25(1)Article 42 (orders for securing compliance) is amended as follows.N.I.
(2)In paragraph (1), for “, (5) and” substitute “ and (5) to ”.
(3)In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.
(4)In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.
(5)After that paragraph insert—
“(5A)Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5B)The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.”
(6)In paragraph (7)—
(a)in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and
(b)in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.
Commencement Information
I1Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)