Enterprise Act 2002

[F1Undertakings and orders: monitoring, consultation and advice]U.K.

Textual Amendments

162 Duty of [F2CMA] to monitor undertakings and orders: Part 4U.K.

(1)The [F3CMA] shall keep under review the carrying out of any enforcement undertaking or any enforcement order.

(2)The [F3CMA] shall, in particular, from time to time consider—

(a)whether an enforcement undertaking or enforcement order has been or is being complied with;

(b)whether, by reason of any change of circumstances, an enforcement undertaking is no longer appropriate and—

(i)one or more of the parties to it can be released from it; or

(ii)it needs to be varied or to be superseded by a new enforcement undertaking; and

(c)whether, by reason of any change of circumstances, an enforcement order is no longer appropriate and needs to be varied or revoked.

(3)The [F4CMA] shall give F5... the Secretary of State such advice as it considers appropriate in relation to—

(a)any possible variation or release by F6...the Secretary of State of an enforcement undertaking accepted by F7... him;

(b)any possible new enforcement undertaking to be accepted by F8... the Secretary of State so as to supersede another enforcement undertaking given to F8... the Secretary of State;

(c)any possible variation or revocation by F8... the Secretary of State of an enforcement order made by F8... the Secretary of State;

(d)any possible enforcement undertaking to be accepted by F8... the Secretary of State instead of an enforcement order or any possible enforcement order to be made by F8... the Secretary of State instead of an enforcement undertaking; or

(e)the enforcement by virtue of section [F9167(6) and (7)] of any enforcement undertaking or enforcement order.

(4)The [F10CMA ] shall take such action as it considers appropriate in relation to—

(a)any possible variation or release by it of an undertaking accepted by it under section 154;

(b)any possible new undertaking to be accepted by it under section 154 so as to supersede another undertaking given to it under that section;

[F11(ba)any possible variation or release by it of an enforcement undertaking accepted by it;

(bb)any possible new enforcement undertaking to be accepted by it so as to supersede another enforcement undertaking given to it;

(bc)any possible variation or revocation by it of an enforcement order made by it;

(bd)any possible enforcement undertaking to be accepted by it instead of an enforcement order or any possible enforcement order to be made by it instead of an enforcement undertaking;] or

(c)the enforcement by it by virtue of section 167(6) of any enforcement undertaking or enforcement order.

(5)The [F12CMA] shall keep under review the effectiveness of enforcement undertakings accepted under this Part and enforcement orders made under this Part.

(6)The [F12CMA] shall, whenever requested to do so by the Secretary of State and otherwise from time to time, prepare a report of its findings under subsection (5).

(7)The [F13CMA] shall—

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)give a copy of the report to the Secretary of State; and

(c)publish [F15any report prepared by it under subsection (6)].

(8)In this Part—

  • “enforcement order” means an order made under section 158, 160 or 161; and

  • “enforcement undertaking” means an undertaking accepted under section 154, 157 or 159.

Textual Amendments

F8Words in s. 162(3)(b)-(d) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 194(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications etc. (not altering text)

C1Ss. 91(3), 92(1)(a), 162(1), 166(3) modified (20.6.2003) by 1977 c. 37, s. 50A(7) (as inserted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 8(2)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C2Ss. 162(1), 166(3) modified (20.6.2003) by S.I. 1982/1080 (N.I. 12), art. 23(6) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 12(2)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C3Ss. 162(1), 166(3) modified (20.6.2003) by S.I. 1982/1080 (N.I. 12), art. 42(5A) (as inserted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para 12(3)(e)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

163 [F16Role of CMA in relation to undertakings and orders in public interest cases: Part 4]U.K.

(1)Subsections (2) and (3) apply where F17... the Secretary of State F18... is considering whether to accept undertakings under section 157 or 159.

(2)The [F19Secretary of State] may require the [F20CMA] to consult with such persons as the [F19Secretary of State] considers appropriate with a view to discovering whether they will offer undertakings which the [F19Secretary of State] would be prepared to accept under section 157 or (as the case may be) 159.

(3)The [F21Secretary of State] may require the [F22CMA] to report to the [F21Secretary of State] on the outcome of the [F23CMA's] consultations within such period as the [F21Secretary of State] may require.

(4)A report under subsection (3) shall, in particular, contain advice from the [F24CMA] as to whether any undertakings offered should be accepted by the [F25Secretary of State ] under section 157 or (as the case may be) 159.

(5)The powers conferred on the [F26Secretary of State] by subsections (1) to (4) are without prejudice to the power of the [F26Secretary of State] to consult the persons concerned F27....

(6)If asked by the [F28Secretary of State] for advice in relation to the taking of enforcement action (whether or not by way of undertakings) in a particular case, the [F29CMA] shall give such advice as it considers appropriate.

Textual Amendments