The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

10.—(1) The Enterprise Act 2002 is amended as follows.

(2) Chapter 4 of Part 3 (enforcement) is amended as set out in sub-paragraphs (3) to (6).

(3) In section 85(2) (CMA advice in relation to enforcement action)—

(a) after “the Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”;

(b) for “him” substitute “either of them”.

(4) In section 91 (register of undertakings and orders), at the end insert—

“(8) In subsection (5), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(5) In section 92 (duty of CMA to monitor undertakings and orders), at the end insert—

“(8) In this section, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(6) In section 94 (rights to enforce undertakings and orders), at the end insert—

“(10) In subsection (8), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(7) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as set out in sub-paragraphs (8) to (10).

(8) In paragraph 3 (accepting of undertakings), at the end insert—

“(11) In sub-paragraphs (8) and (10), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(9) In paragraph 5 (orders in case of breach of undertaking etc)—

(a) in sub-paragraph (1)—

(i) omit “by him” (in both places it occurs);

(ii) in paragraph (b), for “to him” substitute “to the Secretary of State”;

(b) at the end insert—

“(7) In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(10) In paragraph 6 (orders to prevent prejudicial action), at the end insert—

“(8) In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(11) In Schedule 8 (provision that can be made by orders)—

(a) in paragraph 20C(3)(c) (determination binding on CMA), after “Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”;

(b) in paragraph 24 (meaning of “relevant authority”)—

(i) omit the “and” after paragraph (b);

(ii) at the end insert

“; and

(d) in the case of an order to be made by the Chancellor of the Duchy of Lancaster, the Chancellor of the Duchy of Lancaster.”