Enterprise Act 2002

Search Legislation

Title: (or keywords in the title)

Year:

Number:

Type:

Status:

Point in time view as at 03/08/2015. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Enterprise Act 2002, Section 93 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

93 Further role of [F1CMA] in relation to undertakings and ordersU.K.

This section has no associated Explanatory Notes

(1)Subsections (2) and (3) apply where—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the Secretary of State is considering whether to accept undertakings under paragraph F3...3 or 9 of Schedule 7.

(2)[F4The Secretary of State] may require the [F5CMA] to consult with such persons as the [F6Secretary of State] considers appropriate with a view to discovering whether they will offer undertakings which the [F6Secretary of State] would be prepared to accept under F7... paragraph F8... 3 or 9 of Schedule 7.

(3)The [F9Secretary of State] may require the [F10CMA] to report to the relevant authority on the outcome of the [F11CMA's] consultations within such period as the relevant authority may require.

(4)A report under subsection (3) shall, in particular, contain advice from the [F12CMA] as to whether any undertakings offered should be accepted by the [F13Secretary of State] under F14... paragraph F15... 3 or 9 of Schedule 7.

(5)The powers conferred on the relevant authority by subsections (1) to (4) are without prejudice to the power of the relevant authority to consult the persons concerned itself.

(6)If asked by the [F16Secretary of State] for advice in relation to the taking of enforcement action (whether or not by way of undertaking) in a particular case, the [F17CMA] shall give such advice as it considers appropriate.

Textual Amendments

F1Word in s. 93 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(7) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2S. 93(1)(a) and word omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3Word in s. 93(1)(b) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 33(2); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F4Words in s. 93(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(3)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5Word in s. 93(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(3)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6Words in s. 93(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(3)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7Words in s. 93(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(3)(d) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8Word in s. 93(2) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 33(3); S.I. 2014/416, art. 2(1)(f) (with Sch.)

F9Words in s. 93(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10Word in s. 93(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11Word in s. 93(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 129(4)(c) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)