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Enterprise Act 2002
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Changes to legislation:
Enterprise Act 2002, Section 150 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 150:
- s. 150(A1) words substituted by 2024 c. 13 Sch. 8 para. 7
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 22(1A) inserted by 2024 c. 13 Sch. 5 para. 2(2)
- s. 23(2)(c) and word inserted by 2024 c. 13 Sch. 4 para. 2(3)(b)
- s. 23(2B) inserted by 2024 c. 13 Sch. 4 para. 2(4)
- s. 23(4C)-(4G) inserted by 2024 c. 13 Sch. 4 para. 2(5)
- s. 33(1A) inserted by 2024 c. 13 Sch. 5 para. 3(2)
- s. 34ZA(1A) inserted by 2024 c. 13 Sch. 5 para. 4(3)
- s. 34ZD-34ZF inserted by 2024 c. 13 Sch. 5 para. 7
- s. 39(2A) inserted by 2024 c. 13 s. 131(2)(a)
- s. 39(3A) inserted by 2024 c. 13 Sch. 5 para. 8(3)
- s. 39(7A) inserted by 2024 c. 13 s. 131(2)(c)
- s. 51(2A) inserted by 2024 c. 13 s. 132(2)(a)
- s. 51(7A) inserted by 2024 c. 13 s. 132(2)(c)
- s. 59(3E)(3F) inserted by 2024 c. 13 Sch. 4 para. 6(3)
- s. 59(6A)(a)(b) substituted for words by 2024 c. 13 Sch. 4 para. 6(5)
- s. 84A-84C and cross-heading inserted by S.I. 2019/93, reg. 48A (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 86(A1) inserted by S.I. 2019/93, reg. 48B(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 89(A1) inserted by 2024 c. 13 Sch. 11 para. 9(3)
- s. 89(3) inserted by 2024 c. 13 Sch. 11 para. 9(4)
- s. 91(3)(ba) inserted by S.I. 2019/93, reg. 48E(2)(a) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92(A1) inserted by S.I. 2019/93, reg. 48F(2) (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 92A inserted by S.I. 2019/93, reg. 48G (as inserted) by S.I. 2019/1245 reg. 9 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 107(1)(aaa) inserted by 2024 c. 13 Sch. 5 para. 14(2)(b)
- s. 107(6)(a)(b) inserted by 2024 c. 13 Sch. 5 para. 14(3)
- s. 109(A1)(c) inserted by S.I. 2019/93, reg. 50A(2) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 109(8B)(8C) inserted by S.I. 2019/93, reg. 50A(4) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110(1)-(1C) substituted for s. 110(1) by 2024 c. 13 Sch. 10 para. 15(3)
- s. 110A(3A) inserted by S.I. 2019/93, reg. 50C(3) (as inserted) by S.I. 2019/1245 reg. 10 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 110A(10)(11) inserted by 2024 c. 13 Sch. 28 para. 2
- s. 111(5)(b)(iii) inserted by 2024 c. 13 Sch. 28 para. 3(d)
- s. 112(A1)-(A3) inserted by 2024 c. 13 Sch. 10 para. 18(2)
- s. 112(3A) inserted by 2024 c. 13 Sch. 10 para. 18(6)
- s. 114(5A) inserted by 2024 c. 13 Sch. 10 para. 20(5)
- s. 114(12)(a) words in s. 114(12) renumbered as s. 114(12)(a) by 2024 c. 13 Sch. 10 para. 20(7)(a)
- s. 114(12)(b) inserted by 2024 c. 13 Sch. 10 para. 20(7)(b)
- s. 116(5) inserted by 2024 c. 13 Sch. 10 para. 22(5)
- s. 116A inserted by 2024 c. 13 Sch. 10 para. 23
- s. 117(2A) inserted by 2024 c. 13 Sch. 10 para. 24(4)
- s. 120(1A)(c) inserted by 2024 c. 13 Sch. 28 para. 4(2)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by 2024 c. 13 Sch. 28 para. 4(3)(a)
- s. 120(2)(b)(i) words in s. 120(2)(b) renumbered as s. 120(2)(b)(i) by S.I. 2019/93, reg. 51A(4)(a) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 120(2)(b)(ii) inserted by 2024 c. 13 Sch. 28 para. 4(3)(b)
- s. 120(2)(b)(ii) and word inserted by S.I. 2019/93, reg. 51A(4)(b) (as inserted) by S.I. 2019/1245 reg. 11 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- s. 123(2)(c) inserted by 2024 c. 13 Sch. 4 para. 9(3)
- s. 123(3A) inserted by 2024 c. 13 Sch. 4 para. 9(4)
- s. 131B(8)(9) inserted by 2024 c. 13 s. 135(4)
- s. 133(1A)(1B) inserted by 2024 c. 13 s. 136(2)(a)
- s. 133A(1)(aa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(b)
- s. 133A(1)(ba) inserted by 2024 c. 13 Sch. 8 para. 3(2)
- s. 133A(1)(fa) inserted by 2024 c. 13 Sch. 9 para. 2(2)(c)
- s. 133A(2)(ca) inserted by 2024 c. 13 Sch. 9 para. 2(3)
- s. 133A(2)(za) inserted by 2024 c. 13 Sch. 8 para. 3(3)
- s. 134(2B) inserted by 2024 c. 13 s. 136(3)(c)
- s. 136(2)(aa) inserted by 2024 c. 13 Sch. 8 para. 4
- s. 138A(A1)-(A3) inserted by 2024 c. 13 Sch. 9 para. 3(2)
- s. 151(7) inserted by 2024 c. 13 s. 146(6)(d)
- s. 154A and cross-heading substituted for s. 154 and cross-heading by 2024 c. 13 Sch. 8 para. 8
- s. 155(3A) substituted for s. 155(3) by 2024 c. 13 Sch. 8 para. 9(3)
- s. 156(1)(ab) inserted by 2024 c. 13 Sch. 8 para. 10(4)(c)
- s. 156(4)-(7) inserted by 2024 c. 13 Sch. 8 para. 10(6)
- s. 161A inserted by 2024 c. 13 Sch. 11 para. 16
- s. 162A inserted by 2024 c. 13 s. 139(4)
- s. 162B inserted by 2024 c. 13 Sch. 9 para. 5
