Enterprise Act 2002

17 (1) Any order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the [F1 CMA] under this paragraph. U.K.

(2) Any order made by a Minister of the Crown under section 75K of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the [F2 CMA] under this paragraph.

(3) Subject to sub-paragraph (4) and any provision made under section 276(2), the power of the [F3 CMA] to make an order under [F4 sub-paragraphs (1) and (2)] is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to make a corresponding varying or revoking order under the 1973 Act would be exercisable.

(4) The power of the [F5 CMA] to make an order under [F6 sub-paragraphs (1) and (2)] shall not be exercisable by statutory instrument and shall not be subject to the requirements of section 134(1) of the 1973 Act.

(5) Where the [F7 CMA] has the power by virtue of this paragraph to vary or revoke an order made by a Minister of the Crown under section 56, 73, 74, 75K or 89 of the 1973 Act, the Minister concerned shall accordingly cease to have the power to do so under that Act.

[F8 (6) The functions of the CMA under this paragraph are to be carried out on its behalf—

(a) in the case of an order under sub-paragraph (1), by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and

(b) in the case of an order under sub-paragraph (2), by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013).]

Textual Amendments

F1 Word in Sch. 24 para. 17(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(a) (with art. 3)

F2 Word in Sch. 24 para. 17(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(b) (with art. 3)

F3 Word in Sch. 24 para. 17(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(c)(i) (with art. 3)

F4 Words in Sch. 24 para. 17(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(c)(ii) (with art. 3)

F5 Word in Sch. 24 para. 17(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(d)(i) (with art. 3)

F6 Words in Sch. 24 para. 17(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(d)(ii) (with art. 3)

F7 Word in Sch. 24 para. 17(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(e) (with art. 3)

F8 Sch. 24 para. 17(6) inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 18(5)(f) (with art. 3)