The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020

Amendment of Schedule 8 to the Enterprise Act 2002

3.  In Schedule 8 to the Act(1) (provision that may be contained in certain enforcement orders), after paragraph 20B insert—

“Maintaining the capability to combat etc public health emergencies

20BA.— (1) This paragraph applies for the purposes of a relevant order under paragraph 5, 10 or 11 of Schedule 7 (enforcement orders in cases relating to maintaining the capability to combat etc public health emergencies) but not for any other purposes of this Part or Part 4 or any other enactment.

(2) The order may make such provision as the person making the order considers to be appropriate for the purpose of maintaining in the United Kingdom the capability to combat, or to mitigate the effects of, public health emergencies.

(3) Such provision may, in particular, include provision requiring a person to do, or not to do, particular things.

(4) This paragraph is without prejudice to the operation of the other paragraphs of this Schedule in relation to the order.

(5) In this paragraph “relevant order” means an order—

(a) which is to be made following the giving of an intervention notice or special intervention notice which mentions the consideration specified in section 58(2E); and

(b) to which the consideration is still relevant.”.

(1)

Paragraph 20B was inserted by S.I. 2008/2645. Paragraph 20C was inserted by section 49 of the Enterprise and Regulatory Reform Act 2013.