Schedule 24, paragraph 16

Sub-paragraph (2) applies to any undertaking— accepted (whether before, on or after the appointed day) by a Minister of the Crown— in pursuance of a proposal under section 56A of the 1973 Act; or under section 56F, 75G or 88 of that Act; and of a description specified in an order made by the Secretary of State under this paragraph. An undertaking to which this sub-paragraph applies may be— superseded by a new undertaking accepted by the CMA under this paragraph; varied by an undertaking accepted by the CMA under this paragraph; or released by the CMA. Subject to sub-paragraph (4) and any provision made under section 276(2), the power of the CMA 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. The duty under section 75J(b) of the 1973 Act to give advice shall be a duty of the CMA to consider what action (if any) it should take. Where the CMA has the power by virtue of this paragraph to supersede, vary or release an undertaking accepted by a Minister of the Crown— the Minister concerned shall accordingly cease to have the power under that Act to supersede, vary or release the undertaking. in pursuance of a proposal under section 56A of the 1973 Act; or under section 56F, 75G or 88 of that Act; The functions of the CMA under this paragraph are to be carried out on its behalf— 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, by the CMA Board (within the meaning of Schedule 4 to the Enterprise and Regulatory Reform Act 2013), and in the case of an undertaking accepted under section 88 of that Act, by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013.

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Source: legislation.gov.uk · retrieved 2026-09-04