C17C26C27C28C29C18C19C20C21C23C22C24C30Part 3Mergers
Pt. 3 applied (with modifications) (29.12.2004) by Water Industry Act 1991 (c. 56), Sch. 4ZA paras. 1, 2 (as inserted by Enterprise Act 2002 (c. 40), ss. 70(2), 279, Sch. 6); S.I. 2004/3233, art. 2, Sch. (with transitional provisions and savings in arts. 3-5)
Pt. 3 (ss. 22-130) applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17M(4) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied (1.10.2005) by Water Industry Act 1991 (c. 56), s. 17Q(9) (as inserted by Water Act 2003 (c. 37), ss. 56, 105(3), Sch. 4 para. 2); S.I. 2005/2714, art. 2(h) (with Sch. para. 5)
Pt. 3 applied in part (N.I.) (1.4.2007) by The Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3), 23(4), 27(9); S.R. 2007/194, art. 2(2), Sch. 1 Pt. 2 (with Sch. 2)
Pt. 3 excluded in part (29.9.2008) by The Bradford & Bingley plc Transfer of Securities and Property etc. Order 2008 (S.I. 2008/2546), arts. 1(2), 40
Pt. 3 modified (1.7.2012) by Health and Social Care Act 2012 (c. 7), ss. 79, 306(4); S.I. 2012/1319, art. 2(3)
Pt. 3 modified (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 4 para. 56; S.I. 2014/416, art. 2(1)(c) (with Sch.)
Pt. 3 modified (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 4 paras. 28-33; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56E(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(3)(f), 36(2))
Pt. 3 excluded (28.6.2022) by 1992 c. 13, s. 56A(9B) (as inserted (E.W.) by Skills and Post-16 Education Act 2022 (c. 21), ss. 23(2)(f), 36(2))
Pt. 3 modified (1.7.2022) by 2006 c. 41, s. 72A (as inserted by Health and Care Act 2022 (c. 31), ss. 83(1), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30))
Pt. 3 modified (E.W.) (29.12.2004) by The Water Mergers (Modification of Enactments) Regulations 2004 (S.I. 2004/3202), regs. 2-35 (as amended (1.4.2014) by S.I. 2014/549, art. 1(1), Sch. 1 para. 22 (with art. 3); (18.12.2015) by S.I. 2015/1936, regs. 1, 3-20; (6.12.2023) by S.I. 2023/1185, arts. 1(2), 9-27)
C20Chapter 4Enforcement
Undertakings and orders: general provisions
C1C2586 Enforcement orders: general provisions
1
An enforcement order may extend to a person’s conduct outside the United Kingdom if (and only if) he is—
a
a United Kingdom national;
b
a body incorporated under the law of the United Kingdom or of any part of the United Kingdom; or
c
a person carrying on business in the United Kingdom.
C22
Nothing in an enforcement order shall have effect so as to—
a
cancel or modify conditions in licences granted—
i
under a patent granted under the Patents Act 1977 (c. 37) or a European patent (UK) (within the meaning of the Act of 1977); or
ii
in respect of a design registered under the Registered Designs Act 1949 (c. 88);
by the proprietor of the patent or design; or
b
require an entry to be made in the register of patents or the register of designs to the effect that licences under such a patent or such a design are to be available as of right.
C33
An enforcement order may prohibit the performance of an agreement already in existence when the order is made.
4
Schedule 8 (which provides for the contents of certain enforcement orders) shall have effect.
5
Part 1 of Schedule 9 (which enables certain enforcement orders to modify licence conditions etc. in regulated markets) shall have effect.
6
In this Part “enforcement order” means an order made under section 72, 75, 76, 81, 83 or 84 or under paragraph 2, 5, 6, 10 or 11 of Schedule 7.
C4C5C6C2587 Delegated power of directions
1
An enforcement order may authorise the person making the order to give directions falling within subsection (2) to—
a
a person specified in the directions; or
b
the holder for the time being of an office so specified in any body of persons corporate or unincorporate.
2
Directions fall within this subsection if they are directions—
a
to take such action as may be specified or described in the directions for the purpose of carrying out, or ensuring compliance with, the enforcement order concerned; or
b
to do, or refrain from doing, anything so specified or described which the person might be required by that order to do or refrain from doing.
3
An enforcement order may authorise the person making the order to vary or revoke any directions so given.
4
The court may by order require any person who has failed to comply with directions given by virtue of this section to comply with them, or otherwise remedy his failure, within such time as may be specified in the order.
5
Where the directions related to anything done in the management or administration of a body of persons corporate or unincorporate, the court may by order require the body of persons concerned or any officer of it to comply with the directions, or otherwise remedy the failure to comply with them, within such time as may be specified in the order.
6
An order under subsection (4) or (5) shall be made on the application of the person authorised by virtue of this section to give the directions concerned.
7
An order under subsection (4) or (5) may provide for all the costs or expenses of, or incidental to, the application for the order to be met by any person in default or by any officers of a body of persons corporate or unincorporate who are responsible for its default.
8
In this section “the court” means—
a
in relation to England and Wales or Northern Ireland, the High Court; and
b
in relation to Scotland, the Court of Session.
C7C8C2588 Contents of certain enforcement orders
1
This section applies in relation to any order under section 75, 83 or 84 or under paragraph 5, 10 or 11 of Schedule 7.
2
The order or any explanatory material accompanying the order shall state—
a
the actions that the persons or description of persons to whom the order is addressed must do or (as the case may be) refrain from doing;
b
the date on which the order comes into force;
c
the possible consequences of not complying with the order; and
d
the section of this Part under which a review can be sought in relation to the order.
C9C2589 Subject-matter of undertakings
C10C11C121
The provision which may be contained in an enforcement undertaking is not limited to the provision which is permitted by Schedule 8.
2
C13C2590 Procedural requirements for certain undertakings and orders
Schedule 10 (which provides for the procedure for accepting certain enforcement undertakings and making certain enforcement orders and for their termination) shall have effect.
C14C15C2591 Register of undertakings and orders
1
The F4CMA shall compile and maintain a register for the purposes of this Part.
2
The register shall be kept in such form as the F4CMA considers appropriate.
C163
The F3CMA shall ensure that the following matters are entered in the register—
a
the provisions of any enforcement undertaking accepted under this Part;
b
the provisions of any enforcement order made under this Part;
c
the details of any variation, release or revocation of such an undertaking or order; and
d
the details of any consent given by the F5CMA under section 77(2) or (3) or 78(2) or by the Secretary of State under paragraph 7(2) or (3) or 8(2) of Schedule 7.
4
The duty in subsection (3) does not extend to anything of which the F6CMA is unaware.
5
6
The F10CMA shall ensure that the contents of the register are available to the public—
a
during (as a minimum) such hours as may be specified in an order made by the Secretary of State; and
b
subject to such reasonable fees (if any) as the F10CMA may determine.
7
F118
In subsection (5), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
Pt. 3 (ss. 22-130) modified (20.6.2003) by 1998 c. 41, Sch. 7 para. 20(3) (as substituted by Enterprise Act 2002 (c. 40), ss. 185, 279, {Sch. 11 para. 11(2)-(4)(8)}; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)