OpenLegislation

Paragraph 10 C1C2C3

United Kingdom

(1)

Sub-paragraph (2) applies where the Secretary of State considers that—

(a)

an undertaking accepted by him under paragraph 9 has not been, is not being or will not be fulfilled; or

(b)

in relation to an undertaking accepted by him under that paragraph, information which was false or misleading in a material respect was given to him or the F1CMA by the person giving the undertaking before he decided to accept the undertaking.

(2)

The Secretary of State may, for any purpose mentioned in section 55(2) or (as the case may be) 66(6), make an order under this paragraph.

(3)

Subsections (3) and (4) of section 55 or (as the case may be) subsection (7) of section 66 shall apply for the purposes of sub-paragraph (2) above as they or it applies for the purposes of section 55(2) or (as the case may be) 66(6).

(4)

An order under this paragraph may contain—

(a)

anything permitted by Schedule 8; and

(b)

such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.

(5)

An order under this paragraph—

(a)

shall come into force at such time as is determined by or under the order; and

(b)

may contain provision which is different from the provision contained in the undertaking concerned.

(6)

No order shall be varied or revoked under this paragraph unless the F2CMA advises that such a variation or revocation is appropriate by reason of a change of circumstances.

Annotations

Textual amendments

F1

Word in Sch. 7 para. 10(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 160(8) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Word in Sch. 7 para. 10(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 160(8) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 144(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(2)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C2

Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, s. 238(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(4)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

C3

Ss. 75(4)(a), 83(4)(a), 84(2)(a), 89(1), 160(4)(a), 161(3)(a), 164(1), Sch. 7 paras. 5, 10, 11 modified (20.6.2003) by 1988 c. 48, Sch. 2A para. 17(2) (as substituted by 2002 (c. 40), ss. 278, 279, {Sch. 25 para. 18(5)(a)}); S.I. 2003/1397, art. 2(1), Sch. (with art. 8)

Notes on Schedule 7

Modifications

C1

Schs. 7, 8: functions made exercisable concurrently (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), arts. 1(2), 15(2) (with arts. 16(5)(6), 17)