F1PART 9ARules and Guidance

CHAPTER 4Competition scrutiny

140DInvestigation powers of OFT

Where the OFT is deciding whether to exercise its power under section 7 of the Enterprise Act 2002 to give advice which, if given, would be section 140B advice, section 174 of that Act has effect as if—

(a)

in subsection (1), for the words from “make a reference” to the end there were substituted “ give advice which would for the purposes of Chapter 4 of Part 9A of the Financial Services and Markets Act 2000 be section 140B advice ”, and

(b)

in subsection (2), for “make such a reference” there were substituted “ give such advice ”.