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Enterprise Act 2002

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This is the original version (as it was originally enacted).

162Duty of OFT to monitor undertakings and orders: Part 4
This section has no associated Explanatory Notes

(1)The OFT shall keep under review the carrying out of any enforcement undertaking or any enforcement order.

(2)The OFT shall, in particular, from time to time consider—

(a)whether an enforcement undertaking or enforcement order has been or is being complied with;

(b)whether, by reason of any change of circumstances, an enforcement undertaking is no longer appropriate and—

(i)one or more of the parties to it can be released from it; or

(ii)it needs to be varied or to be superseded by a new enforcement undertaking; and

(c)whether, by reason of any change of circumstances, an enforcement order is no longer appropriate and needs to be varied or revoked.

(3)The OFT shall give the Commission or (as the case may be) the Secretary of State such advice as it considers appropriate in relation to—

(a)any possible variation or release by the Commission or (as the case may be) the Secretary of State of an enforcement undertaking accepted by it or (as the case may be) him;

(b)any possible new enforcement undertaking to be accepted by the Commission or (as the case may be) the Secretary of State so as to supersede another enforcement undertaking given to the Commission or (as the case may be) the Secretary of State;

(c)any possible variation or revocation by the Commission or (as the case may be) the Secretary of State of an enforcement order made by the Commission or (as the case may be) the Secretary of State;

(d)any possible enforcement undertaking to be accepted by the Commission or (as the case may be) the Secretary of State instead of an enforcement order or any possible enforcement order to be made by the Commission or (as the case may be) the Secretary of State instead of an enforcement undertaking; or

(e)the enforcement by virtue of section 167(6) to (8) of any enforcement undertaking or enforcement order.

(4)The OFT shall take such action as it considers appropriate in relation to—

(a)any possible variation or release by it of an undertaking accepted by it under section 154;

(b)any possible new undertaking to be accepted by it under section 154 so as to supersede another undertaking given to it under that section; or

(c)the enforcement by it by virtue of section 167(6) of any enforcement undertaking or enforcement order.

(5)The OFT shall keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part.

(6)The OFT shall, whenever requested to do so by the Secretary of State and otherwise from time to time, prepare a report of its findings under subsection (5).

(7)The OFT shall—

(a)give any report prepared by it under subsection (6) to the Commission;

(b)give a copy of the report to the Secretary of State; and

(c)publish the report.

(8)In this Part—

  • “enforcement order” means an order made under section 158, 160 or 161; and

  • “enforcement undertaking” means an undertaking accepted under section 154, 157 or 159.

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