SCHEDULES

SCHEDULE 14Regulators: use of powers under the 1998 Act

21Health and Social Care Act 2012 (c. 7)

In section 105 (discretionary requirements), after subsection (3) insert—

3A

Before imposing a discretionary requirement on a person mentioned in subsection (1)(b), Monitor must consider whether it would be more appropriate to proceed under the Competition Act 1998.

3B

Monitor must not impose a discretionary requirement on such a person if it considers that it would be more appropriate to proceed under the Competition Act 1998.