Part II APPOINTMENTMENT AND REGULATION OF UNDERTAKERS

CHAPTER I APPOINTMENTS

F16Modification of appointment conditions: Wales

Annotations:
Amendments (Textual)

14 Modification references to F15CMA.

1

The Director may make to the F14CMA a reference which is so framed as to require F6the 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

The Director may, at any time, by notice given to the F12CMA 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 F9the CMA shall give effect to the variation.

3

The Director may specify in a reference under this section, or a variation of such a reference, for the purpose of assisting the F13CMA 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, the Director 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 he 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 the Director, for the purpose of assisting the F10CMA in carrying out an investigation on a reference under this section F3or in carrying out functions under section 16A below, to give to F8the CMA —

a

any information in his possession which relates to matters falling within the scope of the investigation F4or the carrying out of those functions, and which is either—

i

requested by F8the CMA for that purpose; or

ii

information which, in his opinion, it would be appropriate for that purpose to give to F8the CMA without any such request;

and

b

any other assistance which F8the CMA may require, and which it is within his power to give, in relation to any such matters;

and F8the CMA, for the purpose of carrying out any such investigation F5or 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 F7CMA shall have regard to the matters as respects which duties are imposed on the Secretary of State and the Director by Part I of this Act.

F116A

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

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7A

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8A

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .