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Enterprise and Regulatory Reform Act 2013

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Health and Social Care Act 2012 (c. 7)

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21In 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.

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