Part 4C6C7C8C9C10C11C12C13C14C16C15C24C23C17C25C18C21C20C19C22C26F1Market Studies and Market Investigations

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C6

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1988 c. 41, Sch. 7 para. 20(5)-(8) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, Sch. 11 para. 11(3); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C8

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1993 c. 43, s. 67(2A)(2B) (as substituted by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 21(2)); S.I. 2003/1397, art. 2(1), Sch.

C10

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1991 c. 56, s. 31(4) (as substituted by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(3)); S.I. 2003/1397, art. 2(1), Sch.

C11

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1991 c. 56, s. 31(2A) (as substituted by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 19(2)); S.I. 2003/1397, art. 2(1), Sch.

C12

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1984 c. 12, s. 50(2B) (as substituted by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 16(2)); S.I. 2003/1397, art. 2(1), Sch.

C13

Pt. 4 (ss. 131-184) modified (20.6.2003) by 1989 c. 29, s. 43(2B) (as substituted by Enterprise Act 2002 (c. 40), ss. 168(9), 279, Sch. 9 para. 18(2)); S.I. 2003/1397, art. 2(1), Sch.

Pt. 4 (ss. 131-184) modified (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 370(3), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2)

Pt. 4 (ss. 131-184) modified (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 29(4) (with arts. 8(9), 121, 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)

C15

Pt. 4 functions made exercisable concurrently (6.4.2013) by Civil Aviation Act 2012 (c. 19), ss. 60(2), 110(1) (with s. 77(1)-(3), Sch. 10 paras. 12, 17); S.I. 2013/589, art. 2(1)-(3)

C18

Pt. 4 certain functions made exercisable concurrently (1.4.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 59(1)-(5), 148(5); S.I. 2014/823, art.

C26

Pt. 4: certain functions made exercisable concurrently (26.12.2023) by Energy Act 2023 (c. 52), ss. 36(1)-(3), 334(3)(a) (with s. 38)

C24C23C17C25C18C21C20C19C22Chapter 3Enforcement

Undertakings and orders

160 Order-making power where final undertakings not fulfilled: Part 4

1

Subsection (2) applies where the relevant authority considers that—

a

an undertaking accepted by the relevant authority under section 159 has not been, is not being or will not be fulfilled; or

b

in relation to an undertaking accepted by the relevant authority under that section, information which was false or misleading in a material respect was given to F3a relevant person by the person giving the undertaking before the relevant authority decided to accept the undertaking.

F21A

In subsection (1), a “relevant person” means—

a

in a case where the relevant authority is the CMA, the CMA;

b

in a case where the relevant authority is the Secretary of State, the Secretary of State or the CMA.

2

The relevant authority may, for any of the purposes mentioned in section 138(2)F4, 147(2) or (as the case may be) 147A(2), make an order under this section.

3

Subsections (3) to (6) of section 138 F5or 147 or (as the case may be) subsections (3) and (4) of section 147A shall apply for the purposes of subsection (2) above as they apply for the purposes of that section.

4

An order under this section may contain—

C1C2C3C4C5a

anything permitted by Schedule 8; and

b

such supplementary, consequential or incidental provision as the relevant authority considers appropriate.

5

An order under this section—

a

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

b

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

c

may be varied or revoked by another order.

6

F6The Secretary of State shall not vary or revoke an order made by him under this section unless the CMA advises that such a variation or revocation is appropriate by reason of a change of circumstances.

7

In this section “the relevant authority” means—

a

in the case of an undertaking accepted under section 159 by the F7CMA, the F7CMA; and

b

in the case of an undertaking accepted under that section by the Secretary of State, the Secretary of State.