The Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2006

• Citation: S.I. 2006/355
• Sections: 25

Section 1 Title and commencement

This Order may be cited as the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2006 and shall come into force on 10th March 2006.

Section 2 Interpretation

In this Order—

“ the Act ” means the Enterprise Act 2002;

“the 1973 Act ” means the Fair Trading Act 1973 .

Section 3 Specification

(1) The undertakings described in Schedule 1 to this Order, which have been accepted by the Secretary of State under section 88 of the 1973 Act, are specified for the purposes of paragraphs 15(1), 15(3)(a) and 16(1) of Schedule 24 to the Act.

(2) The orders described in Schedule 2 to this Order, which were made by the Secretary of State under section 56 of the 1973 Act, are specified for the purposes of paragraphs 15(2), 15(3)(b) and 17(1) of Schedule 24 to the Act.

Section 4 Consequential amendments

(1) Where the merger undertakings described in paragraphs 3, 4, 5, 6 and 9 of Part I of Schedule 1 refer to actions requiring the consent of the Secretary of State, such consent may be granted by the Office of Fair Trading.

(2) Where the monopoly undertakings described in paragraphs 18 and 20 of Part II of Schedule 1 refer to a determination by or consent of the Secretary of State such determination may be made or consent granted by the Office of Fair Trading.

(3) In article 10(1) and (3) of the Supply of Extended Warranties on Domestic Electrical Goods Order 2005 for the “Secretary of State” substitute “Office of Fair Trading”.

(4) In article 8(1) and (3) of the Supply of Relevant Veterinary Medicinal Products Order 2005 for the “Secretary of State” substitute “Office of Fair Trading”.

(5) Where the undertakings described in paragraphs 7-13 and 16-27 of Schedule 1 to the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2004 Order refer to directions or consent being given by the Secretary of State such directions or consent may be given by the Office of Fair Trading.

(6) In article 7(1) and (2) of the Foreign Package Holidays (Tour Operators and Travel Agents) Order 2000 for the “Secretary of State” substitute “Office of Fair Trading”.

(7) In article 14 (1) and (3) of the Supply of New Cars Order 2000 for the “ Secretary of State” substitute the “ Office of Fair Trading”.

(8) In article 10(1) and (3) of Restriction on Agreements and Conduct (Specified Domestic Electrical Goods) Order 1998 for the “Secretary of State” substitute “Office of Fair Trading”.

Section 1

The undertakings given to the Secretary of State by Vivendi Water UK PLC and Southern Water Capital Limited following the report of the Commission entitled “Vivendi Water UK PLC and First Aqua (JVCo) Limited: A report on the proposed merger” .

Section 2

The undertakings given to the Secretary of State by Firstgroup plc following the report of the Commission entitled “FirstBus plc and S B Holdings Limited: A report on the merger situation” .

Section 3

The undertakings given to the Secretary of State by IMS Health Inc dated 29 October 1999 following the report of the Commission entitled “IMS Health Inc and Pharmaceutical Marketing Services Inc: A report on the merger situation” .

Section 4

The undertakings given to the Secretary of State by General Utilities PLC dated 21 April 1998 and SAUR Water Services plc dated 8 May 1998 following the report of the Commission entitled “Mid Kent Holdings plc and General Utilities PLC and SAUR Water Services plc: A report on the proposed merger” .

Section 5

The undertakings given to the Secretary of State by Severn Trent Plc dated 19 December 1997 following the report of the Commission entitled “Severn Trent Plc and South West Water Plc: A report on the proposed merger” .

Section 6

The undertakings given to the Secretary of State by Wessex Water Plc dated 19 February 1998 following the report of the Commission entitled “Wessex Water Plc and South West Water Plc: A report on the proposed merger” .

Section 7

The undertakings given to the Secretary of State by National Express Group PLC dated 2 October 1997 following the report of the Commission entitled “National Express Group PLC and Midland Main Line Limited: A report on the merger situation” .

Section 8

The undertakings given to the Secretary of State by Lyonnais Europe Plc dated 23 April 1996 following the report of the Commission entitled “Lyonnais des Eaux SA and Northumbrian Water Group PLC: A report on the merger situation” .

Section 9

The undertakings given to the Secretary of State by Sara Lee Corporation dated 22 October 1992 and Sara Lee Household & Personal Care UK Limited dated 22 October 1992 following the report of the Commission entitled “Sara Lee Corporation and Reckitt & Colman plc: A report on the acquisition by the Sara Lee Corporation of part of the shoe care business of Reckitt & Colman plc” .

Section 10

The undertakings given to the Secretary of State by General Utilities PLC dated 21 March 1991 following the report of the Commission entitled “General Utilities PLC and The Mid Kent Water Company: A report on the merger situation” .

Section 11

The undertakings given to the Secretary of State by Michelin Tyre Public Limited Company dated 1 March 1991 following the report of the Commission entitled “Michelin Tyre PLC and National Tyre Service Ltd: A report on the merger situation” .

Section 12

The undertakings given to the Secretary of State by Stagecoach (Holdings) Limited following the report of the Commission entitled “Stagecoach (Holdings) Ltd and Portsmouth Citybus Ltd: A report on the acquisition by Stagecoach (Holdings) Ltd of Portsmouth Citybus Ltd” .

Section 13

The undertakings given to the Secretary of State by Lee Valley Water Company dated 1 August 1990 and Colne Valley Water Company and Rickmansworth Water Company following the report of the Commission entitled “General Utilities PLC, The Colne Valley Water Company and Rickmansworth Water Company: A report on the proposed merger” .

Section 14

The undertakings given to the Secretary of State by Coats Viyella Plc following the report of the Commission entitled “Coats Viyella Plc and Tootal Group plc: A report on the merger situations” .

Section 15

The undertakings given to the Secretary of State by Tate & Lyle plc following the report of the Commission entitled “Tate & Lyle PLC and Ferruzzi Finanziaria SpA and S & W Berisford PLC: A report on the existing and proposed mergers” .

Section 16

The undertakings given to the Secretary of State by Hiram Walker-Gooderham & Worts Limited dated 11 August 1980 following the report of the Commission entitled “Hiram Walker-Gooderham & Worts Limited and Highland Distilleries Limited: A report on the proposed merger” .

Section 17

The undertakings given to the Secretary of State by Arriva Southern Counties Ltd (formerly Einkorn Ltd) dated 7 August 1995 following the report of the Commission entitled, “The supply of bus services in Mid and West Kent” .

Section 18

The undertakings given to the Secretary of State by Britvic Soft Drinks Ltd, Coca-Cola Bottlers (Ulster) Ltd, Coca-Cola and Schweppes Beverages Ltd dated 21 May 1993 following the report of the Commission entitled, “Carbonated Drinks: a report on the supply by manufacturers of carbonated drinks in the United Kingdom” .

Section 19

The undertakings given to the Secretary of State by Carnaudmetalbox plc (formerly Metal Box Ltd) dated 22 February 1972 following the report of the Commission entitled, “Metal Containers: a report on the supply of metal containers” .

Section 20

The undertakings given to the Secretary of State by Asda Stores Ltd, Asda Group Ltd, Safeway Stores Plc, J Sainsbury Plc and Tesco Plc dated 18 December 2001 following the report of the Commission entitled, “Supermarkets: A report on the supply of groceries from multiple stores in the United Kingdom” .

Section 21

The undertakings given to the Secretary of State by Provident Financial plc (formerly Provident Financial Group plc) dated 5 March 1982 following the report of the Commission entitled, “Trading Check Franchise and Financial Services: a report on the supply of trading check franchise and financial services in the United Kingdom” .