Part 3

Mergers
Chapter 4

Enforcement

Undertakings and orders: general provisions

Delegated power of directions
87
1
An enforcement order may authorise the person making the order to give directions falling within subsection (2) to—
a
a person specified in the directions; or
b
the holder for the time being of an office so specified in any body of persons corporate or unincorporate.
2
Directions fall within this subsection if they are directions—
a
to take such action as may be specified or described in the directions for the purpose of carrying out, or ensuring compliance with, the enforcement order concerned; or
b
to do, or refrain from doing, anything so specified or described which the person might be required by that order to do or refrain from doing.
3
An enforcement order may authorise the person making the order to vary or revoke any directions so given.
4
The court may by order require any person who has failed to comply with directions given by virtue of this section to comply with them, or otherwise remedy his failure, within such time as may be specified in the order.
5
Where the directions related to anything done in the management or administration of a body of persons corporate or unincorporate, the court may by order require the body of persons concerned or any officer of it to comply with the directions, or otherwise remedy the failure to comply with them, within such time as may be specified in the order.
6
An order under subsection (4) or (5) shall be made on the application of the person authorised by virtue of this section to give the directions concerned.
7
An order under subsection (4) or (5) may provide for all the costs or expenses of, or incidental to, the application for the order to be met by any person in default or by any officers of a body of persons corporate or unincorporate who are responsible for its default.
8
In this section “the court” means—
a
in relation to England and Wales or Northern Ireland, the High Court; and
b
in relation to Scotland, the Court of Session.