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Fair Trading Act 1973

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[F156E Review of undertakings.U.K.

(1)The Director shall keep the carrying out of an undertaking to which this section applies under review, and from time to time consider whether, by reason of any change of circumstances, the undertaking is no longer appropriate and either—

(a)one or more of the parties to it can be released from it, or

(b)it needs to be varied or to be superseded by a new undertaking.

(2)If it appears to the Director—

(a)that any one or more of the parties to an undertaking to which this section applies can be released from it,

(b)that such an undertaking needs to be varied or to be superseded by a new undertaking, or

(c)that there has been any failure to carry out such an undertaking,

he shall give to the Secretary of State such advice as he may think proper in the circumstances.

(3)Where the Director advises the Secretary of State under subsection (2) of this section that an undertaking needs to be varied or to be superseded by a new undertaking, he shall propose the terms of variation or, as the case may be, the new undertaking.

(4)The Director shall, if the Secretary of State so requests, give him advice with respect to the release, variation or superseding of an undertaking to which this section applies.

(5)In this section, references to an undertaking to which this section applies are to an undertaking accepted—

(a)pursuant to a proposal under section 56A of this Act, or

(b)under section 56F of this Act.]

Textual Amendments

F1Ss. 56A-56G inserted (3.1.1995) by 1994 c. 40, ss. 7(1), 82(2)

Ss. 56A-56G: functions transferred (N.I.) (10.6.1996) by S.I. 1996/275 (N.I. 2), art. 23(2)(c)(4)(c) (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2

S. 56A-56G : certain functions transferred (E.W.S.) (1.3.1996) by 1986 c. 44, s. 36A(2) (as inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 43; S.I. 1996/218, art. 2)

Modifications etc. (not altering text)

C1Ss. 56A-56G extended (E.W.) (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 paras. 8(1), 9

C2Ss. 56A-56G extended (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 para. 1(1)

Ss. 56A-56G extended (N.I.) (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 para. 5(1)

Ss. 56A-56G amended (1.2.2001) by 2000 c. 38, ss. 86(1)(2), 87, 89 (with s. 106); S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Ss. 56A-56G extended (E.W.S.) (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 para. 4(1)

Ss. 56A-56G extended (E.W.S.) (3.1.1995) by 1994 c. 40, ss. 7, 82(2), Sch. 2 para. 11(1)

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