{
  "url": "https://openlegislation.uk/enterprise-act-2002-enforcement-undertakings-and-orders-order-2006/note",
  "json_url": "https://openlegislation.uk/enterprise-act-2002-enforcement-undertakings-and-orders-order-2006/note.json",
  "legislation": "uksi/2006/355",
  "legislation_title": "The Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2006",
  "legislation_url": "https://openlegislation.uk/enterprise-act-2002-enforcement-undertakings-and-orders-order-2006",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order specifies certain undertakings accepted by a Minister of the Crown in relation to merger and monopoly situations under section 88 of the Fair Trading Act 1973 (c. 41) (“the 1973 Act”) and orders made by a Minister of the Crown under section 56 of the 1973 Act for the purposes of paragraphs 15(1) – (3), 16(1) and 17(1) of Schedule 24 to the Enterprise Act 2002 (“the Act”). This Order also makes consequential amendments to the undertakings.\nAlthough Part 3 and related provisions of the 1973 Act have been repealed they continue to apply in relation to certain undertakings, by virtue of paragraph 13(10) of Schedule 24 to the Act and Article 4 of the Enterprise Act 2002 (Commencement No 3, Transitional and Transitory Provisions and Savings) Order 2003 SI 2003/1397, subject to paragraphs 15 to 18 of Schedule 24 to the Act.\nThe effect of specification under paragraphs 15(1) and 15(2) is that sections 94(1) to (6) of the Act (which provides for the enforcement of undertakings and related rights) shall apply in relation to the undertakings and orders instead of sections 93 and 93A of the 1973 Act. Specification under paragraph 15(3) has the effect that undertakings made under section 88 and orders made under section 56 may be enforced by civil proceedings brought by the Competition Commission. The effect of specification under paragraph 16(1) is to provide the Competition Commission with a power to supersede, vary or release any such undertaking instead of the Secretary of State. The effect of specification, under paragraph 17(1), of an order made under section 56 of the 1973 Act is that the order may be varied or revoked by an order made by the Competition Commission.\nArticle 4 provides for consequential amendments to the terms of the undertakings and orders so that the Office of Fair Trading may give directions or consent in place of the Secretary of State.\nCopies of the merger undertakings and press notices referred to in Part I of Schedule 1 to this Order may be obtained from the Consumer and Competition Policy Directorate, DTI (telephone: 020 7215 5009; facsimile: 020 7215 6565; e-mail: paul.banister@dti.gov.uk). Copies of the monopoly undertakings, orders and press notices referred to in Part II of Schedule 1 and Schedule 2 to this Order may be obtained from the Consumer and Competition Policy Directorate, DTI (telephone: 020 7215 6363; facsimile: 020 7215 6565; e-mail: Philip.martin@dti.gov.uk).\nA regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/355/note",
    "retrieved_at": "2026-10-29T04:37:48.211643+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}