 2002 to create exceptions to merger control rules for newspaper enterprises involving foreign powers, clarifying conditions for control or influence and adjusting relevant sections accordingly.
These regulations amend the Enterprise Act 2002 to create exceptions within the merger control regime for newspaper enterprises involving foreign powers.
They introduce specific circumstances under which a foreign power's holding of shares or voting rights in a newspaper owner does not constitute control or influence, primarily focusing on situations involving state-owned investors with limited holdings and associated persons with minimal ownership stakes.
The changes aim to streamline the merger review process while addressing concerns around foreign influence.
The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025
- Department: Department for Culture, Media and Sport
- Made under: Enterprise Act 2002
The Order amended the Enterprise Act 2002 and related legislation to update media merger considerations, clarifying definitions and expanding the scope of public interest reviews.
The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025, effective July 24, 2025, amends the Enterprise Act 2002 to modernize its approach to media mergers.
It updates terminology, replacing 'newspapers' with 'news media' and including broadcasting, thus expanding and clarifying the public interest considerations involved in merger reviews.
These amendments also entail procedural changes in designated sections of the Act and the Enterprise and Regulatory Reform Act 2013.
A savings provision protects the effects of pre-existing decisions.