Paragraph 5 C1C2C3
United Kingdom
Sub-paragraph (2) applies where the Secretary of State considers that—
an undertaking accepted F1... under paragraph 3 has not been, is not being or will not be fulfilled; or
The Secretary of State may, for any of the purposes mentioned in paragraph 3(2), make an order under this paragraph.
Sub-paragraphs (3) and (4) of paragraph 3 shall apply for the purposes of sub-paragraph (2) above as they apply for the purposes of sub-paragraph (2) of that paragraph.
An order under this paragraph may contain—
anything permitted by Schedule 8; and
such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.
An order under this paragraph
shall come into force at such time as is determined by or under the order; and
may contain provision which is different from the provision contained in the undertaking concerned.
No order shall be varied or revoked under this paragraph unless the F4CMA advises that such a variation or revocation is appropriate by reason of a change of circumstances.
In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
Annotations
Textual amendments
- F1
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Words in Sch. 7 para. 5(1) omitted (3.5.2023) by virtue of 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), art. 1(2), Sch. para. 10(9)(a)(i) (with art. 17)
- F2
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Words in Sch. 7 para. 5(1)(b) substituted (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), art. 1(2), Sch. para. 10(9)(a)(ii) (with art. 17)
- F3
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Word in Sch. 7 para. 5(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 160(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F4
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Word in Sch. 7 para. 5(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 160(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)
- F5
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Sch. 7 para. 5(7) inserted (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), art. 1(2), Sch. para. 10(9)(b) (with art. 17)
Modifications
- C1
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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
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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
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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)