
1 
This Order may be cited as the Enterprise Act 2002 (Part 8 Request for Consultation) Order 2003 and shall come into force on 20th June 2003.
2 
In this Order:
 “electronic address” includes a fax number and an e-mail address; and
 “enforcement subject” means a person against whom an enforcement order would be sought by an enforcer.
3 
Articles 4 to 7 below set out rules in respect of an enforcer making an initial request for consultation to an enforcement subject under section 214 of the Enterprise Act 2002.
4 
An initial request for consultation may be made:
(a) by posting, or transmitting the request by any means of electronic communication to, or leaving it at, an address for service set out in article 5 appropriate to the method of communication addressed to a person specified in article 6; or
(b) by delivering the request personally to a person specified in article 6.
5 
An initial request for consultation may be sent to one of the following addresses as appropriate:
(a) in respect of an individual his usual or last known place of business, employment, or residence;
(b) in the case of a body corporate its principal or registered office or its principal place of business;
(c) in the case of a limited liability partnership the address of its principal or registered office;
(d) in the case of a partnership or an unincorporated body or association its principal office or principal place of business; or
(e) in any case an electronic address which the enforcement subject has held out as an address at which he or it can be contacted.
6 
The person to whom an initial request for consultation is to be addressed or delivered is:
(a) for an individual, that person;
(b) for a body corporate, a director, secretary, chief executive, treasurer, manager or other officer of the company;
(c) for a limited liability partnership, any designated member as defined by section 18 of the Limited Liability Partnerships Act 2000;
(d) for a partnership, a partner or any person having control or management of the business;
(e) for an unincorporated body or association, the proprietor or a person concerned in the management or control of the body or association.
7 

(1) An initial request for consultation which satisfies the requirements of Article 4 is, unless the contrary is proved, deemed to be received as follows:
(a) where left at an address, the next business day;
(b) where sent by first class post, the second business day after the day on which it was posted;
(c) where sent by second class post, the fifth business day after the day on which it was posted;
(d) where transmitted by any means of electronic communication, the business day after the notice was transmitted over a public electronic communications network;
(e) where delivered personally, the day it is delivered or if delivered after 5 p.m. or on a non-working day the following business day.
(2) A non-working day is a Saturday, Sunday or a day which is a bank holiday in any part of the United Kingdom as a result of the Banking and Financial Dealings Act 1971.
Brian Wilson,
Minister of State for Energy and Construction,
Department of Trade and Industry
23rd May 2003