42 Intervention by Secretary of State in certain public interest cases
Enterprise Act 2002 (2002 c 40) | Legislation

Chapter 2
Public Interest Cases

Power to make references

42  Intervention by Secretary of State in certain public interest cases

(1)     Subsection (2) applies where—

(a)     the Secretary of State has reasonable grounds for suspecting that it is or may be the case that a relevant merger situation has been created or that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation;

(b)     no reference under [section 22, 33, 68B or 68C] has been made in relation to the relevant merger situation concerned;

(c)     no decision has been made not to make such a reference (other than a decision made by virtue of subsection (2)(b) of section 33 [or subsection (2)(a) of section 68C] or a decision to accept undertakings under section 73 instead of making such a reference); and

(d)     no reference is prevented from being made under [section 22, 33, 68B or 68C] by virtue of—

(i)     [section 22(3)(za) or (a)] or (as the case may be) [33(3)(za) or (a)] [(including those provisions as applied by sections 68B and 68C)];. . .

(ii)     . . ..

(2)     The Secretary of State may give a notice to

Powered by Lexis+®
 

Popular documents

LEXISNEXIS

Schemes of arrangement—procedure

Schemes of arrangement—procedureProduced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note looks at the detailed procedures to be followed to implement the acquisition by a buyer (offeror) of all the shares, or one or more classes of shares, in a company

LEXISNEXIS

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary

LEXISNEXIS

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of

LEXISNEXIS

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a