Paragraph 2

United Kingdom

(1)

The following Schedules of the Act shall apply, with the modifications mentioned in sub-paragraphs (2) and (3) below, for the purposes of this Order—

(a)

Schedule 8 (provision that may be contained in certain enforcement orders); and

(b)

Schedule 10 (procedural requirements for certain enforcement undertakings and orders).

(2)

Schedule 8 shall apply as if—

(a)

in paragraph 1 for the words “this Part and Part 4” there were substituted “ the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”;

(b)

in paragraph 14—

(i)

the words “an order under section 75, 83, 84, 160 or 161, or” were omitted; and

(ii)

for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”; F1...

F2(ba)

in paragraph 20A(1)(a) for the words “intervention notice” there were substituted “European intervention notice” and in paragraph 20A(1)(a)(ii) for the words “relevant merger situation” there were substituted “European relevant merger situation”; F3...

F4(bb)

in paragraph 20BA—

(i)

in sub-paragraph (1) for the words “Schedule 7” there were substituted “Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003” and for the words “this Part or Part 4” there were substituted “the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003”; and

(ii)

in sub-paragraph (5)(a) for the words “an intervention notice or special intervention notice” there were substituted “a European intervention notice”; and

(c)

in paragraph 24 for paragraphs (a) to (c) there were substituted “ the Secretary of State ”.

(3)

Schedule 10 shall apply as if—

(a)

in paragraphs 1(a) and 6(a)—

(i)

the words “section 73 or 82 or” were omitted; and

(ii)

for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”;

(b)

in paragraphs 1(b) and 6(b)—

(i)

the words “section 75, 83 or 84 or” were omitted; and

(ii)

for the words “Schedule 7” there were substituted “ Schedule 2 to the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 ”; and

(c)

in paragraph 2(1) the words “F5the CMA or (as the case may be)” were omitted.

Annotations

Textual amendments

F1: Word in Sch. 3 para. 2(2)(b)(ii) revoked (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), reg. 1(1), Sch. para. 10(16)
F2: Sch. 3 para. 2(2)(ba) inserted (29.12.2003) by The Enterprise Act 2002 and Media Mergers (Consequential Amendments) Order 2003 (S.I. 2003/3180), reg. 1(1), Sch. para. 10(16)
F3: Word in Sch. 3 para. 2(2)(ba) omitted (23.6.2020) by virtue of The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020 (S.I. 2020/627), arts. 1(1), 4(2)
F4: Sch. 3 para. 2(2)(bb) inserted (23.6.2020) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020 (S.I. 2020/627), arts. 1(1), 4(3)
F5: Words in Sch. 3 para. 2(3)(c) substituted (1.4.2014) by The Enterprise Act 2002 (Protection of Legitimate Interests) (Amendment) Order 2014 (S.I. 2014/891), arts. 1, 18(18) (with arts. 20-23)