The Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003

Undertakings in lieu of reference under article 5

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

(a)an undertaking accepted by her under paragraph 3 has not been, is not being or will not be fulfilled; or

(b)in relation to an undertaking accepted by her under that paragraph, information which was false or misleading in a material respect was given to her or the OFT by the person giving the undertaking before she decided to accept the undertaking.

(2) The Secretary of State may, for any of the purposes mentioned in paragraph 3(2), make an order under this paragraph.

(3) Sub-paragraph (3) of paragraph 3 shall apply for the purposes of sub-paragraph (2) above as it applies for the purposes of sub-paragraph (2) of that paragraph.

(4) An order under this paragraph may contain—

(a)anything permitted by Schedule 8 to the Act; 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 OFT advises that such a variation or revocation is appropriate by reason of a change of circumstances.