14 Modification references to [F1CMA].E+W
(1)[F2The Authority] may make to the [F3CMA] a reference which is so framed as to require [F4the CMA] to investigate and report on the questions—
(a)whether any matters which—
(i)relate to the carrying out of any function which is a function of any company by virtue of an appointment of that company under this Chapter; and
(ii)are specified in the reference,
operate, or may be expected to operate, against the public interest; and
(b)if so, whether the effects adverse to the public interest which those matters have or may be expected to have could be remedied or prevented by modifications of the conditions of the company’s appointment.
(2)[F2The Authority], at any time, by notice given to the [F5CMA] vary a reference under this section by—
(a)adding to the matters specified in the reference; or
(b)excluding from the reference some or all of the matters so specified;
and on receipt of any such notice [F6the CMA] shall give effect to the variation.
(3)[F2The Authority] may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the [F7CMA] in carrying out the investigation on the reference—
(a)any effects adverse to the public interest which, in his opinion, the matters specified in the reference or variation have or may be expected to have; and
(b)any modifications of the conditions of any appointment mentioned in the reference or variation by which, in his opinion, those effects could be remedied or prevented.
(4)As soon as practicable after making a reference under this section or a variation of such a reference, [F2the Authority] shall—
(a)serve a copy of the reference or variation on the company whose appointment is mentioned in the reference or variation; and
(b)publish particulars of the reference or variation in such manner as [F2it] considers appropriate for the purpose of bringing the reference or variation to the attention of persons likely to be affected by it.
(5)It shall be the duty of [F2the Authority], for the purpose of assisting the [F8CMA] in carrying out an investigation on a reference under this section [F9or in carrying out functions under section 16A below], to give to [F10the CMA] —
(a)any information in his possession which relates to matters falling within the scope of the investigation [F11or the carrying out of those functions], and which is either—
(i)requested by [F10the CMA] for that purpose; or
(ii)information which, in [F2its] opinion, it would be appropriate for that purpose to give to [F10the CMA] without any such request;
and
(b)any other assistance which [F10the CMA] may require, and which it is within [F2its] power to give, in relation to any such matters;
and [F10the CMA], for the purpose of carrying out any such investigation [F12or such functions], shall take account of any information given to them for that purpose under this subsection.
(6)In determining for the purposes of this section whether any particular matter operates, or may be expected to operate, against the public interest, the [F13CMA] shall have regard to the matters as respects which duties are imposed on the Secretary of State and [F2the Authority] by Part I of this Act.
[F14(6A)The functions of the CMA with respect to a reference under this section are to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013 (including functions relating to the making of modifications following a report on a reference, and functions under sections 109 to 115 of the Enterprise Act 2002, as applied by sections 14B and 16B).]
(7)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7A)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8A)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 14 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in Act substituted (1.4.2006) by virtue of Water Act 2003 (c. 37), ss. 36(2), 105(3); S.I. 2005/2714, art. 4(c)
F3Word in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(2)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in s. 14(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Word in s. 14(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in s. 14(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Word in s. 14(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Word in s. 14(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(5)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(a), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)
F10Words in s. 14(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(5)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F11Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(b), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)
F12Words in s. 14(5) inserted (1.10.2004) by Water Act 2003 (c. 37), ss. 55(2)(c), 105(3); S.I. 2004/2528, art. 2(h) (with savings in art. 4, Sch.)
F13Word in s. 14(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F14S. 14(6A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 54(7); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F15S. 14(7)(7A) repealed (20.6.2003) by Enterprise Act 2002 (c. 40), ss. 278, 279, Sch. 25 para. 25(4), Sch. 26; S.I. 2003/1397, art. 2(1), Sch. (with savings in art. 8)
F16S. 14(8)(8A) repealed (1.4.2004) by Water Act 2003 (c. 37), ss. 53(3)(4), 101(2), 105(3), Sch. 9 Pt. 2; S.I. 2004/641, art. 3(k)(z)(i) (with art. 6, Sch. 3)