Enterprise Act 2002

172 Further publicity requirements: Part 4 U.K.

(1) The [F1 CMA] shall publish—

(a) any reference made by it under section 131[F2 , other than a reference treated as so made by virtue of section 140A(5)(b)];

[F3 (aa) any decision not to make a reference under section 131 following a consultation in relation to the matter concerned under section 169;]

(b) any variation made by it under section 135 of a reference under section 131;

(c) any decision of a kind mentioned in section 149(5)(b); and

(d) such information as it considers appropriate about any decision made by it under section 152(1) to bring a case to the attention of the Secretary of State.

(2) The [F4 CMA shall also] publish—

[F5 (za) any extension by it under section 137 of the period within which a report under section 136 is to be prepared and published;

(zb) any extension by it under section 138A of the period within which its duty under section 138(2) is to be discharged;]

[F6 (zc) any decision made by it under section 138A(A1)(b) that it is not reasonably practicable for the CMA to discharge its duty under section 138(2) in accordance with section 138A(1);]

(a) any decision made by it under section 138(2) neither to accept an undertaking under section 159 nor to make an order under section 161;

(b) any decision made by it that there has been a material change of circumstances as mentioned in section 138(3) or there is another special reason as mentioned in that section;

[F7 (ba) any extension by it under section 144 of the period within which a report under section 142 is to be prepared and action is to be taken in relation to it;]

(c) any termination under section 145(1) of an investigation by it;

F8 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any enforcement undertaking accepted by it under section 157;

(f) any enforcement order made by it under section 158; F9 ...

(g) any variation, release or revocation of such an undertaking or order[F10 ; and

(h) any decision by it to take action under section 162A(5).]

(3) The Secretary of State shall publish—

(a) any reference made by him under section 132;

(b) any variation made by him under section 135 of a reference under section 132;

(c) any intervention notice given by him;

(d) any decision made by him to revoke such a notice;

[F11 (da) any reference made by him under section 140A(5) or (6);

(db) any variation made by him under section 140B of a reference under section 140A(6);]

(e) any decision made by him under section 147(2) [F12 or (as the case may be) 147A(2)] neither to accept an undertaking under section 159 nor to make an order under section 161;

(f) any enforcement undertaking accepted by him under section 157;

(g) any variation or release of such an undertaking; and

(h) any direction given by him under section 170(3) in connection with the exercise by him of his functions under section 132(3).

(4) The appropriate Minister (other than the Secretary of State acting alone) shall publish—

(a) any reference made by him under section 132;

(b) any variation made by him under section 135 of a reference under section 132; and

(c) any direction given by him under section 170(3) in connection with the exercise by him of his functions under section 132(3).

(5) Where any person is under an obligation by virtue of subsection (1), (2), (3) or (4) to publish the result of any action taken by that person or any decision made by that person, the person concerned shall, subject to subsections (6) and (7), also publish that person’s reasons for the action concerned or (as the case may be) the decision concerned.

(6) Such reasons need not, if it is not reasonably practicable to do so, be published at the same time as the result of the action concerned or (as the case may be) as the decision concerned.

(7) Subsections (5) and (6) shall not apply in relation to any case falling within subsection (1)(d) F13 ....

[F14 (7A) Subsection (6) shall not apply in relation to any case falling within subsection (1)(a)] [F15 or (3)(da)].

(8) The Secretary of State shall publish his reasons for—

(a) any decision made by him under section 146(2) [F16 or 146A(2)]; or

(b) any decision to make an order under section 153(3) or vary or revoke such an order.

(9) Such reasons may be published after—

(a) in the case of subsection (8)(a), the publication of the decision concerned; and

(b) in the case of subsection (8)(b), the making of the order or of the variation or revocation;

if it is not reasonably practicable to publish them at the same time as the publication of the decision or (as the case may be) the making of the order or variation or revocation.

(10) Where the Secretary of State has decided under section 147(2) [F17 or 147A(2)] to accept an undertaking under section 159 or to make an order under section 161, he shall (after the acceptance of the undertaking or (as the case may be) the making of the order) lay details of his decision and his reasons for it, and the [F18 CMA's] report under section 142, before each House of Parliament.

[F19 (11) Where the Secretary of State has decided, in accordance with the CMA’s advice under section 162(3) or 162A(8), to accept or release an undertaking under section 159, or to make or revoke an order under section 161, the Secretary of State must, after the acceptance or release of the undertaking or (as the case may be) the making or revocation of the order, lay details of the Secretary of State’s decision and the reasons for it, and the CMA’s advice, before each House of Parliament.]

Textual Amendments

F1 Word in s. 172(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in s. 172(1)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 S. 172(1)(aa) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in s. 172(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 S. 172(2)(za)(zb) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6 S. 172(2)(zc) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 9 para. 11; S.I. 2024/1226, regs. 1(2), 2(1)(13) (with Sch. para. 10, 20)

F7 S. 172(2)(ba) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 S. 172(2)(d) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Word in s. 172(2)(f) omitted (1.1.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(a)(i), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F10 S. 172(2)(h) and word inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(a)(ii), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)

F11 S. 172(3)(da)(db) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 172(3)(e) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13 Words in s. 172(7) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 S. 172(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 12 para. 14(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Words in s. 172(7A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F16 Words in s. 172(8)(a) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F17 Words in s. 172(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 10 para. 30(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F18 Words in s. 172(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 202(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F19 S. 172(11) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 139(7)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 11, 20)