# Enterprise and Regulatory Reform Act 2013, Paragraph 17


In section 94 (notification of contravention of SMP apparatus conditions), for subsection (10) substitute—
“(10) Before giving a notification under this section, OFCOM must consider whether it would be more appropriate to proceed under the Competition Act 1998.
(10A) OFCOM must not give a notification under this section if they consider that it would be more appropriate to proceed under the Competition Act 1998.
(10B) In a case where OFCOM decide that it would be more appropriate to proceed under the Competition Act 1998, they must publish a statement to that effect in such manner as they consider appropriate for bringing their decision to the attention of persons whom they consider are likely to be affected by it.”

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Source: https://www.legislation.gov.uk/ukpga/2013/24/schedule/14/paragraph/17 (the official version)
Page: https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013/schedule-14/paragraph-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.