This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (revoked) No. 578
Draft Order laid before Parliament under section 124(6) of the Enterprise Act 2002, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Competition
Made
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Coming into force in accordance with article 1(2)
The Secretary of State makes this Order in exercise of the powers conferred by sections 123(1) and 124(2) and (3) of the Enterprise Act 2002(1).
In accordance with section 124(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
In accordance with section 123(3) of that Act, in exercising the power under section 123(1) to amend or replace the condition mentioned in section 23(2)(b) of that Act, the Secretary of State had regard, in particular, to the desirability of ensuring that any amended or new condition continues to operate by reference to the degree of commercial strength which results from the enterprises concerned having ceased to be distinct.
Before making this Order the Secretary of State consulted the Competition and Markets Authority in accordance with section 123(4) of that Act(2).
2002 c. 40; section 124(3) was amended by paragraph 24(1) and (2) of Schedule 16 to the Communications Act 2003 c.21.
Section 123(4) was amended by paragraphs 59 and 158 of Part 2 of Schedule 5 to the Enterprise and Regulatory Reform Act 2013 c. 24.
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