Transitional provision and savings: interim undertakings and orders
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Memorandwm Esboniadol
23.—(1) The amendments made by articles 9(b)(ii), (c)(i) and (d), 15(b)(iii) and 17(2), (3), (4)(b), (8)(a) and (9)(a) do not apply in relation to undertakings accepted under paragraph 1 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 before 1st April 2014.
(2) In its continued application by virtue of paragraph (1), paragraph 1 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 has effect as if it contained no power for an undertaking accepted under that paragraph to be varied or superseded.
(3) Any provision of the Enterprise Act 2002 applied by the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 which—
(a)was applied by that Order immediately before 1st April 2014, and
(b)as so applied referred to an undertaking accepted under paragraph 1 of Schedule 2 to that Order, but
(c)as a result of an amendment made to the provision by the Enterprise and Regulatory Reform Act 2013, ceased to refer to such an undertaking
is, in relation to an undertaking accepted before that date, to be treated in its application by that Order as continuing to refer to such an undertaking despite that amendment.
(4) The amendments made by article 18(2)(c), (9) and (17) do not apply in relation to a failure to comply with an order under paragraph 2 of Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 which—
(a)occurred before 1st April 2014, and
(b)did not continue on or after that date,
but otherwise do apply in relation to such orders made before that date.