ScheduleConsequential amendments
Part 1Primary legislation
Enterprise Act 2002 (c. 40)
10
1
The Enterprise Act 2002 is amended as follows.
2
Chapter 4 of Part 3 (enforcement) is amended as set out in sub-paragraphs (3) to (6).
3
In section 85(2) (CMA advice in relation to enforcement action)—
a
after “the Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”
;
b
for “him” substitute “either of them”
.
4
In section 91 (register of undertakings and orders), at the end insert—
8
In subsection (5), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
5
In section 92 (duty of CMA to monitor undertakings and orders), at the end insert—
8
In this section, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
6
In section 94 (rights to enforce undertakings and orders), at the end insert—
10
In subsection (8), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
7
Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as set out in sub-paragraphs (8) to (10).
8
In paragraph 3 (accepting of undertakings), at the end insert—
11
In sub-paragraphs (8) and (10), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
9
In paragraph 5 (orders in case of breach of undertaking etc)—
a
in sub-paragraph (1)—
i
omit “by him” (in both places it occurs);
ii
in paragraph (b), for “to him” substitute “to the Secretary of State”
;
b
at the end insert—
7
In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
10
In paragraph 6 (orders to prevent prejudicial action), at the end insert—
8
In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
11
In Schedule 8 (provision that can be made by orders)—
a
in paragraph 20C(3)(c) (determination binding on CMA), after “Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”
;
b
in paragraph 24 (meaning of “relevant authority”)—
i
omit the “and” after paragraph (b);
ii
at the end insert
; and
d
in the case of an order to be made by the Chancellor of the Duchy of Lancaster, the Chancellor of the Duchy of Lancaster.