SCHEDULES
SCHEDULE 9F2CMA's Rules
F1Oral hearings: procedure
Sch. 9 para. 13A and cross-heading inserted (25.4.2013 for specified purposes, 1.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 42(5), 103(1)(i)(3); S.I. 2014/416, art. 2(1)(b) (with Sch.)
13A
1
Rules may make provision as to the procedure to be followed by the CMA in holding oral hearings as part of an investigation.
2
Rules may, in particular, make provision as to the appointment of a person mentioned in sub-paragraph (3) who has not been involved in the investigation in question to—
a
chair an oral hearing, and
b
prepare a report following the hearing and give it to the person who is to exercise on behalf of the CMA its function of making a decision (within the meaning given by section 31(2)) as a result of the investigation.
3
The persons are—
a
a member of the CMA Board;
b
a member of the CMA panel;
c
a member of staff of the CMA.
4
The report must—
a
contain an assessment of the fairness of the procedure followed in holding the oral hearing, and
b
identify any other concerns about the fairness of the procedure followed in the investigation which have been brought to the attention of the person preparing the report.
Word in Sch. 9 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 58(2) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)