- s. 167(1)(a) words in s. 167(1) renumbered as s. 167(1)(a) by 2024 c. 13 Sch. 9 para. 7(2)(a)
- s. 167(1)(b) inserted by 2024 c. 13 Sch. 9 para. 7(2)(b)
- s. 167(10) inserted by 2024 c. 13 Sch. 11 para. 17
- s. 167B(5)(b)(i) words in s. 167B(5)(b) renumbered as s. 167B(5)(b)(i) by 2024 c. 13 Sch. 9 para. 9(2)
- s. 167B(5)(b)(ii) and word inserted by 2024 c. 13 Sch. 9 para. 9(3)
- s. 172(2)(h) and word inserted by 2024 c. 13 s. 139(7)(a)(ii)
- s. 172(2)(zc) inserted by 2024 c. 13 Sch. 9 para. 11
- s. 172(11) inserted by 2024 c. 13 s. 139(7)(b)
- s. 174A(1)-(1C) substituted for s. 174A(1) by 2024 c. 13 Sch. 10 para. 27(3)
- s. 174A(10) inserted by 2024 c. 13 Sch. 10 para. 27(7)
- s. 174E(5) inserted by 2024 c. 13 Sch. 10 para. 30(5)
- s. 174ZA inserted by 2024 c. 13 Sch. 13 para. 17
- s. 177(1)(a) words in s. 177(1) renumbered as s. 177(1)(a) by 2024 c. 13 s. 139(8)(b)(i)
- s. 177(1)(b) inserted by 2024 c. 13 s. 139(8)(b)(ii)
- s. 180(1A)(1B) substituted for s. 180(2) by 2024 c. 13 Sch. 10 para. 32(3)
- s. 183(3)(a)(iiia) inserted by 2024 c. 13 Sch. 8 para. 16(b)
- s. 194(2)(e)-(g) inserted by 2024 c. 13 s. 141(3)(b)
- s. 196(2A) inserted by 2024 c. 13 s. 141(4)
- s. 243E(2A) inserted by 2024 c. 13 Sch. 28 para. 5
- Sch. 4 para. 21B inserted by 2024 c. 13 Sch. 3 para. 9
- Sch. 5A para. 7A inserted by 2024 c. 13 Sch. 5 para. 10(4)
- Sch. 5A para. 5 5A substituted for Sch. 5A para. 5 by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 5A para. 1(2)(a)(b) substituted for words by 2024 c. 13 Sch. 5 para. 10(3)
- Sch. 10 para. 6(aa) inserted by S.I. 2019/93, reg. 59A(12)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1(aa) inserted by S.I. 2019/93, reg. 59A(4)(b) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
- Sch. 10 para. 1A inserted by S.I. 2019/93, reg. 59A(5) (as inserted) by S.I. 2019/1245 reg. 13 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
150 Power of veto of Secretary of StateU.K.
This section has no associated Explanatory Notes
[F1(A1)Where an intervention notice under subsection 139(1) is in force, the CMA shall not, without the consent of the Secretary of State, accept any proposed undertaking under section 154 in relation to the matter concerned.]
(1)Where an intervention notice under section 139(2) is in force, the [F2CMA] shall not, without the consent of the Secretary of State, accept the proposed undertaking concerned or a proposed undertaking which does not differ from it in any material respect.
(2)The Secretary of State shall withhold his consent if he believes that it is or may be the case that the proposed undertaking will, if accepted, operate against the public interest.
(3)For the purposes of subsection (2) a proposed undertaking will, if accepted, operate against the public interest only if any public interest consideration which is mentioned in the intervention notice concerned and has been finalised, or any public interest considerations which are so mentioned and have been finalised, outweigh the considerations which have led the [F3CMA] to propose accepting the undertaking.
(4)In making his decision under subsection (2) the Secretary of State shall accept the [F4CMA's] view of what undertakings, if the only relevant consideration were how to remedy, mitigate or prevent the adverse effect on competition concerned or any detrimental effect on customers so far as resulting from the adverse effect on competition, would be most appropriate.
(5)Where a public interest consideration which is mentioned in the intervention notice concerned is not finalised on the giving of the notice, the Secretary of State shall not make his decision as to whether to give his consent under this section before—
(a)the end of the period of 24 weeks beginning with the giving of the intervention notice; or
(b)if earlier, the date on which the public interest consideration concerned has been finalised.
(6)Subject to subsections (2) to (5), the Secretary of State shall not withhold his consent under this section.
Textual Amendments
F1S. 150(A1) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 20; S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Word in s. 150(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 183(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in s. 150(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 183(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Word in s. 150(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 183(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
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