4(1)Where the [F1OFT’s] report on any arrangements contains any such conclusions as are mentioned in paragraph 1(4), the [F2ITC] or the holder of any regional Channel 3 licence may, within the relevant period, make to the [F3Competition Commission] a reference which is so framed as to require the [F3Competition Commission] to investigate and report on either or both of the following questions, namely—U.K.
(a)whether the arrangements, or any particular provisions of the arrangements, satisfy the competition test;
(b)whether the modifications specified in the report, or any particular modification so specified, ought to be incorporated in the arrangements for the purpose of enabling them to satisfy that test.
(2)In sub-paragraph (1) “the relevant period” means the period of four weeks beginning with the date of publication of the [F1OFT’s] report.
(3)Where a reference is made to the [F3Competition Commission] under this paragraph, the [F3Competition Commission] shall (subject to sub-paragraphs (4) and (5))—
(a)publish a notice of the reference in such manner as they consider most suitable for bringing it to the attention of persons who, in the opinion of the [F3Competition Commission], would be affected by or be likely to have an interest in it; and
(b)make a report on the reference within the period of three months beginning with the date of publication of the notice referred to in paragraph (a).
(4)The period referred to in sub-paragraph (3)(b) may be extended by the [F3Competition Commission]by a further period of three months if they consider it necessary to do so.
(5)The [F3Competition Commission] shall not be required to proceed with any reference under this paragraph which appears to them to be frivolous or vexatious; but, where they decide not to proceed with any such reference, they shall publish a notice of their decision in such manner as they consider appropriate.
(6)If—
(a)while the [F3Competition Commission] are proceeding with any reference under this paragraph, the [F1OFT] is informed in accordance with section 39(12)(b) of this Act of any modification to the arrangements in respect of which the reference has been made, and
(b)it appears to [F1it] that the modification is material to any issue falling to be considered by the [F3Competition Commission] on the reference,
[F1it] shall refer the modification to the [F3Competition Commission], who may, if they think fit, treat the reference as varied so far as is necessary to take account of the modification; and, if they do so, references to those arrangements in paragraphs 5 and 6 shall accordingly be construed as references to those arrangements as modified.
F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(7A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Sch. 4 para. 4 substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(d)(i), Sch. 26; S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F2Word in Sch. 4 para. 4(1) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(iii)
F3Words in Sch. 4 para. 4(1)(3)-(6) substituted (1.4.1999) by S.I. 1999/506, art. 29(c)(ii)
F4Sch. 4 para. 4(7)(7A) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 24(9)(d)(ii), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with art. 8)