Enforcement undertakings and orders

HL Deb 30 July 2002 vol 638 cc844-6 12C (1) Section 91(1) to (6) shall apply in relation to any undertaking—

1. (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown—
   1. (i) in pursuance of a proposal under section 56A of the 1973 Act; or
   2. (ii) under section 56F, 75G or 88 of that Act; and
2. (b) of a description specified in an order made by the Secretary of State under this paragraph;

as it applies in relation to enforcement undertakings under Part 3. (2) Section 91(1) to (6) shall apply in relation to any order made by a Minister of the Crown under section 56, 73. 74, 75K or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph as it applies in relation to enforcement orders under Part 3. (3) Compliance with—

1. (a) an undertaking accepted by a Minister of the Crown under section 88 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph or
2. (b) an order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary or State under this paragraph;

shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy. (4) Sub-paragraph (3) and section 91(6) as applied by virtue of sub-paragraph (1) or (2) shall not prejudice any right that a person may have by virtue of section 91(4) as so applied to bring civil proceedings for contravention or apprehended contravention of an undertaking or order. (5) Sections 93 and 93A of the 1973 Act shall accordingly cease to apply in relation to undertakings and orders to which sub-paragraphs (1) to (3) above apply. 12D (1) Sub-paragraph (2) applies to any undertaking—

1. (a) accepted (whether before, on or after the appointed day) by a Minister of the Crown—
   1. (i) in pursuance of a proposal under section 56A of the 1973 Act; or
   2. (ii) under section 56F, 75G or 88 of that Act; and
2. (b) of a description specified in an order made by the Secretary of State under this paragraph.

(2) An undertaking to which this sub-paragraph applies may be—

1. (a) superseded by a new undertaking accepted by the relevant authority under this paragraph;
2. (b) varied by an undertaking accepted by the relevant authority under this paragraph; or
3. (c) released by the relevant authority.

(3) Subject to sub-paragraph (4) and any provision made under section 272(2), the power of the relevant authority under this paragraph to supersede, vary or release an undertaking is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to supersede, vary or release the undertaking would be exercisable under the 1973 Act. (4) The duty under section 75J(b) of the 1973 Act to give advice shall be a duty of the OFT to consider what action (if any) it should take. (5) Where the relevant authority has the power by virtue of this paragraph to supersede, vary or release an undertaking accepted by a Minister of the Crown—

1. (a) in pursuance of a proposal under section 56A of the 1973 Act; or
2. (b) under section 56F, 75G or 88 of that Act;

the Minister concerned shall accordingly cease to have the power under that Act to supersede, vary or release the undertaking. (6) In this paragraph "the relevant authority" means—

1. (a) in the case of an undertaking accepted in pursuance of a proposal under section 56A of the 1973 Act or an undertaking under section 56F or 75G of that Act, the OFT; and
2. (b) in the case of an undertaking accepted under section 88 of that Act, the Commission.

12E (1) Any order made by a Minister of the Crown under section 56, 73, 74 or 89 of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the Commission under this paragraph. (2) Any order made by a Minister of the Crown under section 75K of the 1973 Act (whether before, on or after the appointed day) and of a description specified in an order made by the Secretary of State under this paragraph may be varied or revoked by an order made by the OFT under this paragraph. (3) Subject to sub-paragraph (4) and any provision made under section 272(2), the power of the Commission to make an order under sub-paragraph (1), and the power of the OFT to make an order under sub-paragraph (2), is exercisable in the same circumstances, and on the same terms and conditions, as the power of the Minister concerned to make a corresponding varying or revoking order under the 1973 Act would be exercisable. (4) The power of the Commission to make an order under sub-paragraph (1), and the power of the OFT to make an order under sub-paragraph (2), shall not be exercisable by statutory instrument and shall not be subject to the requirements of section 134(1) of the 1973 Act. (5) Where the Commission or the OFT has the power by virtue of this paragraph to vary or revoke an order made by a Minister of the Crown under section 56, 73, 74, 75K or 89 of the 1973 Act, the Minister concerned shall accordingly cease to have the power to do so under that Act. 12F (1) Section 91(1) to (6) shall apply in relation to undertakings accepted under paragraph 12D and orders made under paragraph 12E as it applies in relation to enforcement undertakings and enforcement orders under Part 3. (2) Compliance with an undertaking accepted by the Commission under paragraph 12D or an order made by it under paragraph 12E shall also be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy. (3) Sub-paragraph (2) and section 91(6) as applied by virtue of sub-paragraph (1) shall not prejudice any right that a person may have by virtue of section 91(4) as so applied to bring civil proceedings for contravention or apprehended contravention of an undertaking or order.