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The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

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Final undertakings and orders

9.—(1) The Secretary of State may, in accordance with article 12(6) to (8) accept, from such persons as she considers appropriate, undertakings to take action specified or described in the undertakings.

(2) An undertaking under this paragraph—

(a)shall come into force when accepted;

(b)may be varied or superseded by another undertaking; and

(c)may be released by the Secretary of State.

(3) An undertaking which is in force under this paragraph in relation to a reference under article 5 shall cease to be in force if an order under paragraph 6(1)(b) or 10 comes into force in relation to the subject-matter of the undertaking.

(4) No undertaking shall be accepted under this paragraph in relation to a reference under article 5 if an order has been made under—

(a)paragraph 6(1)(b) or 10 in relation to the subject-matter of the undertaking; or

(b)paragraph 11 in relation to that reference.

(5) The Secretary of State shall, as soon as reasonably practicable, consider any representations received by her in relation to varying or releasing an undertaking under this paragraph.

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