SCHEDULE 10 Procedural Requirements for Certain Enforcement Undertakings and Orders
Enterprise Act 2002 (2002 c 40) | Legislation

SCHEDULE 10 Procedural Requirements for Certain Enforcement Undertakings and Orders

Section 90

Requirements for accepting undertakings and making orders

1

Paragraph 2 applies in relation to—

(a)     any undertaking under section 73 or 82 or paragraph 3 or 9 of Schedule 7 (other than an undertaking under the enactment concerned which varies an undertaking under that enactment but not in any material respect); and

(b)     any order under [section 70C, 75], 83 or 84 or paragraph 5, 10 or 11 of Schedule 7 (other than an order under the enactment concerned which is a revoking order of the kind dealt with by paragraphs 6 to 8 below).

2

(1)     Before accepting an undertaking to which this paragraph applies or making an order to which this paragraph applies, [the CMA] or (as the case may be) the Secretary of State (in this Schedule “the relevant authorityâ€) shall—

(a)     give notice of the proposed undertaking or (as the case may be) order; and

(b)     consider any representations made in accordance with the notice and not withdrawn.

(2)     A notice under sub-paragraph (1) shall state—

(a)     that the relevant authority proposes to accept the undertaking or (as the case

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