Paragraph 25 I1

(1)

Article 42 (orders for securing compliance) is amended as follows.

(2)

In paragraph (1), for “, (5) and” substitute “ and (5) to ”.

(3)

In paragraphs (2) and (4), for “(5) and” substitute “ (5) to ”.

(4)

In paragraph (5), omit sub-paragraph (b) and the “or” preceding it.

(5)

After that paragraph insert—

“(5A)
Before making a final order or making or confirming a provisional order in relation to a licence holder, the Authority shall consider whether it would be more appropriate to proceed under the Competition Act 1998.
(5B)
The Authority shall not make a final order or make or confirm a provisional order in relation to a licence holder if it considers that it would be more appropriate to proceed under the Competition Act 1998.”

(6)

In paragraph (7)—

(a)

in the words before sub-paragraph (a), after “(6)” insert “ or decides that it would be more appropriate to proceed under the Competition Act 1998 ”, and

(b)

in sub-paragraph (a), after “satisfied” insert “ or has so decided ”.

Annotations

Commencement

I1: Sch. 14 para. 25 in force at 1.4.2014 by S.I. 2014/416, art. 2(1)(e) (with Sch.)