Chwilio Deddfwriaeth

Enterprise Act 2002

Section 164: Enforcement undertakings and orders under this Part: general provisions

367.This section applies certain provisions from the mergers regime (Part 3) in the context of market investigations. It also specifies the minimum contents of any order.

368.Section 86 makes certain general provisions applicable to all orders.

369.Section 87 allows the person making an order to give directions to an individual or to an office-holder in any company or association.

Section 165: Procedural requirements for certain undertakings and orders: Part 4

370.This section brings into effect procedural requirements for making, varying or revoking orders and undertakings set out in Schedule 10.

371.These procedural requirements apply to final orders and undertakings. Interim orders do not have to comply with these procedural requirements because they may need to be introduced at short notice. However, unlike in mergers, paragraph 9 of the Schedule has been excluded to ensure that undertakings and orders are published in draft in every case.

Section 166: Register of undertakings and orders: Part 4

372.This section creates a register to be maintained by the OFT of all orders and undertakings made or accepted by the OFT, relevant sectoral regulators, CC or Secretary of State. This register will be available to the public. The sectoral regulators are not required to compile and maintain such a register.

Section 167: Rights to enforce undertakings and orders under this Part

373.This section makes provision for the enforcement of undertakings and orders through the courts along the same lines as section 94 in Part 3.

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