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Enterprise Act 2002

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This is the original version (as it was originally enacted).

Enforcement undertakings and orders

This section has no associated Explanatory Notes

16(1)Sub-paragraph (2) applies to any undertaking—

(a)accepted (whether before, on or after the appointed day) by a Minister of the Crown—

(i)in pursuance of a proposal under section 56A of the 1973 Act; or

(ii)under section 56F, 75G or 88 of that Act; and

(b)of a description specified in an order made by the Secretary of State under this paragraph.

(2)An undertaking to which this sub-paragraph applies may be—

(a)superseded by a new undertaking accepted by the relevant authority under this paragraph;

(b)varied by an undertaking accepted by the relevant authority under this paragraph; or

(c)released by the relevant authority.

(3)Subject to sub-paragraph (4) and any provision made under section 276(2), the power of the relevant authority under this paragraph to supersede, vary or release an undertaking is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to supersede, vary or release the undertaking would be exercisable under the 1973 Act.

(4)The duty under section 75J(b) of the 1973 Act to give advice shall be a duty of the OFT to consider what action (if any) it should take.

(5)Where the relevant authority has the power by virtue of this paragraph to supersede, vary or release an undertaking accepted by a Minister of the Crown—

(a)in pursuance of a proposal under section 56A of the 1973 Act; or

(b)under section 56F, 75G or 88 of that Act;

the Minister concerned shall accordingly cease to have the power under that Act to supersede, vary or release the undertaking.

(6)In this paragraph “the relevant authority” means—

(a)in the case of an undertaking accepted in pursuance of a proposal under section 56A of the 1973 Act or an undertaking under section 56F or 75G of that Act, the OFT; and

(b)in the case of an undertaking accepted under section 88 of that Act, the Commission.

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