162 Duty of [F1CMA] to monitor undertakings and orders: Part 4U.K.
(1)The [F2CMA] shall keep under review the carrying out of any enforcement undertaking or any enforcement order.
(2)The [F2CMA] 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(ii)it needs to be varied or to be superseded by a new enforcement undertaking; and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 [F3CMA] shall give F4... the Secretary of State such advice as it considers appropriate in relation to—
(a)any possible variation or release by F5...the Secretary of State of an enforcement undertaking accepted by F6... him;
(b)any possible new enforcement undertaking to be accepted by F7... the Secretary of State so as to supersede another enforcement undertaking given to F7... the Secretary of State;
(c)any possible variation or revocation by F7... the Secretary of State of an enforcement order made by F7... the Secretary of State;
(d)any possible enforcement undertaking to be accepted by F7... the Secretary of State instead of an enforcement order or any possible enforcement order to be made by F7... the Secretary of State instead of an enforcement undertaking; or
(e)the enforcement by virtue of section [F8167(6) and (7)] of any enforcement undertaking or enforcement order.
(4)The [F9CMA ] 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;
[F10(ba)any possible variation or release by it of an enforcement undertaking accepted by it;
(bb)any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;
(bc)any possible variation or revocation by it of an enforcement order made by it;
(bd)any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;] or
(c)the enforcement by it by virtue of section 167(6) of any enforcement undertaking or enforcement order.
(5)The [F11CMA] shall keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part.
(6)The [F11CMA] 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 [F12CMA] shall—
F13(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)give a copy of the report to the Secretary of State; and
(c)publish [F14any report prepared by it under subsection (6)].
(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.
Textual Amendments
F1Word in s. 162 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(7) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 162(1)(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 162(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(a)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 162(3) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(a)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Words in s. 162(3)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(b)(i) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in s. 162(3)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(b)(ii) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Words in s. 162(3)(b)-(d) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Words in s. 162(3)(e) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(d) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in s. 162(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10S. 162(4)(ba)-(bd) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11Word in s. 162(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F12Word in s. 162(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(6)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F13S. 162(7)(a) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(6)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14Words in s. 162(7)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(6)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Modifications etc. (not altering text)
C1Ss. 91(3), 92(1)(a), 162(1), 166(3) modified (20.6.2003) by 1977 c. 37, s. 50A(7) (as inserted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 8(2)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
C2Ss. 162(1), 166(3) modified (20.6.2003) by S.I. 1982/1080 (N.I. 12), art. 23(6) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 12(2)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
C3Ss. 162(1), 166(3) modified (20.6.2003) by S.I. 1982/1080 (N.I. 12), art. 42(5A) (as inserted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para 12(3)(e)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)