Enterprise Act 2002

[F1 243E Directions by the Secretary of State relating to overseas disclosures under sections 243A and 243B U.K.

(1) The Secretary of State may direct that a disclosure permitted under section 243A or 243B must not be made if the Secretary of State thinks that, in connection with any matter in respect of which the disclosure could be made, it is more appropriate—

(a) if any investigation is to be carried out, that it is carried out by an authority in the United Kingdom or in another specified country or territory (rather than by the overseas public authority);

(b) if any proceedings are to be brought, that they are brought in a court in the United Kingdom or in another specified country or territory (rather than in the country or territory of the overseas authority).

(2) In subsection (1), “specified” means specified in the direction.

[F2 (2A) The Secretary of State may not make a direction under this section in relation to a disclosure permitted under section 243A or 243B that relates to assistance provided by a relevant regulator to an overseas regulator by virtue of Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024.]

(3) The Secretary of State must take such steps as the Secretary of State thinks are appropriate to bring a direction under subsection (1) to the attention of persons likely to be affected by it.]

Textual Amendments

F1 Ss. 243A-243F substituted for s. 243 (24.5.2024 for specified purposes, 1.1.2025 in so far as not already in force) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 326(2), 339(2)(c); S.I. 2024/1226, regs. 1(2), 2(1)(5)(a) (with Sch. para. 19, 20)

F2 S. 243E(2A) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 28 para. 5; S.I. 2024/1226, regs. 1(2), 2(1)(20)