SCHEDULES

SCHEDULE 7Enforcement regime for public interest and special public interest cases

10Final undertakings and orders

1

Sub-paragraph (2) applies where the Secretary of State considers that—

a

an undertaking accepted by him under paragraph 9 has not been, is not being or will not be fulfilled; or

b

in relation to an undertaking accepted by him under that paragraph, information which was false or misleading in a material respect was given to him or the OFT by the person giving the undertaking before he decided to accept the undertaking.

2

The Secretary of State may, for any purpose mentioned in section 55(2) or (as the case may be) 66(6), make an order under this paragraph.

3

Subsections (3) and (4) of section 55 or (as the case may be) subsection (7) of section 66 shall apply for the purposes of sub-paragraph (2) above as they or it applies for the purposes of section 55(2) or (as the case may be) 66(6).

4

An order under this paragraph may contain—

a

anything permitted by Schedule 8; and

b

such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.

5

An order under this paragraph—

a

shall come into force at such time as is determined by or under the order; and

b

may contain provision which is different from the provision contained in the undertaking concerned.

6

No order shall be varied or revoked under this paragraph unless the OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.