Enterprise Act 2002

Changes over time for: Section 136

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136 Investigations and reports on market investigation referencesU.K.

This section has no associated Explanatory Notes

(1)The [F1CMA] shall prepare and publish a report on a market investigation reference within the period permitted by section 137.

(2)The report shall, in particular, contain—

(a)the decisions of the [F1CMA] on the questions which it is required to answer by virtue of section 134;

[F2(aa)any decision of the CMA under section 154A to accept an undertaking partially in lieu of a report;]

(b)its reasons for its decisions; and

(c)such information as the [F1CMA] considers appropriate for facilitating a proper understanding of those questions and of its reasons for its decisions.

(3)The [F1CMA] shall carry out such investigations as it considers appropriate for the purposes of preparing a report under this section.

[F3(4)Where a reference has been made by the appropriate Minister under section 132 the CMA shall, at the same time as the report under this section is published, give it to the appropriate Minister.]

(5)Where a reference has been made by the [F4CMA] under section 131 or by the appropriate Minister under section 132 in circumstances in which a reference could have been made by a relevant sectoral regulator under section 131 as it has effect by virtue of a relevant sectoral enactment, the [F5CMA] shall, at the same time as the report under this section is published, give a copy of it to the relevant sectoral regulator concerned.

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this Part “relevant sectoral enactment” means—

(a)[F7in relation to the Director General of Telecommunications, section 50 of the Telecommunications Act 1984 (c. 12);]

(b)in relation to the Gas and Electricity Markets Authority, section 36A of the Gas Act 1986 (c. 44) [F8, section 43 of the Electricity Act 1989 or (as the case may be) section 36 of the Energy Act 2023;]

(c)in relation to [F9the Water Services Regulation Authority] , section 31 of the Water Industry Act 1991 (c. 56);

(d)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)in relation to the [F11Office of Rail and Road], section 67 of the Railways Act 1993 (c. 43);

[F12(ea)in relation to the Financial Conduct Authority, section 234I of the Financial Services and Markets Act 2000;]

(f)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)in relation to the Civil Aviation Authority, section 86 of the Transport Act 2000 (c. 38). [F14 or section 60 of the Civil Aviation Act 2012;]

[F15(h)in relation to the Office of Communications, sections 370 and 371 of the Communications Act 2003.]

[F16(h)in relation to the Northern Ireland Authority for Utility Regulation, Article 46 of the Electricity (Northern Ireland) Order 1992, Article 23 of the Gas (Northern Ireland) Order 1996 or Article 29 of the Water and Sewerage Services (Northern Ireland) Order 2006.]

F17(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(j)in relation to the Payment Systems Regulator, section 59 of the Financial Services (Banking Reform) Act 2013.]

(8)In this Part “relevant sectoral regulator” means [F19the Director General of Telecommunications] , the Gas and Electricity Markets Authority, [F9the Water Services Regulation Authority], F20. . . , the [F11Office of Rail and Road], [F21the Financial Conduct Authority,]F22. . . , the Civil Aviation Authority or the Office of [F23Communications,] the Northern Ireland Authority for Utility Regulation F24[F25... or the Payment Systems Regulator.]

(9)The Secretary of State may by order modify subsection (7) or (8).

[F26(10)In this section “the Payment Systems Regulator” means the body established under section 40 of the Financial Services (Banking Reform) Act 2013.]

Textual Amendments

F1Word in s. 136(1)-(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (2013 c. 24), s. 26(3), Sch. 5 para. 169(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) Sch.

F2S. 136(2)(aa) inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 8 para. 4; S.I. 2024/1226, regs. 1(2), 2(1)(12)

F3S. 136(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 169(3) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4Word in s. 136(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 169(4)(a) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5Word in s. 136(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 169(4)(b) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6S. 136(6) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 169(5) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7S. 136(7)(a) repealed (25.7.2003 for certain purposes and 29.12.2003 for certain further purposes) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 19(1) (with transitional provisions in Sch. 18 and with Sch. 19 Note 1); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(1)(2) (with art. 11)