EnforcementE+W+S
11(1)Section 55 (orders for securing compliance) is amended as follows.E+W+S
(2)After subsection (5) insert—
“(5ZA)The Authority shall not make a final order, or make or confirm a provisional order, in relation to a licence holder or person under closure restrictions unless—
(a)it has given notice to the Regulator specifying a period within which he may give notice to it if he considers that the most appropriate way of proceeding is under the M1Competition Act 1998;
(b)that period has expired; and
(c)the Regulator has not given notice to the Authority within that period that he so considers (or, if he has, he has withdrawn it).”
(3)In subsection (10), in the definition of “the appropriate officer”—
(a)in paragraph (a), after “holder” insert “ , apart from a condition which relates to consumer protection, ”, and
(b)in paragraph (b), after “to” insert “ any condition relating to consumer protection in the case of a licence holder or to ”.
(4)In subsection (11), for “(5A)” substitute “ (5ZA) ”.
Commencement Information
I1Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)
Marginal Citations
12E+W+SIn section 56 (procedural requirements), after subsection (2) insert—
“(2A)Where the Regulator serves a copy of a notice under subsection (1) above on a licence holder, he shall also serve a copy on the Authority; and where the Authority so serves a copy of such a notice, it shall also serve a copy on the Regulator.”
Commencement Information
I2Sch. 17 Pt. I wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)