SCHEDULES
C4SCHEDULE 7Enforcement regime for public interest and special public interest cases
C1C2C35
1
Sub-paragraph (2) applies where the Secretary of State considers that—
a
an undertaking accepted F4... under paragraph 3 has not been, is not being or will not be fulfilled; or
2
The Secretary of State may, for any of the purposes mentioned in paragraph 3(2), make an order under this paragraph.
3
Sub-paragraphs (3) and (4) of paragraph 3 shall apply for the purposes of sub-paragraph (2) above as they apply for the purposes of sub-paragraph (2) of that paragraph.
4
An order under this paragraph may contain—
a
anything permitted by Schedule 8; and
b
such supplementary, consequential or incidental provision as the Secretary of State considers appropriate.
5
An order under this paragraph
a
shall come into force at such time as is determined by or under the order; and
b
may contain provision which is different from the provision contained in the undertaking concerned.
6
No order shall be varied or revoked under this paragraph unless the F2CMA advises that such a variation or revocation is appropriate by reason of a change of circumstances.
F37
In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.
Schs. 7, 8: functions made exercisable concurrently (3.5.2023) by 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 (S.I. 2023/424), arts. 1(2), 15(2) (with arts. 16(5)(6), 17)