379Adaptation of role of OFT in special public interest regimeU.K.
(1)Section 61 of the Enterprise Act 2002 (c. 40) (initial investigation and report by OFT in special public interest cases) shall be amended as follows.
(2)In subsection (3)(b) (report must include summary of representations about considerations specified in section 58) after the word “concerned” there shall be inserted “ (other than a consideration which, at the time of the giving of the notice, was specified in section 58(2A) to (2C)) ”.
(3)In subsection (4) for the words “59(4)(b)” there shall be substituted “ 59(3B)(b) ”.
(4)After subsection (4) there shall be inserted—
“(4A)The report may, in particular, contain a summary of any representations about the case which have been received by the OFT and which relate to any consideration which—
(a)is mentioned in the special intervention notice concerned and, at the time of the giving of that notice, was specified in section 58(2A) to (2C); and
(b)is or may be relevant to the Secretary of State’s decision as to whether to make a reference under section 62.”
Commencement Information
I1S. 379 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)