(1)For the purposes of this section the [F12002] Act functions are the functions mentioned in subsection (2) of section 86 which, by virtue of that section, are concurrent functions of the CAA and [F2the CMA].
(2)Before [F2the CMA] or the CAA first carries out the [F12002] Act functions in relation to a matter [F3it] must consult the other.
(3)If [F2the CMA] or the CAA has carried out the [F12002] Act functions in relation to a matter the other must not carry out the [F12002] Act functions in relation to the matter.
(4)If in carrying out the [F12002] Act functions the CAA makes a [F4market investigation reference (under section 131 of the 2002 Act)], to help the [F5CMA group (constituted under Schedule 4 to the Enterprise and Regulatory Reform Act 2013) which is to conduct the] investigation on the reference the CAA must give to it—
(a)any information the CAA has which relates to matters within the scope of the investigation and which the [F6CMA group] requests;
(b)any information the CAA has which relates to matters within the scope of the investigation and which the CAA thinks it would be appropriate for it to give without a request;
(c)any other help which the CAA is able to give in relation to matters within the scope of the investigation and which the [F7CMA group] requests.
(5)In carrying out the investigation concerned the [F8CMA group] must take account of any information given under subsection (4).
Textual Amendments
F1Word in s. 89 substituted (20.6.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 9 para. 26; S.I. 2003/1397, art. 2(1), Sch.
F2Words in s. 89(1)-(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(2) (with art. 3)
F3Word in s. 89(2) substituted (1.4.2003) by Enterprise Act 2002 (c. 40), s. 279, Sch. 25 para. 44(8)(b); S.I. 2003/766, art. 2, Sch. (with art. 3) (as amended (20.7.2007) by S.I. 2007/1846, reg. 3(2), Sch.)
F4Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(a) (with art. 3)
F5Words in s. 89(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(b) (with art. 3)
F6Words in s. 89(4)(a) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
F7Words in s. 89(4)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(3)(c) (with art. 3)
F8Words in s. 89(5) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 155(4) (with art. 3)
Commencement Information
I1S. 89 wholly in force at 1.2.2001, see s. 275(1)(2) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)