Enterprise Act 2002

149 Intervention notices under section 139(2) U.K.

(1) An intervention notice under section 139(2) shall state—

(a) the proposed undertaking which may be accepted by the [F1 CMA];

(b) the notice under section 155(1) or (4);

(c) the public interest consideration or considerations which are, or may be, relevant to the [F2 proposal to accept the undertaking]; and

(d) where any public interest consideration concerned is not finalised, the proposed timetable for finalising it.

(2) Where the Secretary of State believes that it is or may be the case that two or more public interest considerations are relevant to the [F3 proposal to accept the undertaking], he may decide not to mention in the intervention notice such of those considerations as he considers appropriate.

(3) The Secretary of State may at any time revoke an intervention notice which has been given under section 139(2) and which is in force.

(4) An intervention notice under section 139(2) shall come into force when it is given and shall cease to be in force on the occurrence of any of the events mentioned in subsection (5).

(5) The events are—

(a) the acceptance by the [F4 CMA] with the consent of the Secretary of State of an undertaking which is the same as the proposed undertaking mentioned in the intervention notice by virtue of subsection (1)(a) or which does not differ from it in any material respect;

(b) the decision of the [F4 CMA] to proceed neither with the proposed undertaking mentioned in the intervention notice by virtue of subsection (1)(a) nor a proposed undertaking which does not differ from it in any material respect; or

(c) the decision of the Secretary of State to revoke the intervention notice concerned.

Textual Amendments

F1 Word in s. 149(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 182 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 149(1)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 19(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in s. 149(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 19(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Word in s. 149(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 182 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)