Modifications etc. (not altering text)
C1Sch. 10 applied (20.6.2003) by 1980 c. 21, s. 12(6) (as substituted by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 10(4)); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)
Sch. 10 applied (29.12.2003) by Communications Act 2003 (c. 21), ss. 406(6), 411(2)(3), Sch. 18 para. 62(7)(a) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
C2Sch. 10 applied (with modifications) (20.6.2003) by The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 (S.I. 2003/1592), art. 15, Sch. 3 para. 2(1)(b)(3)
2(1)Before accepting an undertaking to which this paragraph applies or making an order to which this paragraph applies, the OFT, the Commission or (as the case may be) the Secretary of State (in this Schedule “the relevant authority”) shall—U.K.
(a)give notice of the proposed undertaking or (as the case may be) order; and
(b)consider any representations made in accordance with the notice and not withdrawn.
(2)A notice under sub-paragraph (1) shall state—
(a)that the relevant authority proposes to accept the undertaking or (as the case may be) make the order;
(b)the purpose and effect of the undertaking or (as the case may be) order;
(c)the situation that the undertaking or (as the case may be) order is seeking to deal with;
(d)any other facts which the relevant authority considers justify the acceptance of the undertaking or (as the case may be) the making of the order;
(e)a means of gaining access to an accurate version of the proposed undertaking or (as the case may be) order at all reasonable times; and
(f)the period (not less than 15 days starting with the date of publication of the notice in the case of an undertaking and not less than 30 days starting with that date in the case of an order) within which representations may be made in relation to the proposed undertaking or (as the case may be) order.
(3)A notice under sub-paragraph (1) shall be given by—
(a)in the case of a proposed order, serving on any person identified in the order as a person on whom a copy of the order should be served a copy of the notice and a copy of the proposed order; and
(b)in every case, publishing the notice.
(4)The relevant authority shall not accept the undertaking with modifications or (as the case may be) make the order with modifications unless the relevant authority—
(a)gives notice of the proposed modifications; and
(b)considers any representations made in accordance with the notice and not withdrawn.
(5)A notice under sub-paragraph (4) shall state—
(a)the proposed modifications;
(b)the reasons for them; and
(c)the period (not less than 7 days starting with the date of the publication of the notice under sub-paragraph (4)) within which representations may be made in relation to the proposed modifications.
(6)A notice under sub-paragraph (4) shall be given by—
(a)in the case of a proposed order, serving a copy of the notice on any person identified in the order as a person on whom a copy of the order should be served; and
(b)in every case, publishing the notice.
Textual Amendments applied to the whole legislation
F1Act: for the words "solicitor of the Supreme Court of Northern Ireland" wherever they occur there is substituted (prosp.) the words "solicitor of the Court of Judicature of Northern Ireland" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 5 [Editorial Note: this amendment will be carried through into the text of the Act at the same time as any other effects on the Act for the year in which the relevant commencement order (or first such order) is made]