Part 3Mergers

Chapter 5Supplementary

Reports

118 Excisions from reports

(1)

Subsection (2) applies where the Secretary of State is under a duty to publish—

(a)

a report of the F1CMA under section 44 or 61;

F2(aa)

a report of OFCOM under section 44A or 61A; or

(b)

a report of the F3CMA under section 50 or 65.

(2)

The Secretary of State may exclude a matter from the report concerned if he considers that publication of the matter would be inappropriate.

(3)

In deciding what is inappropriate for the purposes of subsection (2) the Secretary of State shall have regard to the considerations mentioned in section 244.

(4)

The body which has prepared the report shall advise the Secretary of State as to the matters (if any) which it considers should be excluded by him under subsection (2).

(5)

References in sections 38(4) and 107(11) to the giving or laying of a report of the F4CMA shall be construed as references to the giving or laying of the report as published.

119 Minority reports of F5CMA

(1)

Subsection (2) applies where, on a reference to the F6CMA under this Part, a member of a group constituted in connection with the reference F7..., disagrees with any decisions contained in the report of the F6CMA under this Part as the decisions of the F6CMA.

(2)

The report shall, if the member so wishes, include a statement of his disagreement and of his reasons for disagreeing.