# Enterprise and Regulatory Reform Act 2013, Paragraph 25


(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 ”.

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Source: https://www.legislation.gov.uk/ukpga/2013/24/schedule/14/paragraph/25 (the official version)
Page: https://openlegislation.uk/enterprise-and-regulatory-reform-act-2013/schedule-14/paragraph-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.