PART IIAGRICULTURAL MARKETING SCHEMES
Relations of boards with Department, etc.
F1Action following report by F3Competition and Markets Authority23
1
Paragraph (5) applies in any of the following cases.
2
The first case is where section 138(2) of the Enterprise Act 2002 (duty to remedy adverse effects following market investigation reference) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.
3
The second case is where section 147(2) F2or 147A(2) of the Enterprise Act 2002 (power to remedy adverse effects in public interest cases) applies and whatever is to be remedied, mitigated or prevented relates to any provision of a scheme or any act or omission of a board administering a scheme.
4
The third case is where—
a
a report of the F4 Competition and Markets Authority under section 11 of the Competition Act 1980 (c. 21) (references of public bodies etc. ), as laid before Parliament, contains conclusions to the effect that—
i
certain matters indicated in the report operate against the public interest, and
ii
those matters consist of or include any provision of a scheme or any act or omission of a board administering a scheme, and
b
none of the conclusions is to be disregarded by virtue of section 11C(3) of that Act (requirement for two-thirds majority).
5
The Department shall have the like power to make orders under Article 22 as if a report of a committee of investigation had contained the conclusion that the provision of the scheme in question, or the act or omission in question, is contrary to the interests of consumers of the regulated product.
6
An order made by virtue of this Article in a case falling within paragraph (2) or (3) shall be treated, for the purposes of sections 162(1) and 166(3) of the Enterprise Act 2002 (duties to register and keep under review enforcement orders etc. ), as if it were made under the relevant power in Part 4 of that Act to make an enforcement order (within the meaning of that Part).